Janardan Raghunath Mudholkar - Revision history

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	{{Infobox ~~judge~~		{{Infobox officeholder
	\| honorific-prefix = Justice		\| honorific-prefix = Justice
	\| name = J. R. Mudholkar		\| name = J. R. Mudholkar
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	''' Janardan Raghunath Mudholkar''' B.A., LL.B. (Cantab) Bar-at-Law (9 May 1902 - 27 July 1983<ref>{{cite book\|title=The Bombay Law Reporter: Reports, Volume 85\|page=xxiv\|publisher=Bombay Law Reporter Office\|year=1983\|url=https://books.google.com/books?id=hz09AQAAIAAJ\|quote=. J. R. Mudholkar, a former judge of the Supreme Court of India and originally a great judge from this High Court passed away on Monday, June 27, 1983 at Bhopal.}}</ref>), was an Indian Judge who served as Judge of [[Supreme Court of India]] from 3 October 1960 to 3 July 1966.<ref>{{cite book\|url=https://books.google.com/books?id=GIAyDwAAQBAJ&pg=PT102\|title=Judges of the Supreme Court of India: 1950–1989\|author=George H. Gadbois, Jr\|publisher=Oxford University Press\|date=2 May 2011\|isbn=978-0199088386\|page=103}}</ref>		''' Janardan Raghunath Mudholkar''' B.A., LL.B. (Cantab) Bar-at-Law (9 May 1902 – 27 July 1983<ref>{{cite book\|title=The Bombay Law Reporter: Reports, Volume 85\|page=xxiv\|publisher=Bombay Law Reporter Office\|year=1983\|url=https://books.google.com/books?id=hz09AQAAIAAJ\|quote=. J. R. Mudholkar, a former judge of the Supreme Court of India and originally a great judge from this High Court passed away on Monday, June 27, 1983 at Bhopal.}}</ref>), was an Indian Judge who served as Judge of [[Supreme Court of India]] from 3 October 1960 to 3 July 1966.<ref>{{cite book\|url=https://books.google.com/books?id=GIAyDwAAQBAJ&pg=PT102\|title=Judges of the Supreme Court of India: 1950–1989\|author=George H. Gadbois, Jr\|publisher=Oxford University Press\|date=2 May 2011\|isbn=978-0199088386\|page=103}}</ref>

	Mudholkar was educated at Elphinstone High School, Bombay; Elphinstone College, Bombay; Sidney Sussex College, Cambridge, Lincoln’s Inn, London. He practised at the Bar at [[Amravati]] during 1925–1929 and at Nagpur during 1930-1941. He was the son of [[Raghunath Narasinha Mudholkar\|Rao Bahadur Raghunath Narasinha Mudholkar]], a distinguished lawyer and President of the Indian National Congress<ref>http://www.congresssandesh.com/AICC/history/presidents/rao_bahadur_raghunath_narasinha.htm</ref> at the 1912 session in Bankipur.		Mudholkar was educated at Elphinstone High School, Bombay; Elphinstone College, Bombay; Sidney Sussex College, Cambridge, Lincoln’s Inn, London. He practised at the Bar at [[Amravati]] during 1925–1929 and at Nagpur during 1930-1941. He was the son of [[Raghunath Narasinha Mudholkar\|Rao Bahadur Raghunath Narasinha Mudholkar]], a distinguished lawyer and President of the Indian National Congress<ref>{{cite web \|url=http://www.congresssandesh.com/AICC/history/presidents/rao_bahadur_raghunath_narasinha.htm \|title=Rao Bahadur Raghunath Narasinha Mudholkar \|website=www.congresssandesh.com \|url-status=dead \|archive-url=https://web.archive.org/web/20031231060849/http://congresssandesh.com/AICC/history/presidents/rao_bahadur_raghunath_narasinha.htm \|archive-date=2003-12-31}}</ref> at the 1912 session in Bankipur.

