Dipak Misra

Dipak Misra (born 3 October 1953) is an Indian jurist who served as the 45th Chief Justice of India from 28 August 2017 to 2 October 2018. Known for his significant contributions to constitutional law, human rights, and individual liberties, he presided over several landmark judgments that shaped contemporary Indian jurisprudence. His tenure also marked a period of both judicial activism and institutional controversy, reflecting the complexities of leadership in India’s highest court.

Early Life and Education

Dipak Misra was born in Odisha into a family with a distinguished legal background. His uncle, Justice Ranganath Misra, had also served as the Chief Justice of India. Misra completed his Bachelor of Laws (LL.B.) from Madhusudan Law College, Cuttack, under Utkal University.
He began his legal career in February 1977, enrolling as an advocate and practising primarily in the Orissa High Court. His areas of specialisation included constitutional, civil, criminal, and taxation matters. His early practice established his reputation as a thorough and articulate lawyer.

Judicial Career

Dipak Misra began his judicial career in January 1996, when he was appointed as an Additional Judge of the Orissa High Court. The following year, he was transferred to the Madhya Pradesh High Court, where he later became a permanent judge.
His subsequent appointments reflected his growing stature in the judiciary:

• Chief Justice of the Patna High Court (2009–2010): He played a role in strengthening judicial efficiency and administrative reforms in the High Court.
• Chief Justice of the Delhi High Court (2010–2011): During his tenure, he oversaw key judicial initiatives, including procedural streamlining and improved case management.
• Judge of the Supreme Court of India (2011–2017): Elevated in October 2011, Misra authored several influential judgments that expanded the scope of constitutional rights.
• Chief Justice of India (2017–2018): Appointed on 28 August 2017, he led the Supreme Court during a period marked by high-profile constitutional cases and administrative reforms. He retired on 2 October 2018.

Landmark Judgments and Legal Contributions

As a judge and later as Chief Justice, Dipak Misra contributed to several transformative decisions in Indian law. Some of the most notable include:

• Right to Privacy and Individual Choice: He upheld the right of individuals to make personal life decisions, including the freedom to marry a partner of one’s choice, as part of the broader right to privacy and autonomy.
• Decriminalisation of Homosexuality (Section 377): Under his leadership, a Constitution Bench of the Supreme Court unanimously struck down parts of Section 377 of the Indian Penal Code, decriminalising consensual same-sex relationships and affirming equality and dignity for LGBTQ+ citizens.
• Decriminalisation of Adultery: He presided over the bench that struck down Section 497 of the Indian Penal Code, declaring the criminalisation of adultery unconstitutional and affirming gender equality and personal liberty.
• Freedom of Expression: Justice Misra delivered several judgments strengthening free speech while balancing it with considerations of public order and morality.
• Mob Lynching and Vigilantism: He issued directions to states to curb mob violence and uphold the rule of law, stressing the duty of the state to protect citizens from extrajudicial actions.

These judgments collectively advanced India’s human rights framework and reaffirmed constitutional morality as a guiding principle in judicial interpretation.

Administrative Role and Challenges

As Chief Justice, Dipak Misra held administrative authority over the allocation of cases and formation of benches in the Supreme Court. His tenure, however, was marked by institutional challenges:

• In January 2018, four senior judges of the Supreme Court publicly expressed concerns over the allocation of sensitive cases, signalling a rare and historic instance of internal dissent within the judiciary.
• Later, in April 2018, a group of opposition Members of Parliament moved a motion seeking his impeachment, alleging misuse of administrative powers. The motion was rejected as lacking sufficient grounds under constitutional provisions.

Despite these controversies, Misra continued to focus on judicial reforms, procedural transparency, and clearing of long-pending constitutional matters before his retirement.

Judicial Philosophy

Justice Dipak Misra’s judicial philosophy reflected a strong emphasis on constitutional morality, individual dignity, and social progress. He often invoked the spirit of the Constitution to justify progressive interpretation, asserting that the judiciary must evolve with the times to uphold justice in a dynamic society.
He believed that the Constitution is a living document that must respond to social change while preserving its foundational values of liberty, equality, and fraternity. His judgments frequently blended legal reasoning with moral and philosophical reflection, particularly in matters concerning personal liberty and human rights.

Legacy and Influence

Dipak Misra’s legacy as Chief Justice of India remains complex yet impactful. His tenure strengthened the judiciary’s role as a guardian of constitutional freedoms, particularly through landmark decisions on privacy, equality, and freedom. At the same time, administrative controversies during his period in office prompted discussions on judicial accountability and the institutional balance of power within the Supreme Court.
After retirement, his contributions continue to be studied for their jurisprudential depth and their role in shaping the moral and legal dimensions of Indian constitutionalism.