A Paragon of Judicial Integrity

In the 18th century, when Montesquieu, the French philosopher, argued for the separation of powers in his groundbreaking work De L'Esprit des Loix (‘The Spirit of Law’, 1748), his views were met with fierce opposition from monarchs like Louis XIV, who famously declared, “L'État, C’est Moi” (translated as ‘I am the state’).

But Montesquieu's principles gained traction in countries like England, the United States and later in India. In a remarkable parallel across time and geography, Ram Shastry Prabhune, the pioneering Indian judge, embodied Montesquieu’s ideas with a clarity that would resonate even today.

‘Ram Shastry Prabhune: An Icon of Judicial Integrity and Independence’ (2023), written by Advocate Vilas Patane and translated by Advocate Ramakant Khalap, explores the political and social landscape of Pune during the Peshwa rule, shedding light on the intrigues, conspiracies and power struggles of the time. It shows how Shastry’s vision of an independent judiciary that upholds the rights of the people above the ambitions of rulers remains as relevant today as it was in the Peshwa era. It also reveals the moral and ethical fiber that should guide every judge in their pursuit of justice.

Born in 1726, Ram Shastry served as chief justice in the court of the Peshwa in Pune, during an era dominated by political intrigue and a rigid caste system. An epitome of integrity, fearlessness and judicial excellence, Shastry’s work transcended the constraints of his time. Like Montesquieu, he believed that justice should stand above all, independent of the whims of rulers, religious authorities or societal pressures.

The British historian James Grant Duff lauded Ram Shastry for his wisdom, honesty, integrity and fearlessness - virtues that elevated him in the eyes of both contemporaries and history. In a world where the independence of the judiciary is a cornerstone of democracy, Shastry’s legacy resonates with the principles enshrined in the United Nations Resolutions of 1985 and 1990 which underscore the crucial need for a clear separation of powers.

Shastry’s most notable act of judicial courage came when he investigated the gruesome 1773 murder of Narayanrao Peshwa, holding Raghoba Dada responsible and sentencing him to death. This decision, a bold stand against a powerful figure, led Shastry to resign from his position in protest of the political interference he faced. Yet, his integrity was unshaken. Even after he withdrew into seclusion, Nana Fadnavis and Sakharam Bapu had to assure him, in writing, that no one would interfere with his future judicial duties. This moment exemplifies Shastry’s unwavering commitment to an independent judiciary, echoing Montesquieu’s belief that concentrating executive and judicial power in one person would lead to societal ruin.

Beyond his legal rulings, Shastry’s reforms underscored a progressive vision. He allowed widow remarriage, long considered taboo, and took bold steps to challenge entrenched caste hierarchies. When the Peshwa decreed that the Kayastha Prabhu caste could not perform Vedic rituals, Shastry overturned the edict, granting them the same rights as Brahmins. He reprimanded the Peshwa for neglecting duties in favour of excessive worship and forced his wife to return lavish gifts from the Peshwa’s wife, demonstrating his commitment to fairness.

Shastry’s work extended far beyond the courtroom. A scholar of ancient texts, including the Manu Smriti and the Arthashastra, he balanced respect for tradition with a belief that laws must evolve with society.

His famous act of allowing an imposter to present his case despite widespread disbelief in the fraud. This was testament to his adherence to the principle of Audi Alteram Partem (‘Let the other side be heard’). It wasn’t just about the facts of the case but about ensuring that justice was served impartially.

Ram Shastry Prabhune’s legacy is not just one of judicial courage, but of a commitment to justice that transcended his time. His fearlessness in holding powerful figures accountable, his advocacy for the rights of marginalized communities, and his progressive stance on issues like widow remarriage and caste discrimination marked him as a visionary in an age that rarely allowed for such radical ideas to take root.

The book not only chronicles Shastry’s remarkable career but also reflects on the judicial practices of the Peshwa era, offering readers a glimpse into the legal and administrative challenges of the time. It shows how Ram Shastry’s vision for a fair, just, and independent judiciary was ahead of its time.

(The author is librarian at the Jitendra Chauhan College of Law, Mumbai.)