->Cewbot: Fix broken anchor: 2011-08-07 (VERY DIFFERENT 12≥10) #Mohammedan law→Law of India#Muslim law

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Fix broken anchor: 2011-08-07 (VERY DIFFERENT 12≥10) #Mohammedan law→Law of India#Muslim law

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{{short description|6th Vice President of India and 11th Chief Justice of India}}
{{Use Indian English|date=August 2015}}
{{Use dmy dates|date=September 2019}}
{{Infobox officeholder
|name = Mohammad Hidayatullah
|honorific-suffix = [[Order of the British Empire|OBE]]
|image = Hidayatullah.png
|image_size =
|order = 6th
|office = Vice President of India
|president = [[Neelam Sanjiva Reddy]] [[Zail Singh]]
|term_start = 31 August 1979
|term_end = 30 August 1984
|predecessor = [[B. D. Jatti]]
|successor = [[R. Venkataraman|Ramaswamy Venkataraman]]
|office1 = Acting [[President of India]]
|primeminister1 = [[Indira Gandhi]]
|term_start1 = 20 July 1969
|term_end1 = 24 August 1969
|predecessor1 = [[V. V. Giri|Varahagiri Venkata Giri]] (acting)
|successor1 = Varahagiri Venkata Giri
|primeminister2 = [[Indira Gandhi]]
|term_start2 = 6 October 1982
|term_end2 = 31 October 1982
|predecessor2 = [[Zail Singh]]
|successor2 = Zail Singh
|primeminister3 = [[Indira Gandhi]]
|term_start3 = 25 July 1983
|term_end3 = 25 July 1983
|predecessor3 = [[Zail Singh]]
|successor3 = Zail Singh
|primeminister4 = [[Indira Gandhi]]
|term_start4 = 25 July 1984
|term_end4 = 25 July 1984
|predecessor4 = [[Zail Singh]]
|successor4 = Zail Singh
| order5 = 11th
| office5 = Chief Justice of India
|term_start5 = 25 February 1968
|term_end5 = 16 December 1970
|appointer5 = [[President of India|President]] [[Zakir Husain (politician)|Zakir Hussain]]
|predecessor5 = [[Kailas Nath Wanchoo]]
|successor5 = [[Jayantilal Chhotalal Shah]]
|birth_date = {{birth date|1905|12|17|df=y}}
|birth_place = [[Lucknow]], [[United Provinces of Agra and Oudh]], [[British Raj|British India]] (present-day [[Uttar Pradesh]], [[India]])
|death_date = {{death date and age|1992|9|18|1905|12|17|df=y}}
|death_place = [[Bombay]], [[Maharashtra]], [[India]] (present-day [[Mumbai]])
|party = [[Independent (politician)|Independent]]
|spouse = Pushpa Shah
|alma_mater = [[Vasantrao Naik Government Institute of Arts and Social Sciences|Nagpur University]] [[Trinity College, Cambridge]] [[Lincoln's Inn]]
|occupation = {{flatlist|
* Lawyer
* politician
* academician}}
}}
'''Mohammad Hidayatullah''' [[Order of the British Empire|OBE]] {{audio|Mhmht.ogg|pronunciation}} (17 December 1905 – 18 September 1992) was the 11th [[Chief Justice of India]] serving from 25 February 1968 to 16 December 1970, and the sixth [[vice president of India]], serving from 31 August 1979 to 30 August 1984. He had also served as the acting [[president of India]] from 20 July 1969 to 24 August 1969 and from 6 October 1982 to 31 October 1982.and from 25 July 1983 to 25 July 1983.and from 25 July 1984 to 25 July 1984. <ref name=VP-list>{{cite web|title=Former Vice Presidents of India|url=http://vicepresidentofindia.nic.in/former.asp|publisher=Secretariat of Vice President of India|access-date=3 September 2014|url-status=dead|archive-url=https://web.archive.org/web/20141017115825/http://vicepresidentofindia.nic.in/former.asp|archive-date=17 October 2014}}</ref> He is regarded as an eminent jurist, scholar, educationist, author and linguist.<ref name="full court-desai">{{cite journal|last1=Desai|first1=P. D., Justice|title=Full Court Reference in Memory of The Late Justice Mohammad Hidayatullah|journal=(1992) 4 SCC (Jour) 10|url=http://www.supremecourtcases.com/index2.php?option=com_content&itemid=99999999&do_pdf=1&id=543 |access-date=3 September 2014}}</ref><ref name=Chagla>{{cite web|title=Speech by Shri I. M. Chagla|url=http://bombayhighcourt.nic.in/libweb/references/pdf/Justice%20Hidayatullah.pdf|archive-url=https://web.archive.org/web/19920928010101/http://bombayhighcourt.nic.in/libweb/references/pdf/Justice%20Hidayatullah.pdf|publisher=Bombay High Court|access-date=3 September 2014|archive-date=28 September 1992|url-status=dead|page=7}}</ref>

