Vice President of India from 1979 to 1984
Mohammad Hidayatullah OBE (Hindi: मुहम्मद हिदायतुल्लाह, Urdu: محمّد ہدایت اللہ) (December 17, 1905 – September 18, 1992) was the eleventh Chief Justice of India, serving from February 25, 1968 to December 16, 1970, and the sixth Vice-President of India, serving from August 20, 1979 to August 20, 1984. As the Chief Justice of India, he had also served as the Acting President of India from July 20, 1969 to August 24, 1969.
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In his concurring judgment in Golaknath v. State of Punjab (AIR 1967 SC 1643), he held that fundamental rights are outside the amendatory process, if the amendment seeks to abridge or take away any of the rights, and that for abridging or taking away fundamental rights, a constituent body will have to be convoked.
...with the escort of the Military Secretaries, aids-de-camp and the President’s Body Guard, all in their splendid uniforms We made a glittering sight. Even in my best dress I looked drab beside my wife in a simple and well-chosen ensemble. I felt a little pride but was reminded of the entry of Caliph Omar into Damascus. He was offered ths surrender of the city if he came to the city in person. Omar rode his one-eyed camel with a servant on foot, and they traveled equal distance on foot in turn and rode in turn. Near Damascus, Omer was met by his generals Abu Obaida and Khalid bin Walid. Seeing his tattered and travel-worn dress they insisted that he should change into proper clothes and ride a caparisoned charger. Omar gave in and followed their advice. Very soon afterwards he stopped and asked for his former clothes and his camel saying “Pride is entering my soul, and the Prophet said that if a man has pride, the size of a mustard seed, he will not enter Paradise. I felt ashamed of myself and put aside the feeling at once and began thinking of other things.
His was the variegated and distinguished career of the eminent jurist, scholar, educationist, author and linguist. During his life span of four score and seven years symbolised significant achievement at each important stage, bringing honour and glory not only to himself but also to the institutions which he served and to our country.
I spoke in debates arranged by the Indian students in London and once V.K.Krishna Menon opposed me. The debate concerned the role of Asia in world affairs and I used the word Asiatic. Menon raised a laugh against me by saying that he did not like the word because it rhymed with ‘lunatic’ although I should consider myself free to use it. He advised me to use the word ‘Asian’ instead. When my turn came for reply, I thanked him for his advice but preferred to stick to the Asiatics adding that he had no objection of Menon calling an Asian although the word rhymed with ‘Simian’. This brought the house down and even Menon joined in the laughter and clapping.
As Acting President and Vice President, he walked with Kings, Presidents and Prime Ministers, but never lost the common touch. He was always approachable and was kindliness to all. He brought to his chamber work, in his Opinions and in arbitrations, an understanding and humanity, and gave satisfaction to all.
I chose the title of the book from Oliver Wendel Holme’s subtitle to his Aristocrat of the Breakfast Table; Every man His own Boswell. I was a miscellanist before I attempted a full length book. I learnt the art of narration from Boswell. After all even Macaulay, in spite of many hard things he said of Boswell, did acknowledge that he was the first of biographers and the world has since considered him the greatest.
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He was sworn in as the Acting President of India on 20th July 1969 and served in that capacity till late V. V. Giri was sworn in as the duly elected President of the Republic. After his retirement as the Chief Justice of India, he was unanimously elected as the Vice President of India as a result of a consensus amongst different political parties and occupied that high office with distinction from 1979 to 1984.
While in London I became interested in speaking in public. I lectured at Hyde Park Corner when the Simon Commission was being boycotted in India as no Indian was a member. I stood the heckling well and even indulged in a little ridicule. People completely ignorant of India and Indian conditions would heckle me. One fellow claimed that he had lived in India and Kabul which he asserted was the capital of India.