A professor who could've been a Judge

A teacher, who advocated for teachers to be elevated to the bench of Supreme and High Courts, considered teachers as public personalities and not ordinary employees on contract, Professor Gupteswar Korimilli, 91, breathed his last on March 27 in the United States. The law teachers in both of Telugu States have lost the Guru of many eminent judges, advocates, Vice chancellors and others.

He was always a thinking mind, sometimes over a ThumsUp, with a curry puff. We used to have an hour of scholarly and leisurely discussion on a topic of legal development. This was a frequent happening with Professor Gupteswar Korimilli's post-retirement assignment at Pendekanti Law College (PLC), named after former Union Minister and Governor Pendekanti Venkata Subbaiah. As the founder Principal Prof Gupteswar used to engage in several legal thoughts with faculty members, especially with me. Prof. Gupteswar, who holds a Post Graduate degree from Stanford University had a longcareer inspiring several generations in the classrooms of Andhra University Law College, Visakhapatnam.

Prof Gupteswar strongly advocated that eminent teachers of law should be elevated as judges of Constitutional courts. In one of his essays titled "Law Teachers for the Bench," he pointed out that initially Art 217 (3) v(c) of the Constitution provided for eminent Jurists to be appointed as judge of the Supreme Court. No professor was appointed.

During emergency times a Clause (c) was introduced in Art 217(2) enabling eminent Jurists to be appointed to the High Courts, too, by an amendment in 1976. It was a good amendment among other controversial changes brought by Indira Gandhi government. Unfortunately, this latter Amendment was deleted by another Amendment in 1979 by the Morarji Desai Government. This deprived the services of eminent jurists (academicians) as judges. Prof Gupteswar wrote that though there was scope for elevation of an eminent Jurists to the High Courts during a short period from 3rd January 1977 to 20th June, 1979 no eminent jurist was appointed to High Courts.

Article 217(3)(v)(c) remained a dead letter, as none bothered to implement it. The vacancies in bench were filled only by district judges and practising advocates. Chances of third stream to judicial appointments was totally denied. Prof Gupteswar, quoted eminent SC Justice O Chinnappa Reddy, favoured appointment of eminent jurists to the High Courts.

Prof Gupteswar made a representation to the then Union Law Minister, reminding that an eminent Professor Frankfurter was elevated to the American Supreme Court penned some of the most brilliant judgments.

Former Judge of Supreme Court Justice Jagannadha Rao recalled that he and other senior judges of AP High Court who attended a seminar in Andhra University feltthat it would do a lot of good for the AP High Court, if professorslike him could be elevated to the High Court. We were thinking that Prof Gupteswar should have been on the bench. But he wished that position for me. (His blessings were so powerful, that I got a divine opportunity to become Central Information Commissioner, which was technically equal to SC Judge, until its status was drastically reduced by an amendment in 2019).

Ex CJI Ranganath Misra in PLC

Silently, Prof Gupteswar made PLC a centre for various activities involving several legal luminaries. It was privilege of teachers and students of PLC to interact with these experts. Once he introduced me to former Chief Justice Ranganath Mishra and asked me to interview him. Discussing various issues including about prison reforms, Justice Mishra suggested me to visit Pune's Yerwada Jail to understand the effectiveness of reforms. Whether officials allow me? I expressed my doubt. Immediately Mishra took my writing pad, and wrote a letter addressing Superintendent of Yerwada Jail to allow me inside.

A few months later, without any prior appointment, I went to Pune and visited Jail. I was still doubting about my entry. The officers honoured the letter and allowed not only me, but my wife also. They spent whole day explaining the reforms. My study was published as an article in Pioneer daily that made Prof Gupteswar happy.

Granville Austin meets with PLC teachers

It was unbelievable that an internationally famous author of Indian Constitution, Corner Stone of a Nation, Granville Austin, addressed a seminar in Pendekanti College. By that time his second book 'Working a democratic Constitution- Indian Experience" was not completed. Austin sat through the seminar for whole day, and interviewed me (Note: it is not me interviewing him) asking several questions on working of the Constitution. It was a thrilling experience.

