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MAHARASHTRA NATIONAL LAW UNIVERSITY

ENGLISH

FIRST DRAFT

Dr C.S.Dharmadhikari

Submitted to : Prof. Ashok chikte


Prof. Upamanyu Sengupta

Submitted by: Saurabh Misal

Enrolment no:-2017046

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1. Chapter I
Dr C.S.Dharmadhikari was born on 20 November 1927 in Raipur, Madhya Pradesh. His parents are
late Smt. Damayanti Dharmadhikari and Acharya Dada Dharmadhikari.He has three brothers and
one sister. Their names are Pradyumna Dharmadhikari, Yashwant Dharmadhikari, Bacchu
Dharmadhikari and Usha Dharmadhikari(Tamaskar). Of all his brothers and sister,
Chandrashekar Dharmadhikari is the only one alive and is staying at Mumbai. He married late
Mrs. Tara Dharmadhikari. They had a daughter Aruna Patil and two sons − Satyaranjan and
Ashutosh. His late brother Yashwant Dharmadhikari (Y.S. Dharmadhikari) was also a leading
lawyer in M.P high court (Jabalpur). Now his grandsons are practicing in the M.P High Court, Adv.
Shivendra Pandey, Adv. Akshay Dharmadhikari. In his childhood biography “Shashvat Shikshan
Sampatti" taken from "Aathvanitil Shala Ani Shikshak" from Jivan Shikshan, he mentions how
he and other freedom fighter's children grew up like a "Cactus" meaning that they grew up and
completed their education independently as their parents would be away in freedom campaigns
most of their time. His father was imprisoned in 1930, 1932 and 1942 and his mother took part in
Individual Satyagraha in 1941 and Quit India Movement of 1942 and was imprisoned for about
three years due to which the upper class would always compliment him that "Neither fear of father
nor mother, son went on to become a volunteer.” In his childhood days, he went to primary
municipal school near Chitnis Park in Nagpur for one year. In 1935 he moved to Wardha and used
to stay at Bajajwadi which was the center for many freedom fighters. There he took entry in second
standard at Tilak Municipal Primary School. During that period he found a club along with his
friend which was named Ghanchakkar Samaj by his father Dada Dharmadhikari. After
completing his primary education he took admission at Nav Bharat Vidyalaya, Wardha which
was set up under the influence of Mahatma Gandhi. Dr C.S. Dharmadhikari is also educated from
S.B. City College, Noshar Mahavidyala and University College of Law Nagpur. He graduated as
M.A.L.L.B from Nagpur University College of Law.1

2. Chapter II
Dr C.S Dharmadhikari graduated as M.A.L.L.B from Nagpur University College of Law. He
enrolled himself as an Advocate of the Nagpur High Court on 25 October 1956. On 21 July 1958,
he became Advocate of the Bombay High Court and then of the Supreme Court on 20 July 1959.

1
http://www.mkgandhi.in/cdharma.htm “Biodata of C. S. Dharmadhikari”(Date
Accessed:September 09, 2017)
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He was appointed Assistant Government Pleader at Nagpur in August 1965 and Additional
Government Pleader High Court at Bombay, Nagpur Bench, in October 1970. He served as
Government Pleader of High Court of Bombay, Nagpur Bench from 1965 to 1972. Dr C.S.
Dharmadhikari was appointed Additional Judge of the Bombay High Court on 13 July 1972 and
Permanent Judge from 24 November 1972 till 20 November 1989 after which he retired. Having
retired as Judge, Dr C.S.Dharmadhikari serves as Director with cricketer Chandu Borde in a
consulting company.
He was the Chairman of Maharashtra Administrative Tribunal from 7 July 1991 to 20 November
1992. He was the Chairman of Educational Regulatory Authority. He is associated with
Maharashtra State as well as National Women’s Commission, Jamnalal Bajaj Foundation and
Global Schools Foundation. Dr Chandrashekhar Dharmadhikari believes in Gandhian values and
holds the trusteeship of Gandhi Research Foundation and several other Mahatma Gandhi
foundations. He was also the head of Dahanu Taluka Environment Protection Authority (DTEPA).

