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Justice Ashok Bhushan’s glorious career as a Judge at the Supreme Court of India comes to an end on July 4, 2021.

With Justice Bhushan’s retirement, the sixth senior-most judge of the apex court, the strength of judges would now come down to 26 as against the sanctioned strength of 34 including the CJI.

Justice Bhushan was set to retire on July 4th but his last working day was June 30th, 2021 since he had to go back to Allahabad to attend the funeral ceremonies of his Mother Late Smt.  Kalavathi Srivastava.

He was enrolled as an Advocate with the Bar Council of Uttar Pradesh on 6th April 1979.  Till his elevation to the Bench, Justice Bhushan started practice on the Civil and Original side at Allahabad High Court. 

On July 10, 2104, he was sworn in as Judge of the High Court of Kerala and took charge as Acting Chief Justice on August 1, 2014 and thereafter on March 26, 2015 sworn in as Chief Justice. He was elevated as Judge of the Supreme Court of India on 13th May, 2016.

Hon’ble Chief Justice of India (“CJI”) in his speech to bid ceremonial adieu to Justice Bhushan in the Supreme Court while emphasising that Justice Bhushan’s journey has been truly remarkable had said, “His judgments stand testimony to his welfarist and humanist approach. His concern for the welfare of every section of the society is reflected in his opinions and writings.”

Justice Ashok Bhushan in one of his interviews had also said, “The Judges are only known by their judgments...Judgements are the only true criteria for testing the mettle of a Judge. Judges delivering the greatest of decisions are justifiably remembered.”

Some of Justice Bhushan’s Notable Judgements That Marked His Journey As A Legal Professional Are: 

[Ram Mandir Verdict] M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors

This landmark judgement of the Supreme Court delivered on November 9, 2019 by a bench headed by the then CJI Ranjan Gogoi cleared the way for the construction of a Ram Temple at the disputed site at Ayodhya, and directed the Centre to allot a 5-acre plot to the Sunni Waqf Board for building a mosque. 

Justice Ashok Bhushan and Justice S Abdul Nazeer became a part of the five judge constitution bench after two senior judges of the Supreme Court, Justice NV Ramana and Justice UU Lalit recused themselves. 

It is pertinent to mention that Justice Bhushan had joined the bench dealing with Ayodhya matter months after he delivered a relatively important judgement on September 27, 2018 in which the three-member bench refused to refer to five-judge Constitution bench the 1994 Ismail Faruqui verdict.

The 1994 judgement had held that mosque was not integral to offering prayers in Islam.

This issue of referring the judgement had arisen when the bench took up the Ayodhya Matter and Muslim parties demanded that the SC first refer the Ismail Faruqui verdict to the five-judge bench.

In this matter, Justice Abdul Nazeer wrote a dissenting verdict.  

While writing for himself and the then CJI Dipak Misra, Justice Bhushan had declined the Muslim parties request of Muslim in the Ayodhya case that the 1994 observation that "mosque is not essential part of practice of Islam" be sent to a larger bench as it would have a bearing in the Ram Janmabhoomi-Babri masjid land dispute.

[Suo Moto Crisis On Miseries Of Migrant Workers] In Re: Problems and Miseries of Migrant Labourers 

Authored by Justice Bhushan, this decision showed his empathy towards the marginalised sections of the society. Delivered on June 29, 2021, bench of Justice Ashok Bhushan and Justice MR Shah in this issued comprehensive directions to the Centre and the State Governments, on questions concerning Migrant Labourers amid second surge of COVID 19 pandemic. Some of them being directing the states to run community kitchens at prominent places, ensuring implementation of One Nation One Ration Card, directing the Centre to re-assess the entitled beneficiaries and effectuate National Database for the Unorganized Workers. 

[Ex Gratia To Kin Of Those Who Succumbed To CoVID] Reepak Kansal v. Union of India and Others 

Justice Bhushan was also a part of the two judge bench which on June 30th directed the Union government to frame within six weeks uniform guidelines on ex-gratia payments to the families of those who have died of Covid-19, noting that the Prime Minister-headed National Disaster Management Authority (NDMA) “failed to perform its statutory duty” by not envisaging a compensation scheme.

[Maratha Quota Reservation] Jaishree Laxmanrao Patil v. The Chief Minister & Ors

The Supreme Court bench headed by Justice Ashok Bhushan had on May 5, 2021 had delivered its verdict on the validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018. The bench had unanimously held that no exceptional case was made out for exceeding the ceiling limit of 50% in favour of the Marathas.

However there was a dissenting view with regards to the role of states to identify the backward classes. The majority view was given by the bench of Justice LN Rao, Justice Hemant Gupta and Justice S Ravindra Bhatt. 

Whereas Justice Ashok Bhushan (with Justice Abdul S Nazeer) dissented with the majority & observed that the 102nd Constitutional Amendment did not take away State’s power to identify Backward Classes.

On June 28, 2021, the five judge bench headed by Justice Ashok Bhushan had also rejected the Centre’s review petition against the Court’s order with regards to power of the states to identify Backward Classes. 

[CJI Is The Master Of Roster] Shanti Bhushan v. Supreme Court of India

While deciding the writ petition that sought devising a more transparent system in allocation of cases to Benches in the Apex Court, the Bench comprising Justice A.K. Sikri and Justice Ashok Bhushan on July 6, 2018 observed that , 

“ ‘Chief Justice in his individual capacity is the Master of Roster and it cannot be read as Collegium of first three or five Judges. Thus, it is his prerogative to constitute the Benches and allocate the subjects which would be dealt with by the respective Benches“. 

[Rape Surviors Have Right To Accommodation Under Prime Minister Awas Yojana] Ms. X v. State of Jharkhand 

Justice Bhushan had also authored a judgement delivered on January 20, 2021 wherein it was observed that a rape survivor should be provided an accommodation under Prime Minister Awas Yojna or any other Central or State Schemes and the minor children of the woman should be ensured free education in any of the government organisation till they attain the age of 14.

[Loan Moratorium Case] Small Scale Industrial Manufacturers Association (Regd.) v. Union of India and others

Justice Bhushan was also a part of the landmark judgement pertaining to loan moratorium delivered on March 23, 2021 in which the bench of Justice Ashok Bhushan, Justice R Subhash Reddy and Justice MR Shah said that Economic and fiscal regulatory measures are a field where judges should encroach upon very warily as they are not experts in these matters. It was conclusively held that complete waiver of interest cannot be granted during the loan moratorium period and that no sector specific relief(s) can be granted by the Court.

He was also part of a five-judge bench that had in September 2018 declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admission.

Justice Bhushan was also a part of the bench which had allowed Uttar Pradesh Government's plea seeking transfer of BSP MLA Mukhtar Ansari from Ropar Jail in Punjab to Uttar Pradesh's Ghazipur Jail and also allowed Justice V. Eswaraiah’s plea challenging the order of Andhra Pradesh High Court, directing probe into an alleged conspiracy against Supreme Court and High Court judges, on February 22, 2021. 

Justice Ashok Bhushan was of a firm belief that the relationship between the Bar and Bench was like a relationship of the sea and clouds. 

“Bar & Bench are part of two wheels. Today I pay my homage & regards to members of the bar. Junior members are the future of the Court,” Justice Bhushan said on his last working day at the Supreme Court.