==Early life and education==

Hidayatullah was born in 1905 in the well-known family of Khan Bahadur Hafiz Mohammed Wilayatullah.
His grand father Munshi Kudartullah was advocate in [[Varanasi]].<ref name="official">{{cite web|url=http://www.supremecourtofindia.nic.in/judges/bio/mhidayatullah.htm|title=M. Hidayatullah|publisher=www.supremecourtofindia.nic.in|access-date=8 June 2008|url-status=dead|archive-url=https://web.archive.org/web/20140106034450/http://www.supremecourtofindia.nic.in/judges/bio/mhidayatullah.htm|archive-date=6 January 2014}}</ref><ref name = "EBC">{{cite web
|url=http://www.ebc-india.com/lawyer/articles/92v4a2.htm |title= EBC article on J. Hidayatullah |publisher=www.ebc-india.com |access-date=8 June 2008 }}</ref> His father was a poet of all-India repute who wrote poems in Urdu and probably it must have been from him that Justice Hidayatullah got his love for language and literature. Wilayatullah was Gold medallist of [[Aligarh Muslim University]] in 1897 besting famous mathematician Sir [[Ziauddin Ahmad]], a favourite of [[Sir Syed Ahmed Khan]]. He served till 1928 in ICS and from 1929 to 1933 as member of Central Legislative Assembly. Hidaytullah's elder brothers [[Mohammed Ikramullah]] (ICS, later [[Foreign Secretary (Pakistan)|Foreign Secretary, Pakistan]]) and Ahmedullah (ICS, retired as Chairman, Tariff Board) were scholars as well as sportsmen. He on the other hand excelled in Urdu poetry.<ref>[http://www.ebc-india.com/lawyer/articles/92v4a1.htm Full Court Reference in Memory of The Late Justice M. Hidayatullah], by M.H. Kania, Chief Justice of India: (1992) 4 SCC (Jour) 1</ref><ref name=VP-profile>{{cite web|title=Hidayatullah, Shri M.|url=http://vicepresidentofindia.nic.in/hiday.asp|publisher=Secretariat of Vice President of India|access-date=3 September 2014|archive-url=https://web.archive.org/web/20140728063226/http://vicepresidentofindia.nic.in/hiday.asp|archive-date=28 July 2014}}</ref>