3. Chapter III
The Judiciary is the third organ of the government. It has the responsibility to apply the laws to
specific cases and settle all disputes. The real ‘meaning of law’ is what the judges decide during the
course of giving their judgements in various cases. From the citizen’s point of view, Judiciary is the
most important organ of the government because it acts as their protector against the possible
excesses of legislative and executive organs. Role of Judiciary as the guardian-protector of the
constitution and the fundamental rights of the people makes it more respectable than other two
organs.
The first and foremost function of the judiciary is to give justice to the people, whenever they may
approach it. It awards punishment to those who after trial are found guilty of violating the laws of
the state or the rights of the people. The aggrieved citizens can go to the courts for seeking redress
and compensation. They can do so either when they fear any harm to their rights or after they have
suffered any loss. The judiciary fixes the quantity and quality of punishment to be given to the
criminals. It decides all cases involving grant of compensations to the citizens.2

2
"In conversation with Justice CS Dharmadhikari." Governance Now. January 01, 1970.
Accessed September 09, 2017. http://www.governancenow.com/views/interview/in-conversation-
justice-cs-dharmadhikari.

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Once it was decided that the Caste Barriers should be broken and man’s status does not depend
upon his caste or creed, the first thing he decided is not to observe any ritual or Sanskar restricted to
a particular caste. This lead Dr.C.S.Dharmadhikari pursue law and become a successful judge.
Dr C.S. Dharmadhikari has served as Government Pleader of High Court of Bombay, Nagpur
Bench from 1965 to 1972. Later he was appointed Additional Judge of the Bombay High Court on
13 July 1972 and Permanent Judge from 24 November 1972 till 20 November 1989 after which he
retired.
The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the
right to seek the protection of the judiciary in case his rights are violated or threatened to be violated
by the government or by private organisations or fellow citizens. In all such cases, it becomes the
responsibility of the judiciary to protect his rights of the people.

4. Chapter IV
Justice Dharmadhikari believes that the government must have a holistic approach and start
implementing the recommendations without any delay.
"I expect more sensitive approach from the government since the recommendations are related to
various departments and not only with home department only. We discussed with many groups from
different sections of the society before recommending. I expect government should start
implementation of recommendations without wasting more time," he said over telephonic
conversation to Times Of India.
Judgments delivered by him relating to Rights of Women, Tribal People, Children, Insane
People, Prisoners are landmarks. In his Judgment during the Emergency, he held that apart from
the Constitutional Right, Right to Life is natural and Human Right and therefore, even during
the Emergency, a citizen has a right to approach the High Court as natural and Human Right to
Life cannot be taken away which was a unique judgment. As per this Judgment he entertained the
petitions and released the detained people, against whom there was no material.
In 2014, his committee recommended to Maharashtra government a "complete ban on bar girls in
hotels and restaurants" as well as "curbs on social media" as these have a "corrupting
influence", in order to reduce crimes against women.3

3
Foundation, Jamnalal Bajaj. Jamnalal Bajaj Foundation. Accessed September 09, 2017. http://
www.jamnalalbajajfoundation.org/awards/archives/2012/chief-guest/justice-cs-dharmadhikari.

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5. Chapter V
According to the researcher, the legal personality has faced a lot of hardship in his childhood days
which influenced him to pursue something or make a career in something which would make the
society better in lot of aspects such as Freedom of Expression, Rights of Women, Dalits etc. Since
the family of legal personality is already into law, this made him pursue law as it would help to
obtain freedom from the Britishers. Since the legal personality is a follower of Mahatma Gandhi
and believes in Gandhian Values, he would always resort to non-violent options and always follows
rules and regulations. Handling Judiciary is a big responsibility as it determines whether a person is
guilty of performing wrongful acts or not. If found guilty then the punishment to be given to him is
also determined by the Judiciary body. The researcher thinks that the legal personality who is Dr
C.S Dharmadhikari is suitable to handle judiciary body as his ideology would lead to a better
society. There were several judgements delivered by Dr. C.S. Dharmadhikari and his committee
which lead to huge controversies but eventually turned about to be in favour of the society.

6. References
• http://www.mkgandhi.in/cdharma.htm “Biodata of C. S. Dharmadhikari”(Date
Accessed:September 09, 2017)
• "In conversation with Justice CS Dharmadhikari." Governance Now. January 01, 1970. Accessed
September 09, 2017. http://www.governancenow.com/views/interview/in-conversation-justice-cs-
dharmadhikari.

• Foundation, Jamnalal Bajaj. Jamnalal Bajaj Foundation. Accessed September 09, 2017. http://
www.jamnalalbajajfoundation.org/awards/archives/2012/chief-guest/justice-cs-dharmadhikari.

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