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{{short description|13th Chief Justice of India}}
{{Use dmy dates|date=July 2019}}
{{Infobox judge
{{Infobox judge
| honorific-prefix =
| honorific-prefix = Hon'ble Justice
| name = Sarv Mittra Sikri
| name = S.M. Sikri
| image =
| image = [[File:S. M. Sikri's portrait.jpg]]
| alt =
| order = 13th
| caption =
| office = Chief Justice of India
| order = 13th
| term_start = 22 January 1971
| office = Chief Justice of India
| term_end = 25 April 1973
| appointer = [[Varahagiri Venkata Giri|V. V. Giri]]
| term_start = 22 January 1971
| term_end = 25 April 1973
| predecessor = [[Jayantilal Chhotalal Shah]]
| nominator =
| successor = [[Ajit Nath Ray]]
| appointer = [[Varahagiri Venkata Giri|V. V. Giri]]
| office2 = Judge of the [[Supreme Court of India]]
⚫
| term_start2 = 3 February 1964
| predecessor = [[Jayantilal Chhotalal Shah]]
| successor = [[Ajit Nath Ray]]
| term_end2 = 25 April 1973
| office2 = Judge, Supreme Court of India
| nominator2 = [[P. B. Gajendragadkar]]
| appointer2 = [[Sarvepalli Radhakrishnan]]
⚫
| term_start2 = 3 February 1964
| term_end2 = 25 April 1973
| predecessor2 =
| nominator2 =
| successor2 =
| office3 = [[Advocate general (India)|Advocate General]] for [[Punjab, India|Punjab]]
| appointer2 =
| term_start3 = 1 November 1956
| predecessor2 =
| successor2 =
| term_end3 = 2 February 1964
| appointer3 = [[Chandeshwar Prasad Narayan Singh]]
⚫
| birth_date = {{birth date|1908|04|26|df=y}}<ref name=sci-sikri>{{cite web|url=http://www.supremecourtofindia.nic.in/judges/rcji/13smsikri.htm|title=Hon'ble Mr. Justice S.M. Sikri|publisher=Supreme Court of India|accessdate=2012-06-24}}</ref>
| predecessor3 = ''office established''
| birth_place =
| successor3 = S.K. Kapur
⚫
| death_date = {{death date and age|1992|09|24|1908|04|26|df=y}}
| birth_date = {{birth date|1908|04|26|df=y}}
| death_place =
| birth_place = [[Kabirwala]], [[Punjab Province (British India)|Punjab]]
| nationality = Indian
⚫
| death_date = {{death date and age|1992|09|24|1908|04|26|df=y}}
⚫
| spouse =
| party =
| death_place =
| relations =
| nationality = Indian
| children =
| spouse =
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| party =
| alma_mater =
| relations =
| occupation =
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| profession =
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| religion =
| alma_mater =
| signature =
| occupation =
⚫
| profession =
⚫
| signature_alt =
| website =
| religion =
| footnotes =
| signature =
⚫
| signature_alt =
⚫
| website =
| footnotes =
}}
}}
'''Sarv Mittra Sikri''' (26 April 1908 &ndash; 24 September 1992) was the 13th [[Chief Justice of India|Chief Justice]] of the [[Supreme Court of India]] from 22 January 1971 until his retirement on 25 April 1973.<ref name=sci-smsikri>{{cite web|url=http://www.supremecourtofindia.nic.in/judges/bio/smsikri.htm|title=Sarv Mittra Sikri|publisher=Supreme Court of India|accessdate=2012-06-24}}</ref>
'''Sarv Mittra Sikri''' (26 April 1908 &ndash; 24 September 1992) was an Indian lawyer and judge who served as the 13th [[Chief Justice of India]].<ref name=sci-smsikri>{{cite web|url=http://www.supremecourtofindia.nic.in/judges/bio/smsikri.htm|title=Sarv Mittra Sikri|publisher=Supreme Court of India|accessdate=2012-06-24}}</ref>