After completing primary education at the Government High School of [[Raipur]] in 1922, Hidayatullah attended [[Morris College, Nagpur|Morris College]] in [[Nagpur]], where he was nominated as the ''Phillip's Scholar'' in 1926. When he graduated in 1926, he was awarded the Malak Gold Medal. Following the trend of Indians studying British law abroad, Hidayatullah attended [[Trinity College, Cambridge|Trinity College]] at the [[University of Cambridge]] from 1927 to 1930 and obtained B.A. and M.A. Degrees from there. Here he secured the 2nd order of merit and was awarded a gold medal for his performance in 1930. He was called to the Bar from [[Lincoln's Inn]] when he was just 25 years old. He was awarded LL.D. (Honoris Causa) from [[University of the Philippines]] and D. Litt. (Honoris Causa) from [[Barkatullah University|University of Bhopal]] (now Barkatullah University) and [[Kakatiya University|University of Kakatiya]]. While at Cambridge, Hidayatullah was elected and served as the President of the Indian Majlis in 1929. Also while here, he pursued English and Law Tripos from the renowned [[Lincoln's Inn]]. In addition he secured a place of Barrister-at-Law in 1930.<ref name="full court-desai" /><ref name=SC-profile>{{cite web|title=Mohammad Hidayatullah|url=http://www.supremecourtofindia.nic.in/judges/bio/mhidayatullah.htm|publisher=Supreme Court of India|access-date=3 September 2014|archive-url=https://web.archive.org/web/20140106034450/http://www.supremecourtofindia.nic.in/judges/bio/mhidayatullah.htm|archive-date=6 January 2014}}</ref>

==Career==

After graduation, Hidayatullah returned to India and enrolled as an advocate of the High Court of Central Provinces and Berar at [[Nagpur]] on 19 July 1930. He also taught Jurisprudence and Mahomedan Law in the University College of Law at Nagpur
and was also the Extension Lecturer in English literature. On 12 December 1942, he was appointed Government Pleader in the High Court at Nagpur. On 2 August 1943, he became the Advocate General of Central Provinces and Berar (now [[Madhya Pradesh]]) and continued to hold the said post till he was appointed as an Additional Judge of that High Court in 1946. He had the distinction of being the youngest [[Advocate General]] of an [[Indian state]], [[Madhya Pradesh]]<ref name="full court-desai" /><ref name=hnlu.ac.in>{{cite web|title=Justice M. Hidayatullah|url=http://hnlu.ac.in/HNLU_New/home2/index.php/misc/justice-m-hidayatullah|website=hnlu.ac.in|publisher=Hidayatullah National Law University|access-date=3 September 2014|archive-url=https://web.archive.org/web/20140605055608/http://hnlu.ac.in/HNLU_New/home2/index.php/misc/justice-m-hidayatullah|archive-date=5 June 2014}}</ref>

On 24 June 1946, Hidayatullah was appointed as Additional Judge of that High Court of Central Provinces and Berar and on 13 September 1946 he was appointed as permanent judge of said High Court where he served until being elevated to Chief Justice of the Nagpur High Court in 1954 on 3 December 1954, being the youngest [[Chief Justice]] of a High Court. In November 1956, he was then appointed as the Chief Justice of Madhya Pradesh High Court.<ref name=hnlu.ac.in /> On 1 December 1958, he was elevated as a justice to the [[Supreme Court of India]]. In his time he was the youngest judge of the [[Supreme Court of India]]. After serving as a judge for nearly 10 years, he was appointed as the [[Chief Justice of India]] on 28 February 1968 – becoming the first Muslim Chief Justice of India.

He retired from this position on 16 December 1970.<ref name="official"/><ref name="EBC"/><ref name="hnlu.ac.in" />

===Presidency===
During his term as the [[Chief Justice of India]], the then-President of India, [[Zakir Husain (politician)|Zakir Husain]] died suddenly, in harness, on 3 May 1969. Then [[Vice President of India]] Mr. [[V. V. Giri]] became the acting [[President of India|President]]. Later, Giri resigned from both offices as acting president and Vice-President to become a candidate in the [[1969 Indian presidential election|1969 Presidential Election]]. Hidayatullah then served as the [[President of India]] for a short period from 20 July to 24 August. The visit of [[President of the United States]] [[Richard Nixon]] to India made his presidential term historic.

After his retirement, Hidayatullah was elected as the Vice-President of India by a consensus among different parties and occupied that high office with distinction from 1979 to August 1984. During his tenure as the Vice-President, he won the respect of all concerned for his impartiality and independence.

In 1982, when the then President Zail Singh went to the U.S. for medical treatment, Vice-President Hidayatullah officiated as president from 6 October 1982 to 31 October 1982. Thus, he officiated as acting president twice.

