Chief Justice of India (CJI) BR Gavai recently admitted that the important legal principle—“bail is the rule, jail is the exception”—has been somewhat forgotten in recent times. Speaking at the 11th Justice VR Krishna Iyer Memorial Lecture held at the Kerala High Court, he emphasised that the legacy of Justice Krishna Iyer continues to guide the judiciary even today.
“Justice Iyer is known for breaking new ground in the Indian judiciary, emphasising a principle once considered taboo – bail is the rule and jail is the exception,” CJI Gavai said.
Read also: Why did the Supreme Court Suspend Kiran Kumar's Sentence in Vismaya Dowry Death Case?
CJI Gavai said he had the opportunity to re-establish this principle in the cases of Prem Prakash, Manish Sisodia and Kavita vs Enforcement Directorate. He said Justice Iyer strongly opposed stringent bail conditions and believed that undertrials should not be kept in custody for long periods.
The Supreme Court has reiterated this concern in recent judgments delivered under stringent laws such as the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA). In the Sisodia bail case, the apex court criticised lower courts for routinely denying bail on grounds of caution.
"Trial courts and high courts have forgotten that bail is the rule and jail is the exception," the court remarked.
CJI Gavai also mentioned Justice Iyer's role in broadening constitutional interpretations and standing up for human rights. He recalled Justice Iyer's opposition to the death penalty and cited his judgments in Ediga Annamma vs State of Andhra Pradesh and Rajendra Prasad vs State of UP as strong indicators of judicial compassion.
"Justice Iyer regarded the death penalty as barbaric and uncivilised," the CJI said, highlighting his consistent advocacy for its abolition.
Justice Iyer also played a key role in redefining Article 16(4) relating to reservation. He interpreted it not as an exception but as a constitutional guarantee for equal opportunity.
"He emphasised that Article 16(4) is not just an exception but an important part of the constitutional guarantee of equality," CJI Gavai said.
Read also: Appeal to Dismiss "Kahaani 2" Script Case in SC, Notice Issued on Sujoy Ghosh's Plea
Speaking on the Directive Principles of State Policy (DPSP) and Fundamental Rights, CJI Gavai said Justice Iyer viewed them as “symbiotic, not antagonistic”. He believed both were two sides of the same constitutional coin, striving for social transformation.
Justice Iyer’s contribution in expanding the scope of Article 21 was also acknowledged. His progressive approach included rights to dignity, health, clean water and shelter under personal liberty.
CJI Gavai underlined Justice Iyer’s historic concern for prison reforms, citing Sunil Batra v Delhi Administration, in which Justice Iyer stood up against inhuman prison conditions.
Justice Iyer’s pioneering role in promoting public interest litigation (PIL) was another highlight. The CJI quoted:
“When the history of the Indian judiciary will be written, PIL will be glorified as the global ally of the small Indian.”
He also recalled how Justice Iyer converted a prisoner’s letter into a writ petition, which said:
“Freedom behind bars is part of our constitutional bond… The rights of prisoners are too precious to be left to the jailers.”
Concluding his address, CJI Gavai called Justice Iyer a “guiding star and lighthouse” for the judiciary. He expressed his commitment to carry forward Iyer’s legacy of ensuring social and economic justice.
“Every time a bench emphasises substantive justice over technicalities, every time a judgment extends the protective umbrella of fundamental rights, the legacy of Justice Krishna Iyer is not only respected but also lived up to,” the CJI said.
The event was attended by Kerala High Court Chief Justice Nitin Jamdar, Justice Devan Ramachandran and former judge Justice K. Speeches were also delivered by Advocate Sanand Ramakrishnan, Secretary of SKS Foundation along with Balakrishnan Nair.
