Fathima Beevi: Difference between revisions

{{Short description|First Female Judge of Supreme Court of India}}{{Use dmy dates|date=February 2013}}

|name         = M. Fathima Beevi  

|image       = Justice Fathima Beevi.JPG

|order1       = 11th

|office1     = Governor of Tamil Nadu

|1blankname1 = Chief Minister

|1namedata1   = [[M. Karunanidhi]]<br>[[J. Jayalalithaa]]

|term_start1 = 25 January 1997

|term_end1   = 3 July 2001

|predecessor1 = [[Krishan Kant]]<br>{{small|(Additional Charge)}}

|successor1   = [[Dr. C. Rangarajan]]<br>{{small|(Additional Charge)}}

|office2     = Member of [[National Human Rights Commission of India]]

|term_start2 = 1993

|term_end2   = 1997

|predecessor2 =  

|successor2   =  

|office3     = Judge of the [[Supreme Court of India]]

|term_start3 = 6 October 1989

|term_end3   = 29 April 1992

|predecessor3 =  

|successor3   =  

|birth_date   = {{birth date and age|1927|4|30|df=y}}

|birth_place = [[Pathanamthitta]], [[Kingdom of Travancore|Travancore]], [[British India]]<br/> (now in  [[Kerala]], [[India]])

|death_date   =  

|death_place =  

|party       =  

|otherparty   =  

|spouse       =  

|alma_mater   = [[Government Law College, Thiruvananthapuram]],<br>[[University College Thiruvananthapuram]]

|profession   =

|signature   =  

'''M. Fathima Beevi''' (born 30 April 1927) is a [[List of former justices of the Supreme Court of India|former judge of the Supreme Court of India]]. Appointed to the apex Court in 1989, she became the first female judge to be a part of the [[Supreme court of India]],<ref name="supremecourtofindia">{{cite web|url=http://supremecourtofindia.nic.in/judges/bio/mfbeevi.htm|title=M. FATHIMA BEEVI|publisher=supremecourtofindia.nic.in|access-date=2009-01-15|url-status=dead|archive-url=https://web.archive.org/web/20081205061057/http://supremecourtofindia.nic.in/judges/bio/mfbeevi.htm|archive-date=5 December 2008|df=dmy-all}}</ref><ref name="indiaepostoffice">{{cite web|url=http://www.indiaepostoffice.com/women47/index3.html|title=Welcome to Women Era....|access-date=2009-01-15}}</ref><ref>{{cite web |url=http://nrcw.nic.in/index2.asp?sublinkid=478 |title=Women in Judiciary |publisher=NRCW, Government of India |access-date=2009-01-15 |url-status=dead |archive-url=https://web.archive.org/web/20081223174826/http://nrcw.nic.in/index2.asp?sublinkid=478 |archive-date=23 December 2008 |df=dmy }}</ref><ref>{{cite web|url=http://www.womenofindia.net/FIRST_WOMEN.htm|title=FIRST WOMEN OF INDIA |publisher=womenofindia.net|access-date=2009-01-16}}</ref><ref>{{cite web|url=http://www.india-today.com/itoday/20010528/cover.shtml|title=Convict Queen|publisher=india-today.com|access-date=2009-01-16|archive-url=https://web.archive.org/web/20081203185846/http://www.india-today.com/itoday/20010528/cover.shtml|archive-date=3 December 2008|url-status=dead|df=dmy-all}}</ref><ref name="highcourtofkerala" /> and the first [[Muslim]] woman to be appointed to any of the higher judiciaries in country. On her retirement from the court, she served as a member of the [[National Human Rights Commission (India)|National Human Rights Commission]] and later as the [[Governor]] of the Indian state of [[Tamil Nadu]] from 1997 to 2001.<ref name="indiaepostoffice" /><ref>{{cite web|url=http://www.tnrajbhavan.gov.in/PastGovernors.htm|title=Raj Bhavan Chennai: Past Governors|publisher=Governor's Secretariat Raj Bhavan, Chennai - 600 022|access-date=2009-01-15}}</ref><ref>{{cite web|url=http://www.assembly.tn.gov.in/archive/list/governors1946.htm|title=Governors of Tamil Nadu since 1946|publisher=tn.gov.in|access-date=2009-01-15}}</ref>

M.Fathima Beevi was born on 30 April 1927 at [[Pathanamthitta]], [[Travancore]], now in the Indian State of [[Kerala]], as the daughter of Annaveettil Meer Sahib and Khadeeja Beevi.<ref>{{cite news|title=How a Kerala Woman Made History By Becoming India's 1st Female Supreme Court Judge|url=https://www.thebetterindia.com/127700/fathima-beevi-kerala-indias-first-female-supreme-court-judge/|access-date=6 February 2018|work=thebetterindia.com}}</ref>

She did her schooling in Town school and Catholicate High School, [[Pathanamthitta]] and got her B.Sc in Chemistry from University College, [[Thiruvananthapuram]]. She obtained her B.L. from [[Government Law College, Thiruvananthapuram]].