Having served at all of these positions made Hidayatullah unique among other members of Indian history. He became the only person to have served in all three offices of [[Chief Justice of India]], [[President of India]], and the [[Vice President of India]].<ref name = "official"/><ref name = "EBC"/>

During his long tenure in the Supreme Court he was a party to a number of landmark judgments including the judgment in ''[[Golaknath v. State of Punjab]]'' which took the view that the Parliament had no power to cut down the Fundamental Rights by constitutional amendment. His judgment in the case of ''Ranjit D. Udeshi''<ref>{{cite web |title=Ranjit D. Udeshi vs State Of Maharashtra on 19 August, 1964 Equivalent 1965 AIR 881, 1965 SCR (1) 65 |url=https://indiankanoon.org/doc/1623275/ |access-date=10 November 2021}}</ref> dealing with the law of obscenity, displayed a flair for literature and is particularly of note.

===Career in Nagpur===
Before being elevated as a judge to High Court, Hidayatullah was involved in local and state affairs. The following are some of the committee positions he held:

* Member of the Nagpur Municipal Committee (1931–1933)
* Member of the Nagpur University's Executive and Academic Councils (1934–1953)
* Member of the Nagpur Improvement Trust (1943–1945)
* Member of the Nagpur Bar Council (1943–1946)
* Chief Commissioner of the Madhya Pradesh [[Bharat Scouts and Guides]] (1950–1953)

Many of these positions, as well as those of High Court Justice were held prior to Indian Independence, they were all considered service to Great Britain, thus Hidayatullah was conferred the honour as an [[Officer of the Order of the British Empire]] by [[King George VI]] in the [[1946 Birthday Honours|1946 King's Birthday Honours]].<ref name=VP-profile />

===Teaching and other associations===
[[File:Justice Hidayatullah Moot Court Hall, National Law School of India University, Bangalore, India - 20130523.JPG|thumb|The entrance to the Justice Hidayatullah Moot Court Hall, named after Mohammad Hidayatullah, in the [[National Law School of India University]] in [[Bangalore]]]]

Having received an education at one of the premier legal institutions of the time, Hidayatullah was able to segue into an academic career not long after returning to India. In 1935, he took a teaching post at University College of Law, where he taught until 1943. Later he served as Dean of the Faculty of Law at [[Nagpur University]] from 1949 to 1953. In addition, he served as Faculty of Law at various other institutions throughout the 1950s: [[Sagar University]], Court Vikram University, and the [[Aligarh Muslim University]]. He was Pro-Chancellor of the Delhi University from 1968 to 1970, Chancellor of the Jamia Millia Islamia from 1969 to 1985, Chancellor of the Delhi and Punjab Universities between 1979 and 1984 and Chancellor of the Hyderabad University from 1986 to 1990. He was the President of the Indian Law Institute from 1963 to 1970, President of the International Law Association (Indian Branch) from 1968 to 1970 and of the Indian Society of International Law in 1969–70.<ref name="full court-desai" />

He was, at one time, a Member of the Executive Council of the World Assembly of Judges and of the Managing Committee of the British Institute of International and Comparative Law. He was a Member of the International Council of Former Scouts and Guides, Brussels, and Chief Scout of the Boy Scouts Association of India. Post-retirement, Hidayatullah renewed his interest in Boy Scouts and served as Chief Scout of the [[All India Boy Scouts Association]] from 1982 to 1992. He held the posts of the President of Bombay Natural History Society and of the Patron of Schizophrenic Research Foundation of India and Commonwealth Society of India. He was also a Member of the World Association for Orphans and Abandoned Children and a Settlor of the Jawaharlal Nehru Cambridge University Trust. He also represented India in International Conferences held in different countries and cities, such as,
Washington, London, Geneva, Sydney, the Hague, Tokyo, Stockholm, Belgrade, Cairo and Bangkok.<ref name="full court-desai" />

