Justice C.K. Thakker (born November 10, 1943) is a judge in the Supreme Court of India.[1]
Justice Thakker was born at Mander near Porbandar in the State of Gujarat. He took primary education in Mander and Madhavpur, graduated from Bahauddin College, Junagadh and obtained an LL.B. degree from M.P. Shah Law College, Jamnagar. He obtained LL.M. Degree from Gujarat University, and started his practice from 1968 in the High Court of Gujarat.
He was appointed as Part-Time Lecturer in Law in Sir L.A. Shah Law College, Ahmedabad, in 1970 and continued as such until he was elevated to Judge of the High Court of Gujarat on June 21, 1990. He was further promoted to Chief Justice of High Court of Himachal Pradesh, Shimla on May 5, 2000 and transferred as the Chief Justice of High Court of Judicature at Mumbai on December 31, 2001. He was also Acting Governor of the State of Maharashtra from July to October 2002. His Lordship was appointed as a judge of the Supreme Court of India on June 7, 2004.
Justice Thakker has a son and a daughter who both practice law in Gujarat High Court, Ahmedabad.
Justice Thakker is a well known author. He several law books which have been appreciated in India, UK and United States. His Lectures on Administrative Law (Students' Edition) has been prescribed as a text book by various Universities at LL.B. and LL.M. level. His Civil Procedure (Students' Edition) was also warmly received.
Justice Thakker is also an author. His Lordship has written several law books which have been appreciated in India, U.K. and U.S.A. His Lordship's "Lectures on Administrative Law" (Students' Edition) has been prescribed as a text book by various Universities at LL.B. and LL.M. level. Justice Thakker's "Civil Procedure" (Students' Edition) was warmly welcomed and highly appreciated by students, lawyers, law professors and scholars. Reviews of the book appeared in India, England and U.S.A.
Justice Thakker's "Administrative Law" (Lawyers' Edition) was foreworded by Hon'ble Mr. Justice M. Hidayatullah, former Chief Justice of India. His Lordship in the foreword stated: "To write a book on administrative law as enforced in India is a very elaborate task but this has been performed by the author with great insight, industry and understanding. He has avoided pointing out the overstepping of the Constitution by the Supreme Court lawyers and Judges. I wish in India there was the lead of Lord Mansfield, Atkin, and Ried and most of Judges who wish to shine and who even depend upon the articles written by lawyers and professors, would learn from these Judges". He further stated; "All in all this is an excellent book, exhaustive and compelling and it will be a useful adjunct to the books on the subject written by English and American writers."
In Interchapter, Hon'ble Mr. Justice P.D. Desai, the then Chief Justice, High Court of Judicature at Bombay described the book as "noteworthy for its treatment of the case law". He said, "A wide range is covered with the relevant English and American decisions also being referred. On each topic, all relevant decisions of Indian Courts, whether of the pre or post-independent era, have been digested and discussed. … The author has not flinched from the expression of his candid views while discussing such decisions or offering criticism as regards views of the majority or minority, as the case may be, in different cases." Justice Desai concluded; "It has given me immense pleasure to have been invited to be associated with an outstanding and lasting contribution of a brother Judge which is sure to aid the growth and development of Administrative Law."
The work was appreciated by Sir William Wade as also by Lord Denning. According to Sir William Wade, it is "thorough and scholarly". He found the book "most useful". In the words of Lord Denning, the book is "an excellent piece of work, both in analysis and research". Lord Denning proceeded to state, "Your contribution for India rivals that of Sir William Wade". His Lordship finally stated; "I am keeping it in a foremost place in my library because, even at my age of 93, I still consider many points of administrative law and I look forward to finding much help from your book."
The Right Honourable Lord Templeman stated; "I marvel at your being able to find the time to produce a book which covers a very difficult subject in extremely great detail. We were rather late in this country in taking up administrative law and though we have forged ahead we are still very glad to be referred to authorities from India and the United States."
