Konakuppakatil Gopinathan Balakrishnan | |
|---|---|
 Justice K. G. Balakrishnan, during an official visit to Brasília in 2008 | |
| 6th Chairperson ofNational Human Rights Commission of India | |
| In office 7 June 2010 – 11 May 2015 | |
| Appointed by | Pratibha Patil |
| Preceded by | S. Rajendra Babu |
| Succeeded by | H. L. Dattu |
| 37th Chief Justice of India | |
| In office 14 January 2007 – 11 May 2010 | |
| Appointed by | A. P. J. Abdul Kalam |
| Preceded by | Y. K. Sabharwal |
| Succeeded by | Sarosh Homi Kapadia |
| Judge ofSupreme Court of India | |
| In office 8 June 2000 – 14 January 2007 | |
| Nominated by | Adarsh Sein Anand |
| Appointed by | K. R. Narayanan |
| 29th Chief Justice ofMadras High Court | |
| In office 9 September 1999 – 5 June 2000 | |
| Nominated by | Adarsh Sein Anand |
| Appointed by | K. R. Narayanan |
| Preceded by | Ashok Chhotelal Agarwal |
| Succeeded by | Nagendra Kumar Jain |
| 16th Chief Justice ofGujarat High Court | |
| In office 16 July 1998 – 8 September 1999 | |
| Nominated by | M. M. Punchhi |
| Appointed by | K. R. Narayanan |
| Preceded by | Kumar Sreedharan |
| Succeeded by | D. M. Dharmadhikari |
| Judge ofGujarat High Court | |
| In office 24 November 1997 – 15 July 1998 | |
| Nominated by | J. S. Verma |
| Appointed by | K. R. Narayanan |
| Judge ofKerala High Court | |
| In office 26 June 1985 – 23 November 1997 | |
| Nominated by | P. N. Bhagwati |
| Appointed by | Zail Singh |
| Personal details | |
| Born | (1945-05-12)12 May 1945 (age 80) |
| Spouse | Nirmala Balakrishnan |
| Alma mater | Government Law College, Ernakulam |
Konakuppakatil Gopinathan Balakrishnan (born 12 May 1945) is an Indian judge who served as theChief Justice of the Supreme Court of India from 2007 to 2010, and later as chairperson of theNational Human Rights Commission of India. He was the first judge fromKerala and the firstDalit to become the Chief Justice of theSupreme Court. He remained the only Dalit to have held the position until the elevation ofBhushan Ramkrishna Gavai as Chief Justice in 2025.[1][2] His tenure lasting more than three years has been one of the longest in the Supreme Court. While beingChief Justice of Gujarat High Court, he was appointed theacting governor of Gujarat from 16 January 1999 to 18 March 1999. In 2010, he was conferred with anhonorary doctorate byCochin University of Science and Technology.[3]
Justice K. G. Balakrishnan was born atKaduthuruthy, nearVaikom,Kingdom of Travancore, as the second son of Konakuppakkattil Gopinathan and Sarada.[4][5] According to Balakrishnan, "Though my father was only a matriculate and my mother had her schooling only up to the seventh standard, they wanted to give their children the best education."[6] His father was a clerk in the Vaikom munsiff court and was a classmate ofK. R. Narayanan who hailed from Uzhavoor, a village nearVaikom.[7]
After completing his primary education in Thalayolaparambu, he finished school at the Government High School,Vaikom for which he had to walk 5 km every day. Subsequently, he joined theMaharaja's College, Ernakulam, where he studied for his B.Sc. He took hisBachelor of Laws (LL.B.) degree from theGovernment Law College, Ernakulam, and enrolled as anadvocate in the Kerala Bar Council in 1968, beginning practice at the Munsiff's court, Vaikom. He then completed his LL.M. in 1971.
As an advocate he pleaded both criminal and civil cases in the Ernakulam court. He was later appointed aMunsiff in the Kerala Judicial Services in 1973. He later resigned from the services and resumed practice as an advocate in theKerala High Court. In 1985, he was appointed a judge of the Kerala High Court, and was transferred to theGujarat High Court in 1997. He became the Chief Justice of Gujarat High Court in 1998, and in 1999, he assumed charge as the Chief Justice of the High Court of Judicature at Madras. While being Chief Justice of Gujarat High Court, he was appointed theActing Governor of Gujarat from 16 January 1999 to 18 March 1999. He also served as Patron in Chief and Executive Chairman ofNational Legal Service Authority.