===Scholar and linguist===
Hidayatullah was a scholar in Hindi, English, Urdu, Persian and French. He had working knowledge of some other Indian languages including Sanskrit and Bengali.<ref name="bom-govt plea">{{cite web|title=SPEECH BY MR. S. G. PAGE, GOVERNMENT PLEADER, HIGH COURT, BOMBAY|url=http://bombayhighcourt.nic.in/libweb/references/pdf/Justice%20Hidayatullah.pdf|publisher=Bombay High Court|access-date=3 September 2014|date=28 September 1992}}</ref>

==Institutions==

Hidayatullah was the president of [[Indian Law Institute]], [[International Law Association]] (Indian Branch), [[Indian Society of International Law]] from 1968 to 1970. He also presided the [[Indian Red Cross Society]] in 1982. He was closely associated with Hunger Project of USA, World Association of Orphans and Abandoned Children (Geneva), and Independent Commission on International Humanitarian Issues (1982–84).

The [[Hidayatullah National Law University]] at [[Naya Raipur]] is named after him.

==Books==

* ''Democracy in India and the Judicial Process'', 1966 by Asia Publishing House (1967).<ref>http://www.getcited.org/mbrx/PT/2/MBR/10156330 {{Webarchive|url=https://web.archive.org/web/20120318031124/http://www.getcited.org/mbrx/PT/2/MBR/10156330 |date=18 March 2012 }} Books by M. Hidayatullah: getCITED</ref>
* ''The South-West Africa Case'', Published 1967 by Asia Publishing House (1966).
* ''Judicial Methods'' Published for the Institute of Constitutional and Parliamentary Studies by National Publishing House (1970).
* ''A Judge's Miscellany'', N. M. Tripathi (1972).
* ''USA and India'': All India Reporter (1977).
* ''A Judge's Miscellany (Second Series)'' N. M. Tripathi(1972).
* ''The Fifth and Sixth Schedules to the [[Constitution of India]]'', Ashok Pub. House
* ''My own Boswell'' (Autobiography) Arnold-Heinemann (1980).
* ''[[Editor]], Mulla's [[Law of India#Muslim law|Mohammedan Law]]''
* ''Constitutional law of India'': [[Bar Council of India|Bar Council of India Trust]] (1984).
* ''Right to property and the Indian Constitution'': [[Calcutta University]] (1984).
* ''Justice Hidayatullah on commercial laws'': Deep & Deep (1982).

==Awards and honours==

* Officer of the Order of the British Empire (OBE), 1946 King's Birthday Honours<ref>{{Cite web|url=http://www.london-gazette.co.uk/issues/37598/supplements/2790|title=The London Gazette, 13 June 1946|access-date=13 January 2020}}</ref>
* Order of the Yugoslav Flag with Sash, 1970,
* Medallion and Plaque of Merit Philconsa, Manila, 1970 and
* Knight of Mark Twain, 1971;
* Honoured with "Proud Past Alumni" in the list of 42 members, from "Allahabad University Alumni Association", NCR, Ghaziabad (Greater Noida) Chapter 2007-2008 registered under society act 1860 with registration no. 407/2000.<ref>[http://auaa.in/?page_id=31 "He is Proud Past Alumni Allahabad University"] {{webarchive|url=https://archive.today/20120707073335/http://auaa.in/?page_id=31 |date=7 July 2012 }}. Allahabad university Alumni Association web page say</ref><ref>{{Cite web|url=https://reviewbest.in/|archive-url=https://archive.today/20080115090226/http://www.auaa.in/proudpast.html|url-status=dead|title=Best Reviews and Top Ten Products to Buy in 2019|date=10 November 2018|website=Review Best|access-date=13 January 2020|archive-date=15 January 2008}}</ref><ref>{{Cite web|url=https://reviewbest.in/|archive-url=https://archive.today/20120707073335/http://auaa.in/?page_id=31|url-status=dead|title=Best Reviews and Top Ten Products to Buy in 2019|date=10 November 2018|website=Review Best|access-date=13 January 2020|archive-date=7 July 2012}}</ref>
* Honorary Bencher of Lincoln's Inn, 1968;* President of Honour, Inns of Courts Society, India.
* War Service Badge, 1948;
* Key of the City of Manila, 1971;
* Shiromani Award, 1986;
* Architects of India Award, 1987;
* Dashrathmal Singhvi Memorial Award of the Banaras HinduUniversity.<ref name="full court-desai" />