She later went on to become Governor of Tamil Nadu on 25 January 1997.<ref name="supremecourtofindia" /><ref>{{cite web |url=http://www.indianofficer.com/forums/india-world/748-women-governors-india.html |title=Women Governors In India |date=2007-04-16 |publisher=.indianofficer.com |access-date=2009-01-16 |url-status=dead |archive-url=https://web.archive.org/web/20080305133437/http://www.indianofficer.com/forums/india-world/748-women-governors-india.html |archive-date=5 March 2008 |df=dmy }}</ref> Appointing her as the Governor of the TN and Justice [[Sukhdev Singh Kang]], former Chief Justice of [[Jammu and Kashmir High Court]], as Governor of Kerala, the then President of India, [[Shankar Dayal Sharma]] said "Their experience of and insights into the working of the Constitution and the laws comprise valuable assets."<ref>{{cite web|url=http://www.indiaabroad.com/news/jun/03sharma.htm|archive-url=https://web.archive.org/web/20110713025520/http://www.indiaabroad.com/news/jun/03sharma.htm|url-status=dead|archive-date=2011-07-13|title=We should show the world we are capable of tackling any crisis'|publisher=Rediff on the net|access-date=2009-01-16}}</ref>

As the Governor of the state, she rejected the mercy petitions filed by the four condemned prisoners in the Rajiv Gandhi assassination case. The prisoners had sent the mercy petitions to the Governor, pleading her to exercise her power under Article 161 of the Constitution (the Governor's power to grant pardon).<ref>{{Cite web|title=tribuneindia... Nation|url=https://www.tribuneindia.com/1999/99nov03/nation.htm|access-date=2021-06-16|website=www.tribuneindia.com}}</ref>

She was embroiled in controversy when she gave a clean chit to the law and order situation in [[Tamil Nadu]] that prompted the ire of the [[Government of India|Central government]]. The Minister for Law, [[Arun Jaitley]] asked for her resignation.<ref>{{cite news|url=http://www.hindu.com/2001/07/05/stories/02050001.htm|archive-url=https://web.archive.org/web/20121103183347/http://www.hindu.com/2001/07/05/stories/02050001.htm|url-status=dead|archive-date=3 November 2012|title=Jaitley justifies Fathima Beevi's removal |date=5 July 2001|access-date=2009-01-15|work=[[The Hindu]]|location=Chennai, India}}</ref> Later she left her office as Governor of the state under controversial circumstances of her accepting of [[Jayalalithaa]]'s of assembly majority after the elections<ref>{{cite news|url=http://timesofindia.indiatimes.com/articleshow/41943699.cms|title=Jayalalitha sworn in as chief minister|date=15 May 2001<!--, 1006 hrs-->|work=The Times of India|access-date=2009-01-15}}</ref> and over the arrest of [[Karunanidhi]],<ref>{{cite web|url=http://www.tribuneindia.com/2001/20010702/nation.htm|title=Central team meets Governor|date=1 July 2001|publisher=The Tribune India|access-date=2009-01-15}}</ref> who pitched for her appointment four years ago.<ref>{{cite web|url=http://www.rediff.com/news/2001/jul/03tn1.htm|title=A quiet governor leaves a storm behind|work=Rediff.com|access-date=2009-01-15}}</ref><ref>{{cite web|url=http://www.rediff.com/news/2001/jul/04rajeev.htm|title=Mala fide in Madras|date=4 July 2001 |work=Rediff.com|access-date=2009-01-15}}</ref> Jayalalitha defended the state Governor's decision to invite her to form the government. She said "She is a former supreme court judge. She herself is a legal expert. Nobody need teach her about law or the constitution. Her decision is not justiciable."<ref>{{cite news|url=http://timesofindia.indiatimes.com/articleshow/42166967.cms|title=Jaya defends Governor's action|date=17 May 2001<!--, 1549 hrs IST-->|work=The Times of India}}</ref>

