Jayantilal Chhotalal Shah

{{short description|12th Chief Justice of India}}

{{Use dmy dates|date=January 2019}}

{{Use Indian English|date=January 2019}}

{{Infobox officeholder

| name = Jayantilal Shah

| image = Justice J.C. Shah.jpg

| alt =

| caption =

| order = 12th

| office = Chief Justice of India

| term_start = 17 December 1970

| term_end = 21 January 1971

| nominator =

| appointer = V. V. Giri

| predecessor = Mohammad Hidayatullah

| successor = Sarv Mittra Sikri

| office1 = Chief Justice of Bombay High Court

| predecessor1= Prakash Chandra Tatia
D. N. Patel (acting)

| birth_date = {{Birth date|1906|1|22|df=yes}}

| birth_place = Ahmedabad, British India

| death_date = {{death date and age|1991|1|04|1906|1|22|df=yes}}

| death_place = Bombay, Maharashtra, India

}}

Jayantilal Chhotalal Shah (22 January 1906 – 4 January 1991) was the twelfth Chief Justice of India from 17 December 1970 until his retirement on 21 January 1971. He was born in Ahmedabad.{{cite web|last1=Sethi|first1=Sunil|title=High priest of justice|url=http://indiatoday.intoday.in/story/justice-j.c.-shah-a-patrician-and-a-strict-disciplinarian/1/436092.html|website=India Today|date=22 April 2015 |accessdate=11 March 2016}}

Indian Emergency (1975–77) and Shah Commission

{{main|Shah Commission}}

On 28 May 1977, the home ministry appointed Justice J. C. Shah, who was then a retired Chief Justice of the Supreme Court of India to head the Shah Commission. It was set up by the central government under the Commissions of Inquiry Act, 1952 to probe excesses committed during the Emergency in India.{{cite web|last1=Sen|first1=Vikramajil|last2=Singh|first2=Ajay|title=The law: What after Shah Commission?|url=http://indiatoday.intoday.in/story/the-law-what-after-shah-commission/1/436096.html|website=India Today|date=23 April 2015 |accessdate=11 March 2016}} The Shah commission was required to look "into excesses, malpractices and misdeeds committed during the Emergency by the political authorities, public servants, their friends, and in particular allegations of gross misuse of power of arrest or detention, use of force in the implementation of the family planning programme and indiscriminate and high-handed demolition of houses, shops, buildings etc. in the name of slum clearance."

The commission concluded that during the Emergency the provisions of the Maintenance of Internal Security Act and the Defence of India Rules were not followed but were abused in order to damage political opponents.{{sfn|Sen|2002|p=141}} Concerning the circumstances in which the emergency was proclaimed, the commission found that there was no economic crisis and no crisis of law and order.{{sfn|Sen|2002|p=140-141}} The commission decided that the decision to impose Emergency was made by prime minister Indira Gandhi alone, without consulting her cabinet colleagues, and was not justified.{{sfn|Sen|2002|p=141}} The report was particularly scathing of Indira Gandhi, her son Sanjay Gandhi, Pranab Mukherjee, Bansi Lal, Kamal Nath and officers belonging to civil services who helped Sanjay Gandhi.{{sfn|Kumar|Agrawal|1993|p=193ff}} The commission concluded that during the Emergency the provisions of the Maintenance of Internal Security Act and the Defence of India Rules were not followed but were abused in order to damage political opponents.{{sfn|Sen|2002|p=141}}

References

{{Reflist}}

=Works cited=

  • {{cite book |last1=Kumar |first1=Virendra |last2=Agrawal |first2=S. P. |url=https://books.google.com/books?id=4gb2Ry4JLGYC&pg=PA193 |title=1977. Volume 15, Part 1 of Committees and commissions in India |publisher=Concept Publishing Company |year=1993 |isbn=978-8170224846}}
  • {{cite book |last=Sen |first=Sankar |author1-link=Sankar Sen (police officer) |url=https://books.google.com/books?id=cCo4OlbeDY8C&pg=PA135 |title=Tryst with law enforcement and human rights: four decades in Indian police |publisher=APH Publishing |year=2002 |isbn=978-81-7648-340-7}}