Jayantilal Chhotalal Shah (22 January 1906 – 4 January 1991) was the twelfth

Chief Justice of India The chief justice of India ( IAST: ) is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian Judiciary. The Constitution of India grants power to the president of India to appoint, in consultation ...

from 17 December 1970 until his retirement on 21 January 1971. He was born in

Ahmedabad Ahmedabad ( ; Gujarati: Amdavad ) is the most populous city in the Indian state of Gujarat. It is the administrative headquarters of the Ahmedabad district and the seat of the Gujarat High Court. Ahmedabad's population of 5,570,585 (per ...

Early life and legal career

Shah attended schooling at R.C. School in Ahmedabad and subsequently studied at

Elphinstone college Elphinstone College is one of the constituent colleges of Dr. Homi Bhabha State University, a state cluster university. Established in 1823, it is one of the oldest colleges in Mumbai. It played a major role in shaping and developing the ed ...

Bombay Mumbai (, ; also known as Bombay — List of renamed Indian cities and states#Maharashtra, the official name until 1995) is the capital city of the Indian States and union territories of India, state of Maharashtra and the ''de facto'' fin ...

. He began practice as a lawyer at Ahmedabad in 1929. He was part of the legal team prosecuting

Nathuram Godse Nathuram Vinayak Godse (19 May 1910 – 15 November 1949) was the assassin of Mahatma Gandhi. He was a Hindu nationalist from Maharashtra who shot Gandhi in the chest three times at point blank range at a multi-faith prayer meeting in B ...

and other defendants in the Gandhi assassination case. In 1949, he moved to the

Bombay High Court The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai (formerly known as Bombay), and is one of the ...

where he was

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

for 10 years. In October 1959, he was appointed Judge of the

Supreme Court of India The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...

, and became Chief Justice of India in December 1970.

Indian Emergency (1975–77) and Shah Commission

On 28 May 1977, the home ministry appointed Justice J. C. Shah, who was then a retired Chief Justice of the Supreme Court of India to head the Shah Commission. It was set up by the central government under the Commissions of Inquiry Act, 1952 to probe excesses committed during the Emergency in India. The Shah commission was required to look "into excesses, malpractices and misdeeds committed during the Emergency by the political authorities, public servants, their friends, and in particular allegations of gross misuse of power of arrest or detention, use of force in the implementation of the family planning programme and indiscriminate and high-handed demolition of houses, shops, buildings etc. in the name of

slum clearance Slum clearance, slum eviction or slum removal is an urban renewal strategy used to transform low income settlements with poor reputation into another type of development or housing. This has long been a strategy for redeveloping urban communities; ...

." The commission concluded that during the Emergency the provisions of the Maintenance of Internal Security Act and the Defence of India Rules were not followed but were abused in order to damage political opponents. Concerning the circumstances in which the emergency was proclaimed, the commission found that there was no economic crisis and no crisis of law and order. The commission decided that the decision to impose Emergency was made by prime minister

Indira Gandhi Indira Priyadarshini Gandhi (; ''née'' Nehru; 19 November 1917 – 31 October 1984) was an Indian politician and a central figure of the Indian National Congress. She was elected as third prime minister of India in 1966 and was al ...

alone, without consulting her cabinet colleagues, and was not justified. The report was particularly scathing of Indira Gandhi, her son

Sanjay Gandhi Sanjay Gandhi (14 December 1946 23 June 1980) was an Indian politician and the younger son of Indira Gandhi and Feroze Gandhi. He was a member of parliament, Lok Sabha and the Nehru–Gandhi family. During his lifetime, he was widely expected ...

Pranab Mukherjee Dr. Pranab Mukherjee (11 December 193531 August 2020) was an Indian politician and statesman who served as the 13th president of India from 2012 until 2017. In a political career spanning five decades, Mukherjee was a senior leader in the Indi ...

Bansi Lal Bansi Lal Legha (26 August 1927 – 28 March 2006) was an Indian independence activist, senior Congress leader, former Chief Minister of Haryana, former Defence Minister of India, and the architect of modern Haryana. Bansi Lal was part of the f ...

Kamal Nath Kamal Nath (born 18 November 1946) is an Indian politician who served as the 18th Chief Minister of Madhya Pradesh for approximately 15 months and resigned after a political crisis. He was the Leader of the Opposition in the Madhya Pradesh Legi ...

and officers belonging to civil services who helped Sanjay Gandhi. The commission concluded that during the Emergency the provisions of the Maintenance of Internal Security Act and the Defence of India Rules were not followed but were abused in order to damage political opponents.

References

External links

Bio on Supreme Court of India WebsiteReference to the "late Justice J C Shah"
Chief justices of India Gujarati people Scholars from Ahmedabad 1906 births 1991 deaths 20th-century Indian lawyers 20th-century Indian judges Elphinstone College alumni Chief Justices of the Bombay High Court {{India-law-bio-stub