Jayalalitha's party had received the simple majority (131 seats out of total 234 seats in the Tamil Nadu Assembly) after elections in May 2001.Fathima Beevi, the then Governor of Tamil Nadu administered the oath of office to J Jayalalitha as the Chief Minister of Tamil Nadu on 14 May 2001 in spite of the fact that Jayalalitha can not contest the election and would not be able to get herself elected by the people to the assembly within six months as per the constitution. There were a few Public Interest Litigations (PIL) filed in the Supreme Court questioning the validity of her appointment as the [[Chief Minister]] of [[Tamil Nadu]].<ref>{{cite news|url=http://www.hindu.com/thehindu/2001/05/31/stories/02310003.htm|archive-url=https://web.archive.org/web/20121107183908/http://www.hindu.com/thehindu/2001/05/31/stories/02310003.htm|url-status=dead|archive-date=7 November 2012|title='Unfettered powers' of Governor to appoint CM challenged |date= 31 May 2001|access-date=2009-01-16|location=Chennai, India|first=Our|work=[[The Hindu]]|last=Legal}}</ref> Fathima Beevi justified her decision by saying that the majority party in the state assembly had elected Jayalalitha as their leader.<ref>{{cite web|url=http://www.nilacharal.com/news/rajan/rajan201.html|title=Landmark Judgment- Part 1 |access-date=2009-01-16}}</ref><ref>{{cite web|url=http://www.thehindujobs.com/thehindu/2001/09/22/stories/01220002.htm |title=Fathima Beevi defends her action |date=22 September 2001 |work=The Hindu |access-date=2009-01-16 |url-status=dead |archive-url=https://web.archive.org/web/20110522064325/http://www.thehindujobs.com/thehindu/2001/09/22/stories/01220002.htm |archive-date=22 May 2011 |df=dmy }}</ref>

Fathima Beevi submitted her resignation after the Union Cabinet decided to recommend to the President to recall the Governor for having failed to discharge her constitutional obligation. The Centre was peeved with Ms Fathima Beevi for not having furnished an independent and objective assessment of the sequence of events after the arrest of the former Chief Minister, [[Karunanidhi|M. Karunanidhi]], and the two Union Ministers, [[Murasoli Maran]] and [[T. R. Baalu]]. The Centre had accused her of toeing the official line verbatim. The then [[Andhra Pradesh]] Governor, Dr C. Rangarajan, took charge as the acting Governor of Tamil Nadu, following her resignation.<ref>{{cite web

  |publisher   = thehindubusinessline.com

Subsequently, the Supreme Court of India overturned her appointment of Jayalalithaa as Chief Minister of Tamil Nadu. Referring to the case, the Court Bench ruled that "The Governor cannot, in the exercise of his/her discretion or otherwise, do anything that is contrary to the Constitution and the laws. Therefore, the Governor, having due regard to the Constitution and the laws, must decline to exercise the discretion in appointing as Chief Minister a non-member who was not qualified to become a member of the legislature."<ref>{{cite web|url=http://www.thehindujobs.com/thehindu/2001/09/22/stories/01220001.htm |title=SC unseats Jayalalithaa as CM |date=22 September 2001 |work=The Hindu |access-date=2009-01-16 |url-status=dead |archive-url=https://web.archive.org/web/20110522064344/http://www.thehindujobs.com/thehindu/2001/09/22/stories/01220001.htm |archive-date=22 May 2011 |df=dmy }}</ref>

As the Governor of the state she had also served as the Chancellor of Madras University. It was reported by university sources that the Vice-Chancellor, P.T. Manoharan, had decided to quit his office in the wake of the Chancellor allegedly withholding her approval to the Syndicate's decision to establish a new department for contemporary Tamil literature.<ref>{{cite web|url=http://www.tribuneindia.com/1999/99mar10/spotlite.htm|title=Madras varsity VC quits|date=10 March 1999|publisher=tribuneindia|access-date=2009-01-16}}</ref> She had also served as the Chairman of Kerala Commission for Backward Classes(1993) and member of National Human Rights Commission ( 1993). She received Hon. D Litt and Mahila Shiromani Award in 1990.<ref name="Who">{{cite book|url=https://books.google.com/books?id=SK-81iI6NJQC&pg=PA517|title=The International Who's Who 2004|year=2003|publisher=Europa Publications|isbn=9781857432176|editor-last=Sleeman|editor-first=Elizabeth|edition=67|pages=517}}</ref> She was also awarded ''Bharat Jyoti'' Award.<ref>{{cite web|url=http://dlis.du.ac.in/Faculty%20Members/Shailendra%20Kumar.htm |title=Bharat Jyoti Award |publisher=Delhi University |access-date=2009-01-16 |url-status=dead |archive-url=https://web.archive.org/web/20090515101248/http://dlis.du.ac.in/Faculty%20Members/Shailendra%20Kumar.htm |archive-date=15 May 2009 }}</ref>

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