He previously served as the first [[Advocate general (India)|Advocate-General]] for [[Punjab, India|Punjab]], before becoming the first of nine judges of the [[Supreme Court of India]], to be directly appointed from the Bar. Additionally, he is the first of only two judges to be CJI, directly from the Bar.<ref>{{Cite web |title=CJI NV Ramana recommends Justice UU Lalit's name to Centre as the 49th Chief Justice of India |url=https://www.firstpost.com/india/cji-nv-ramana-recommends-justice-uu-lalits-name-to-centre-as-the-49th-chief-justice-of-india-11008411.html/amp |access-date=2022-08-23 |website=Firstpost |date=4 August 2022 |language=en}}</ref>
He began his legal career in 1930 as an attorney practicing at the [[Lahore High Court]]. Following [[independence of India|independence]], he was appointed the Assistant Advocate General of [[Punjab (India)|Punjab]] in 1949. He served as advocate general from 1951 to 1964.


==Biography==
In February 1964, he was appointed as judge of the Supreme Court of India, and became Chief Justice of India in January 1971. He was the first Judge of the Supreme Court to have been appointed directly from the Bar, and also the first Chief Justice of India directly from the Bar.
⚫
Sikri was born in Lahore on 26 April 1908.<ref name=sci-sikri>{{cite web|url=http://www.supremecourtofindia.nic.in/judges/rcji/13smsikri.htm|title=Hon'ble Mr. Justice S.M. Sikri|publisher=Supreme Court of India|accessdate=2012-06-24}}</ref> He moved to London to study medicine, but switched to law, studying at [[Trinity College, Cambridge]].<REF name="sci-smsikri"/> Before returning to [[Lahore]] in 1930, he served as a [[barrister-at-law]] at [[Lincoln's Inn]], in London.
He was second in seniority but was appointed as seniormost judge Zafar Imam refused the honour on health grounds. (This is incorrect... Justice Sikri was the seniormost judge of the Supreme Court when he was appointed Chief Justice upon the retirement of Chief Justice J.C. Shah)


He began his legal practise in the chambers of Jagannath Agarwal, who was a leading advocate in the [[Lahore High Court]] and practiced criminal and civil law. Following [[independence of India|independence]], he was appointed the Assistant Advocate General of [[Punjab (India)|Punjab]] in 1949 and soon as the advocate general in 1951. Held the same position almost entirely until his elevation as a judge of the Supreme Court of India in 1964.<ref name="Full Court Reference">{{cite web|url=https://www.ebc-india.com/lawyer/articles/92v4a3.htm|title=Full Court Reference|publisher=[[Supreme Court of India]]}}</ref>
[[Kesavananda Bharati vs. The State of Kerala]] is a major decision during his tenure as chief justice. He is credited with outlining the [[Basic structure doctrine (Constitution of India)|''Basic Structure doctrine'']] of the [[Constitution of India]].<ref name=ik-257876-316>{{cite web|url=http://www.indiankanoon.org/doc/257876/|title=Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973|publisher=Indian Kanoon|at=Para 316|accessdate=2012-06-24}}</ref>

As an advocate, he appeared and practised in various courts, ranging from the Lahore High Court and other courts in Punjab to the [[Federal Court of India]] and eventually the Supreme Court of India.<ref name="S. M. Sikri">{{cite web|url=https://www.scobserver.in/judges/s-m-sikri/|title=S.M. Sikri|publisher=SCO}}</ref>

==Notable judgements==
''[[I.C. Golaknath and Ors. v. State of Punjab and Anrs.]]'' had him a part of the thin majority of 6:5, in which the court reversed its earlier decision which had upheld Parliament's power to amend all parts of the Constitution, including Part III related to Fundamental Rights. The judgement left Parliament with no power to curtail Fundamental Rights.<ref name="Full Court Reference"/>