	He became District & Sessions Judge during September 1941 – June 1948.<ref>{{cite web \|title= Former Judges \|url=http://supremecourtofindia.nic.in/judges/bio/15_jrmadholkar.htm \|publisher=Supreme Court of India, New Delhi \|accessdate=2 February 2012}}</ref>		He became District & Sessions Judge during September 1941 – June 1948.<ref>{{cite web \|title= Former Judges \|url=http://supremecourtofindia.nic.in/judges/bio/15_jrmadholkar.htm \|publisher=Supreme Court of India, New Delhi \|accessdate=2 February 2012}}</ref>

	He became High Court Judge at [[Nagpur High Court]] during June 1948 – October, 1956. He went to the [[Bombay High Court]] as Judge during November 1956 – September 1960 and was acting Chief Justice of the Bombay High Court during ~~August – September~~ 1960.		He became High Court Judge at [[Nagpur High Court]] during June 1948 – October, 1956. He went to the [[Bombay High Court]] as Judge during November 1956 – September 1960 and was acting Chief Justice of the Bombay High Court during August–September 1960.
	<ref>{{cite web \|title= Former Judges \|url= http://www.bombayhighcourt.nic.in/jshowpuisne.php?auth=amdldGlkPTEyNSZwYWdlbm89MTM= \|publisher=Supreme Court of India, New Delhi \|accessdate=2 February 2012}}</ref>		<ref>{{cite web \|title= Former Judges \|url= http://www.bombayhighcourt.nic.in/jshowpuisne.php?auth=amdldGlkPTEyNSZwYWdlbm89MTM= \|publisher=Supreme Court of India, New Delhi \|accessdate=2 February 2012}}</ref>

	He was amongst the first Indian Supreme Court justices to proclaim the notion that later became known as the Basic Structure of the Indian Constitution. In his separate concurring judgment agreeing with the majority to dismiss the petition of Sajjan Singh v. State of Rajasthan,<ref>http://www.indiankanoon.org/doc/1308308/</ref> Mudholkar averred, somewhat hesitatingly, that constitution had certain "basic features"<ref>http://www.citizeneconomists.com/blogs/2012/04/26/the-genesis-of-indias-basic-structure-doctrine/</ref> that cannot be amended by Parliament through its amending powers under Article 368:		He was amongst the first Indian Supreme Court justices to proclaim the notion that later became known as the Basic Structure of the Indian Constitution. In his separate concurring judgment agreeing with the majority to dismiss the petition of Sajjan Singh v. State of Rajasthan,<ref>http://www.indiankanoon.org/doc/1308308/ {{Bare URL inline\|date=April 2022}}</ref> Mudholkar averred, somewhat hesitatingly, that constitution had certain "basic features"<ref>{{Cite web\|url=http://www.citizeneconomists.com/blogs/2012/04/26/the-genesis-of-indias-basic-structure-doctrine/\|title = The genesis of India's 'basic structure' doctrine « Citizen Economists}}</ref> that cannot be amended by Parliament through its amending powers under Article 368:

	<blockquote>''Before I part with this case I wish to make it clear that what I have said in this judgment is not an expression of my final opinion but only an expression of certain doubts which have assailed me regarding a question of paramount importance to the citizens of our country: to know whether the basic features of the Constitution under which we live and to which we owe allegiance are to endure for all time -or at least for the foreseeable future - or whether the yard no more enduring than the implemental and subordinate provisions of the Constitution.''</blockquote>		<blockquote>''Before I part with this case I wish to make it clear that what I have said in this judgment is not an expression of my final opinion but only an expression of certain doubts which have assailed me regarding a question of paramount importance to the citizens of our country: to know whether the basic features of the Constitution under which we live and to which we owe allegiance are to endure for all time -or at least for the foreseeable future - or whether the yard no more enduring than the implemental and subordinate provisions of the Constitution.''</blockquote>