Between 1970 and 1987, as many as 12 Indian Universities and the University of Philippines conferred upon him the honorary degree of Doctorate of Law or Literature.<ref name="full court-desai" />

==Legacy==

[[File:Academic block, Hidayatullah National Law University.jpg|thumb|right|alt=HNLU BUILDING|[[Hidayatullah National Law University]]]] In his honor, the [[Hidayatullah National Law University]] was established in 2003, in his home town of [[Raipur]], in the state of [[Chhattisgarh]].<ref name="hnlu.ac.in"/> University also organises Justice Hidayatullah Memorial National Moot Court Competition (HNMCC) in his memory.<ref>{{cite web|title=Justice Hidayatullah Memorial National Moot Court Competition (HNMCC)|url=http://www.lexcetera.com/HNMCC_Brochure.pdf|publisher=Lexcetera|access-date=3 September 2014|archive-url=https://web.archive.org/web/20140903190810/http://www.lexcetera.com/HNMCC%20Brochure.pdf|archive-date=3 September 2014}}</ref>

==Personal life==
In 1948, Hidayatullah married Pushpa Shah. Their son Arshad Hidayatullah is a [[Senior Counsel]] at the [[Supreme Court of India]].<ref name=Chagla />

==See also==

* [[Chief Justice of India]]
* [[President of India]]
* [[Hidayatullah National Law University]]

==References==
{{Reflist}}

== External links ==
{{Wikiquote}}
* [http://www.mapsofindia.com/who-is-who/government-politics/muhammad-hidayatullah.html J. Hidayatullah's ]

{{s-start}}
{{s-legal}}
{{s-bef|before=[[Kailas Nath Wanchoo]]}}
{{s-ttl|title=[[Chief Justice of India]]|years=1968–1970}}
{{s-aft|after=[[Jayantilal Chhotalal Shah]]}}
{{s-off}}
{{s-bef|before=[[V. V. Giri|Varahagiri Venkata Giri]] Acting}}
{{s-ttl|title=[[President of India]] Acting|years=1969}}
{{s-aft|after=[[V. V. Giri|Varahagiri Venkata Giri]]}}
|-
{{s-bef|before=[[B. D. Jatti|Basappa Danappa Jatti]]}}
{{s-ttl|title=[[Vice President of India]]|years=1979–1984}}
{{s-aft|after={{nowrap|[[R. Venkataraman|Ramaswamy Venkataraman]]}}}}
{{s-end}}

{{Presidents of India}}
{{IndianVicePresidents}}
{{Chief Justices of India}}

{{Authority control}}

{{DEFAULTSORT:Hidayatullah, Mohammad}}
[[Category:1905 births]]
[[Category:1992 deaths]]
[[Category:Alumni of Trinity College, Cambridge]]
[[Category:Chief Justices of India]]
[[Category:Chief Justices of the Madhya Pradesh High Court]]
[[Category:20th-century Indian judges]]
[[Category:Indian barristers]]
[[Category:Indian Muslims]]
[[Category:Officers of the Order of the British Empire]]
[[Category:Scholars from Lucknow]]
[[Category:Acting presidents of India]]
[[Category:Presidents of India]]
[[Category:Scouting and Guiding in India]]
[[Category:Vice presidents of India]]
[[Category:Advocates General for Indian states]]
[[Category:20th-century Indian lawyers]]
[[Category:Politicians from Lucknow]]

Mohammad Hidayatullah - Revision history

CarmineJansen: fix citations as per guidelines and corrected details

->Cewbot: Fix broken anchor: 2011-08-07 (VERY DIFFERENT 12≥10) #Mohammedan law→Law of India#Muslim law