==References==
==References==
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{{S-start}}
{{S-start}}
{{s-legal}}
{{succession box | before = [[Jayantilal Chhotalal Shah]] | title = [[Chief Justice of India]] | years =January 22, 1971&ndash; April 25, 1973| after =[[Ajit Nath Ray]]}}
{{succession box | before = [[Jayantilal Chhotalal Shah]] | title = [[Chief Justice of India]] | years =January 22, 1971&ndash; April 25, 1973| after =[[Ajit Nath Ray]]}}
{{S-end}}
{{S-end}}
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{{Chief Justices of India}}
{{Chief Justices of India}}


{{authority control}}
{{Persondata

⚫
| name = Sikri, Sarv Mittra
| alternative names =
| short description = Indian judge
| date of birth = 1908
| place of birth =
| date of death = 1992
| place of death =
}}
{{DEFAULTSORT:Sikri, Sarv Mittra}}
{{DEFAULTSORT:Sikri, Sarv Mittra}}
[[Category:Chief Justices of India]]
[[Category:Chief justices of India]]
[[Category:1908 births]]
[[Category:1908 births]]
[[Category:1992 deaths]]
[[Category:1992 deaths]]
[[Category:20th-century Indian lawyers]]
[[Category:20th-century Indian judges]]




Latest revision as of 14:09, 30 June 2024

Hon'ble Justice
S.M. Sikri
13th Chief Justice of India
In office
22 January 1971 – 25 April 1973
Appointed byV. V. Giri
Preceded byJayantilal Chhotalal Shah
Succeeded byAjit Nath Ray
Judge of the Supreme Court of India
In office
3 February 1964 – 25 April 1973
Nominated byP. B. Gajendragadkar
Appointed bySarvepalli Radhakrishnan
Advocate General for Punjab
In office
1 November 1956 – 2 February 1964
Appointed byChandeshwar Prasad Narayan Singh
Preceded byoffice established
Succeeded byS.K. Kapur
Personal details
Born(1908-04-26)26 April 1908
Kabirwala, Punjab
Died24 September 1992(1992-09-24) (aged 84)
NationalityIndian

Sarv Mittra Sikri (26 April 1908 – 24 September 1992) was an Indian lawyer and judge who served as the 13th Chief Justice of India.[1]

He previously served as the first Advocate-General for Punjab, before becoming the first of nine judges of the Supreme Court of India, to be directly appointed from the Bar. Additionally, he is the first of only two judges to be CJI, directly from the Bar.[2]

Biography

[edit]

Sikri was born in Lahore on 26 April 1908.[3] He moved to London to study medicine, but switched to law, studying at Trinity College, Cambridge.[1] Before returning to Lahore in 1930, he served as a barrister-at-law at Lincoln's Inn, in London.

He began his legal practise in the chambers of Jagannath Agarwal, who was a leading advocate in the Lahore High Court and practiced criminal and civil law. Following independence, he was appointed the Assistant Advocate General of Punjab in 1949 and soon as the advocate general in 1951. Held the same position almost entirely until his elevation as a judge of the Supreme Court of India in 1964.[4]

As an advocate, he appeared and practised in various courts, ranging from the Lahore High Court and other courts in Punjab to the Federal Court of India and eventually the Supreme Court of India.[5]

Notable judgements

[edit]

I.C. Golaknath and Ors. v. State of Punjab and Anrs. had him a part of the thin majority of 6:5, in which the court reversed its earlier decision which had upheld Parliament's power to amend all parts of the Constitution, including Part III related to Fundamental Rights. The judgement left Parliament with no power to curtail Fundamental Rights.[4]

References

[edit]
  1. ^ a b "Sarv Mittra Sikri". Supreme Court of India. Retrieved 24 June 2012.
  2. ^ "CJI NV Ramana recommends Justice UU Lalit's name to Centre as the 49th Chief Justice of India". Firstpost. 4 August 2022. Retrieved 23 August 2022.
  3. ^ "Hon'ble Mr. Justice S.M. Sikri". Supreme Court of India. Retrieved 24 June 2012.
  4. ^ a b "Full Court Reference". Supreme Court of India.
  5. ^ "S.M. Sikri". SCO.
Legal offices
Preceded by Chief Justice of India
January 22, 1971– April 25, 1973 		Succeeded by


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