Justice Krishna Iyer

He brought the legendary judge, Justice V R Krishna Iyer to PLC function as chief guest in one of the vibrant seminars. It was another great experience that can inspire for a life time.

Besides, M Jagannadha Rao, a former Judge of Supreme Court, GVG Krishna Murthy, former Chief Election Commissioner, Professor R Venkat Rao, Prof Pola Koteswar Rao, eminent advocate, formerly Mayor, BCI President and Cricket Board chairman, D Subbarao, shared their valuable experiences with PLC. They all hadgreat respect for the academic excellence of the Gupteswar. He used to give enough freedom to me (Vice Principal) to organize the events like south-India moot court's competition and workshops.

Torteswar

With his in-depth understanding of law of torts, Prof Gupteswar gained reputation as Torteswar. As a teacher of law of torts, I used to discuss nuances of Torts with him.

Fearless Principal

Sometime in 1990s, some lumpen elements of one student organization wanted me to be removed as Vice-Principle. They threatened me to resign. I refused. I told them 'How can I do that, it's my livelihood". Then they approached the Principal Gupteswar strongly demanding my removal. That organization could not advance any reason. It was just a demand. He did not respond.In spite of mounting pressure and threats, I have not resigned. The Principal and management of PLC refused to remove me. I continued as Vice Principal with Prof Gupteswar till I joined NALSAR University.

Being an elderly scholar,he was very simple. ProfGupteswar used to be a pillion rider on my two-wheeler to go around city. He used to enjoy delicious idly or crisp dosa in Gayatri Hotel, Himayatnagar (now not there), but he never allowed me to pay. His demand for perfection was always unsatiated. Rarely he appreciates any because he could easily detectglaring deficiencies. Its my privilege to get his appreciation for my books– DharmasanaChaitanyam(=Judicial activism) and KarmikaChattalu (Labour Acts) which were released by Justice P A Chowdary in 1998.

Essays of Gupteswar

Professor R Venkat Rao, former Vice Chancellor of National Law School of India University (for a decade) edited a book with the articles of Prof Gupteswar recently, titled "Legal Essays of Prof K Gupteswar". This book contains just 8 of out of his 60 essays spanningthree decades. Justice M Jagannadha Rao in his detailed foreword recorded his appreciation about K Gupteswar: "I found that Prof Gupteswar's intellectual calibre is of a very high order, his capacity toarticulate and explain fundamental principles in any branch of law isunsurpassable, and his knowledge extends to all most all branches,Civil, Criminal, Labour, Contracts, Torts, Intellectual Property andothers and finally to Constitutional law and International Law".

Gupteswar wrote about the early years of Gandhiji, his stay in South Africa where he laid the foundations for a new rightof "peaceful resistance" against bad laws, how, on his returnto India, Gandhi opposed the Rowlatt Act saying that "peoplecan commit civil breaches to prevent criminal breaches" by the State. In an essay on Legal Education, Gupteswar wrote: "The problems of law are as wide as the horizon andas profoundly deep as the ocean".He was highly critical about plagiarism in LLM and Ph.D. Another significant thought of Prof Gupteswar was that the teachers have statutory status as "engaged in public employment" even if they are under a contract.He wrote: 'Once the statutory-contractual dilemma is got over, there islittle scope to doubt the right of the teacher to reinstatementrather than merely a right to damages'.

Prof Gupteswar's funeral service was conducted on March 30 at Grissom's Chapel and Mortuary in San Lorenzo CA in United States. On the occasion of his 92nd birthday on 11th April, a zoom meeting was organized on Sri Rama Navami day, wherein former judges M Jagannadha Rao, Chalameshwar (of Supreme Court), Noothy Nageswar Rao, K G Sankar, Professor S Ramarao (WIPO), several vice-chancellors, professors and his disciples paid rich tributes.

(The author is Dean & Professor, School of Law, Mahindra University, Hyderabad, and former Central Information Commissioner) (The opinions expressed in this column are those of the writer. The facts and opinions expressed here do not reflect the views of The Hans India)