	After his retirement, Mudholkar served as a Special Judge inquiring into allegations of corruption against several Orissan politicians, including then Chief Minister [[Rajendra Narayan Singh Deo\|R. N. Singhdeo]] and former Chief Minister [[Harekrushna Mahatab\|Hare Krushna Mahatab]]. Dr. Mahtab, represented by Siddhartha Shankar Ray, sued to quash Mudholkar's recommendations in the Orissa High Court. In ''Dr. Harekrushna Mahtab vs The Chief Minister Of Orissa and Others''<ref>http://www.indiankanoon.org/doc/541921/</ref> Chief Justice G Mishra ruled against Mahatab, stating in his order, "...The criticism that the conclusions of Sri Mudholkar were such as could not be reached by any reasonable man is unfounded. ...The State Government fully acted within jurisdiction in getting the alienations verified by Sri Mudholkar, even though earlier it had the satisfaction that there was no prima facie case."		After his retirement, Mudholkar served as a Special Judge inquiring into allegations of corruption against several Orissan politicians, including then Chief Minister [[Rajendra Narayan Singh Deo\|R. N. Singhdeo]] and former Chief Minister [[Harekrushna Mahatab\|Hare Krushna Mahatab]]. Dr. Mahtab, represented by Siddhartha Shankar Ray, sued to quash Mudholkar's recommendations in the Orissa High Court. In ''Dr. Harekrushna Mahtab vs The Chief Minister Of Orissa and Others''<ref>http://www.indiankanoon.org/doc/541921/ {{Bare URL inline\|date=April 2022}}</ref> Chief Justice G Mishra ruled against Mahatab, stating in his order, "...The criticism that the conclusions of Sri Mudholkar were such as could not be reached by any reasonable man is unfounded. ...The State Government fully acted within jurisdiction in getting the alienations verified by Sri Mudholkar, even though earlier it had the satisfaction that there was no prima facie case."

	==References==		==References==

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{{Use Indian English|date=August 2015}}
{{Use dmy dates|date=August 2015}}
{{Infobox judge
| honorific-prefix = Justice
| name = J. R. Mudholkar
| image =
| alt =
| caption =
| order =
| office = [[List of sitting judges of the Supreme Court of India|Judge, Supreme Court of India]]
| term_start = 3 October 1960
| term_end = 14 December 1964
| nominator =
| appointer = [[President of India]]
| predecessor =
| successor =
|office2 = Chairman, [[Press Council of India]]
|term_start2 = 4 July 1966
|term_end2 = 1 March 1968
| nominator2 =
| appointer2 =
| predecessor2 =
| successor2 =
| birth_date =9 May 1902
| birth_place = [[Pune]]
| death_date = 27 July 1983
| death_place = [[Bhopal]], [[Madhya Pradesh]]
| spouse =
|father = [[Raghunath Narasinha Mudholkar]]
| Website =
}}

''' Janardan Raghunath Mudholkar''' B.A., LL.B. (Cantab) Bar-at-Law (9 May 1902 - 27 July 1983<ref>{{cite book|title=The Bombay Law Reporter: Reports, Volume 85|page=xxiv|publisher=Bombay Law Reporter Office|year=1983|url=https://books.google.com/books?id=hz09AQAAIAAJ|quote=. J. R. Mudholkar, a former judge of the Supreme Court of India and originally a great judge from this High Court passed away on Monday, June 27, 1983 at Bhopal.}}</ref>), was an Indian Judge who served as Judge of [[Supreme Court of India]] from 3 October 1960 to 3 July 1966.<ref>{{cite book|url=https://books.google.com/books?id=GIAyDwAAQBAJ&pg=PT102|title=Judges of the Supreme Court of India: 1950–1989|author=George H. Gadbois, Jr|publisher=Oxford University Press|date=2 May 2011|isbn=978-0199088386|page=103}}</ref>

Mudholkar was educated at Elphinstone High School, Bombay; Elphinstone College, Bombay; Sidney Sussex College, Cambridge, Lincoln’s Inn, London. He practised at the Bar at [[Amravati]] during 1925–1929 and at Nagpur during 1930-1941. He was the son of [[Raghunath Narasinha Mudholkar|Rao Bahadur Raghunath Narasinha Mudholkar]], a distinguished lawyer and President of the Indian National Congress<ref>http://www.congresssandesh.com/AICC/history/presidents/rao_bahadur_raghunath_narasinha.htm</ref> at the 1912 session in Bankipur.