He was also served as the Member of the General Council of theGujarat National Law University.[8]
On 8 June 2000, he was appointed a judge of theSupreme Court. He was sworn in as theChief Justice of India on 14 January 2007, by then PresidentA. P. J. Abdul Kalam.[9] He became the firstDalit judge to be appointed Chief Justice, and would remain the only Dalit to have held the position until the elevation ofBhushan Ramkrishna Gavai to the position of Chief Justice in May 2025.[1] He retired on 12 May 2010, and has served as the Chairman of theNational Human Rights Commission since 7 June 2010.[10]
Over the course of his Supreme Court tenure, Balakrishnan authored 219 judgments and sat on 787 benches.[11]
By virtue of being Chief Justice of India, he also administered oath of office to12th President of IndiaPratibha Patil.
Balakrishnan has tried to exempt the Office of the Chief Justice of India from the purview of theRight to Information Act.[12] He ordered the Supreme Court registry to file an appeal before the Supreme Court against theDelhi High Court judgement making the office of the CJI amenable to the RTI act.[13] He has also spoken about the need for amending the RTI act in the interests of the right to privacy.[14]
Justice K. G. Balakrishnan has said "due regard" must be given to the "personal autonomy" of rape victims to decide on whether they should marry the perpetrator or choose to give birth to a child conceived through forced crime.[15] Lawyers and women's rights activists have expressed some reservations.[16]
Justice KG Balakrishnan has stated that pornography sites and hate speeches should be banned from the internet.[17] He also passed a judgment stating that journaling on the web any thing hateful even against a political party is liable for censorship.[18]
On a visit toKasaragode as NHRC Chairman initiatingsuo motu complaint, Balakrishnan felt there had been violations of human rights against the populace by the harmful spraying of the pesticideEndosulfan, and recommended the founding of a super-speciality hospital for the relief of the victims.[19]
In aKerala High Court judgement he asked the election commission to debar the political parties which imposehartals on the public causing them suffering.[20]
Making distribution of lunch compulsory in schools.[citation needed]
He was a part of the three-member Supreme Court bench that decided apublic interest litigation (PIL) filed by twoNational Democratic Alliance leaders seeking the cancellation of bail ofRashtriya Janata Dal chiefLalu Prasad and his wife and formerBihar Chief MinisterRabri Devi for their interference in the judicial process in thedisproportionate assets (DA) and Income Tax cases against them. The verdict (2-1) went in favour of Prasad. Justice Balakrishnan and Justice Lakshmanan said according to Article 233 of theConstitution of India the Governor has power to appoint a judge in the subordinate judiciary in consultation with the High Court Administration and held that it was the prerogative of the government to appoint any lawyer as public prosecutor. However, JusticeS H Kapadia gave a dissenting judgement saying the income tax department should have filed an appeal against the Income Tax Appellate Tribunal (ITAT) order. On the issue of promotion of judge Munni Lal Paswan, he said, while competence and suitability of two other judges, who were promoted to the post of Special Judge along with Paswan, were determined on the basis of annual confidential report (ACRs) and inspecting the judges' reports, the criteria were not applied while promoting Paswan who had been found to be slow in disposing cases.[21][22]
In 2010, he passed a judgement prohibitingnarcoanalysis in interrogations.[23]
JusticeH. L. Gokhale of the Supreme Court has accused Balakrishnan of misrepresenting facts to conceal sacked telecom ministerA. Raja's attempt to influence Justice R. Reghupathy of theMadras High Court, on behalf of two murder accused known to theDMK leader.[24] A petition-seeking vigilance probe into the allegations of "amassment of wealth disproportionate to their sources of income" by Balakrishnan's family members, was filed before the Income Tax Vigilance and Anti-Corruption Bureau.[25] In February 2012, the Supreme Court of India in a case filed by the NGOCommon Cause, inquired of the government as to the progress in the probe against Justice Balakrishnan.[26]
Justice K. G. Balakrishnan is married to Nirmala and they have a son and two daughters - Pradeep, Sony and Rani. He has 5 brothers and 2 sisters. His younger brother K. G. Bhaskaran was government pleader inKerala High Court and another brother K. G. Raju was conferredIAS byKerala Government and served as District Collector forWayanad,Kerala.[27]
| Legal offices | ||
|---|---|---|
| Preceded by | Chief Justice of India 14 January 2007 – 12 May 2010 | Succeeded by |
| Government offices | ||
| Preceded by | Governor of Gujarat (Acting) Jan 1999 – March 1999 | Succeeded by |