As India gears up for the Vice Presidential election tomorrow, it is worth revisiting a remarkable chapter in the country's constitutional journey. Among all those who have held this high office, Justice Mohammad Hidayatullah remains the only individual in Indian history to have served as Chief Justice of India (CJI), Acting President, and Vice President — a distinction unmatched to this day.
The man of many firsts: Justice Mohammad Hidayatullah
Born on December 17, 1905, Hidayatullah rose to prominence through an illustrious legal career. He was appointed as the 11th Chief Justice of India in 1968, becoming the first Muslim to occupy the top judicial post. A scholar of both Islamic and Hindu scriptures, his legal philosophy was deeply rooted in secularism, constitutionalism, and equality.
Justice Mohammad Hidayatullah's judicial legacy is marked by landmark rulings that shaped India's constitutional ethos. His opinion in Golaknath v. State of Punjab asserted limits on Parliament's power to amend fundamental rights, reinforcing their inviolability. In Ranjit D. Udeshi v. State of Maharashtra, he set crucial legal boundaries on freedom of expression by addressing obscenity laws with nuanced reasoning.
His judgements reflected not only deep constitutional insight but also literary elegance, showcasing a rare blend of legal precision and intellectual depth, all in steadfast service to the protection of individual rights and the sanctity of the Constitution.
Acting president during a constitutional crisis
In 1969, following the sudden death of President Zakir Husain and the resignation of Vice President VV Giri to contest the presidential election, the country faced a rare constitutional void.
Under Article 65 of the Constitution and the newly enacted President (Discharge of Functions) Act, 1969, Chief Justice Hidayatullah stepped in as the Acting President of India from July 20 to August 24, 1969. During this time, he notably hosted US President Richard Nixon at Rashtrapati Bhavan, a testament to his statesmanship during a critical period.
Vice President of India: A unanimous choice
In 1979, Hidayatullah was elected unopposed as the sixth Vice President of India, serving until 1984. During his tenure, he once again served as Acting President on three occasions when President Zail Singh was abroad — underlining the continued trust in his leadership and constitutional knowledge.
Cremated as per his wishes
Despite being born into a Muslim family, Justice Hidayatullah married Pushpa Shah, a Jain woman, and lived a life rooted in interfaith harmony. Upon his passing on September 18, 1992, he was cremated according to Hindu rites, in accordance with his personal wishes — a symbolic reflection of his deeply inclusive values.
A legacy of constitutional integrity
Justice Mohammad Hidayatullah's unique journey — from Chief Justice to Acting President to Vice President — reflects the strength and adaptability of India's Constitution. As the nation prepares to elect its next Vice President, his legacy serves as a powerful reminder of the enduring value of wisdom, integrity, and national service in public life.