Justice Thakker has revised "Law of Writs" by V.G. Ramachandran. The revised edition was dedicated to Lord Denning after approval from Lord Denning. The book was foreworded by a great Jurist, Hon'ble Mr. Justice M.N. Venkatachaliah, the then Chief Justice of India. His Lordship stated; "I am impressed by the comprehensive treatment of the main areas and sensitive touch on the grey areas". His Lordship also stated; "It is greatly satisfying to find that with all the preoccupations and responsibilities of the judicial office, Justice Thakker could spare time for such dedicated intellectual pursuits. This edition of Ramachandran's 'Law of Writs' has the imprint of the dedication of a fine man of law. I venture to hope that lawyers – both as advocates and Judges – benefit by Justice Thakker's refreshing scholarship."
In reply-letter, Lord Denning stated; "I greatly appreciate your dedication of this volume to me and I regard it as a great honour that you should do so. I have been reading some of it already and I greatly admire all the work you have done in bringing it up to date. … You have done a magnificent work in bringing all this knowledge up to date and I am confident that it will be of the greatest use to all the Judges and lawyers of the great country of India, where the rule of law is still well maintained. I am keeping your volume by me and will refer to it whenever a question arises on these important matters. Through your book you have done much to preserve the rule of law and the doing of justice throughout the subcontinent of India."
Justice Thakker has written "Code of Civil Procedure, 1908" (Lawyers' Edition). The said work is a treatise on the Code of Civil Procedure and it will be in five volumes. Two volumes containing substantive law (Sections 1 to 158) have already been published. The book is foreworded by Hon'ble Dr. Justice A.S. Anand, the then Chief Justice of India. In the foreword, he stated; "I can safely say that the present work on Code of Civil Procedure leaves nothing unexplained, which ought to have been explained. I am very impressed by the scholarly work of Justice Thakker."
Hon'ble Mr. Justice S.B. Majmudar of the Supreme Court in "Introduction" observed; "The method adopted by the author in categorizing these topics by way of synopsis is very exhaustive and appropriate. At a glance such synopsis would give desired insight into the various nuances of sections concerned. To say the least, the aforesaid work of the learned author will go a long way in enabling all those concerned with trials in civil courts to effectively discharge their obligations towards the litigating public earlier at the Bar or on the Bench".
Justice Thakker has also revised well-known work of "Law of Crimes" by Ratanlal and Dhirajlal, the Silver Jubilee Edition and Centenary Publication. The revised edition was dedicated to the sacred memory of Lord Macaulay, Founding Father of the Indian Penal Code.
In "A Humble Foreword to a Classic's Centennial", Hon'ble Mr. Justice V.R. Krishna Iyer (Retired Judge of the Supreme Court of India) stated; "A great book, like a celebrated scholar, deservedly commands admiration and good readership. And when the work is a classic and its centenary is sanctified by a silver edition authored by a judicial scholar, mere verbal encomium may not be adequate need. My pen does no exaggeration when I project Justice C.K. Thakker as a profound jurist, a scholarly Judge and an author the Denning mould, rare among the many the Bench wrapped in 'Lordly' robes".
His Lordship also stated, "Justice Thakker is a lovely contrast, a sound scholar, free from the symptoms of what Lord Hailsham called 'judges disease'. Fine man, versatile jurist, humility on the bench, Justice Thakker's ability is notable. His revised edition of Ratanlal is a rich addition to Indian legal literature, like his other books under other titles. He is a wealth of learning, an expert jurisprudent who has risen to judicial statesmanship, an Indian Sir William Wade, a 'thorough and scholarly' penman – truly distinguished in many dimensions of law, Thakker is a thinker who 'touched none which he did not adorn'.
Butterworths India has undertaken a mega project "Halsbury's Laws of India" on the pattern of "Halsbury's Laws of England". It is in several volumes. One full volume contains "Civil Procedure". Justice Thakker was requested to contribute that volume which has been published recently.