He became District & Sessions Judge during September 1941 – June 1948.<ref>{{cite web |title= Former Judges |url=http://supremecourtofindia.nic.in/judges/bio/15_jrmadholkar.htm |publisher=Supreme Court of India, New Delhi |accessdate=2 February 2012}}</ref>

He became High Court Judge at [[Nagpur High Court]] during June 1948 – October, 1956. He went to the [[Bombay High Court]] as Judge during November 1956 – September 1960 and was acting Chief Justice of the Bombay High Court during August – September 1960.
<ref>{{cite web |title= Former Judges |url= http://www.bombayhighcourt.nic.in/jshowpuisne.php?auth=amdldGlkPTEyNSZwYWdlbm89MTM= |publisher=Supreme Court of India, New Delhi |accessdate=2 February 2012}}</ref>

He was amongst the first Indian Supreme Court justices to proclaim the notion that later became known as the Basic Structure of the Indian Constitution. In his separate concurring judgment agreeing with the majority to dismiss the petition of Sajjan Singh v. State of Rajasthan,<ref>http://www.indiankanoon.org/doc/1308308/</ref> Mudholkar averred, somewhat hesitatingly, that constitution had certain "basic features"<ref>http://www.citizeneconomists.com/blogs/2012/04/26/the-genesis-of-indias-basic-structure-doctrine/</ref> that cannot be amended by Parliament through its amending powers under Article 368:

<blockquote>''Before I part with this case I wish to make it clear that what I have said in this judgment is not an expression of my final opinion but only an expression of certain doubts which have assailed me regarding a question of paramount importance to the citizens of our country: to know whether the basic features of the Constitution under which we live and to which we owe allegiance are to endure for all time -or at least for the foreseeable future - or whether the yard no more enduring than the implemental and subordinate provisions of the Constitution.''</blockquote>

After his retirement, Mudholkar served as a Special Judge inquiring into allegations of corruption against several Orissan politicians, including then Chief Minister [[Rajendra Narayan Singh Deo|R. N. Singhdeo]] and former Chief Minister [[Harekrushna Mahatab|Hare Krushna Mahatab]]. Dr. Mahtab, represented by Siddhartha Shankar Ray, sued to quash Mudholkar's recommendations in the Orissa High Court. In ''Dr. Harekrushna Mahtab vs The Chief Minister Of Orissa and Others''<ref>http://www.indiankanoon.org/doc/541921/</ref> Chief Justice G Mishra ruled against Mahatab, stating in his order, "...The criticism that the conclusions of Sri Mudholkar were such as could not be reached by any reasonable man is unfounded. ...The State Government fully acted within jurisdiction in getting the alienations verified by Sri Mudholkar, even though earlier it had the satisfaction that there was no prima facie case."

==References==
<references/>

==External links==
* [http://supremecourtofindia.nic.in/judges/bio/15_jrmadholkar.htm Brief biography at http://supremecourtofindia.nic.in/]

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{{DEFAULTSORT:Mudholkar, Janardhan R.}}
[[Category:Justices of the Supreme Court of India]]
[[Category:People from Amravati]]
[[Category:Judges of the Bombay High Court]]
[[Category:Marathi people]]
[[Category:1902 births]]
[[Category:Year of death missing]]
[[Category:Chief Justices of the Bombay High Court]]
[[Category:20th-century Indian judges]]