CAN Foundation, in partnership with National Law University, Jodhpur & Gujarat National Law University, Gandhinagar hosted the ‘1st Justice HR Khanna Memorial National Symposium’ to commemorate the august persona of Late Justice HR Khanna. The Symposium featured an enthralling discussion on the valiant efforts put forth by Justice Khanna in preserving the sanctity of our Constitution. It was graced by various legal luminaries who delivered engaging addresses and shared profound opinions on the captivating theme – ‘Reflections on J. HR Khanna – Nurturing India’s Constitutional Fabric’.
The 1st (Pre-Lunch) Session of the Symposium was graced by the presence of Justice UU Lalit (Judge, Supreme Court), who was the Chief Guest at the Symposium and Mr. PS Narasimha (Senior Advocate).
The Session commenced with Mr. Manu Maheshwari (Secretary, CAN Foundation), greeting and introducing all the Esteemed Panelists. He acknowledged Justice Lalit’s contributions in the landmark judgments of Vinod Dua v. Union Of India and the Triple Talaq case (Shayara Bano v. Union Of India). He then went on to pay an ode to Prof. (Dr.) Poonam Pradhan Saxena (Vice-Chancellor, NLU, Jodhpur) and Prof. (Dr.) S Shanthakumar (Vice-Chancellor, GNLU, Gandhinagar) for their contributions to the nation’s legal education.
Thereafter, Mr. Siddharth R Gupta (CEO, CAN Foundation) offered a warm welcome to the Panelists and audience. He expressed reverence for Late Justice Khanna in the following words:
“In the 1970’s, when there were questions on the independence of the Indian Judiciary and the cherished fundamental rights were meaningless, a crusader emerged from the dark shadows. At a time, when even the custodians of the Constitution yielded their convictions for their ambitions, he refused to forgo his conscience for the seat of the Chief Justice of India.”
Further, Prof. (Dr.) Poonam Saxena, VC of NLU, Jodhpur, acknowledged that Justice Khanna is respected to the point of reverence today as he was back when she was a student of Constitutional Law. She recounted how Justice Khanna came to be recognised for his contribution of maintaining democracy.
Prof. (Dr.) S Shanthakumar, VC, GNLU, also commemorated Justice Khanna, and while talking about the principle of independence of the Judiciary that Justice Khanna embodied, reminded the audience by saying:
“The independence of the Judiciary means dispensation of justice without fear or favour; it postulates keeping the scales between the rich and poor, the mighty and the weak, the state and the citizen.”
Following this, Justice UU Lalit was invited to deliver the Keynote Address for the Session. Justice Lalit commenced his address by greeting everyone and congratulating the CAN Foundation for its continued efforts. He acknowledged his privilege to be talking about Late Justice Khanna in the following words:
“I feel privileged, a bit humble, to be part of this gathering and talking about Justice HR Khanna, his contributions, his role in shaping modern thought, the judicial ethos.”
Justice Lalit remembered Justice Khanna as a towering personality. He noted:
“One cannot fathom everything about Justice Khanna as he is an ocean of modern thoughts of judicial ethos.”
Quoting one of Justice Khanna’s articles, he said that:
“Democracy and the rule of law are the most important indices of a free and civilized society. They can be described as three phases of the holy trinity which preside over the destiny of all free societies.”
Justice Lalit further expressed his personal misfortune for his inability to witness Justice Khanna’s courageous actions while he was alive. He went on to recount Justice Khanna’s views on education and educational institutions:
“Justice Khanna’s voice, when it comes to the rights of minority educational institutions, has become the leading light on the point. Justice Khanna was of the opinion that educational institutions must act as the repository of the nation’s ideals and the sanctuaries of the country’s rich heritage.”
Justice Lalit went on to cherish Justice Khanna’s contributions to constitutional law. He noted that while in the present day, it is an axiom of constitutional law that the Parliament cannot amend the Constitution to destroy its basic structure, it was Justice Khanna who had laid the foundation of the theory. He reminded that the celebrated Kesavananda Bharati judgment was a big step in challenging authoritarian powers and was essential in protecting India’s constitutional framework.
Justice Lalit described Late Justice Khanna as a man who was not just a Jurist but one who knew exactly the pulse of society. To further his point, he noted that Justice Khanna’s singular vote of dissent in the ADM Jabalpur case has now galvanised every thought in India’s constitutional framework towards that direction. Referring to the KS Puttaswamy judgment, he said:
“It was only in 2017 that Justice Khanna’s dissent was formally accepted as correct by the Supreme Court and the majority’s opinion stood overruled.”
On liberty, Justice Lalit acknowledged the role of Justice Khanna in bolstering the principle of liberty and granting it paramount importance and expressed that liberty cannot be conferred on an individual in an unfettered manner and it has to be restricted when it seeks to invade into the rights of another person. In this regard, he noted:
“Real liberty is always regulated liberty. The freedom of one’s fist must end where another man’s nose begins.”
While quoting Justice Krishna Iyer, Justice Lalit asserted that Justice Khanna was an erudite Judge, a daring dissenter to sustain people’s life and liberty, whose ambition for promotion as Chief Justice gave little purchase over his diamond-heart judicial convictions.
Justice Lalit concluded his address by praising Justice Khanna in the following words:
“We have always saluted the courage of conviction of this man; his insight into every subject, and his dissent has given the guiding path. He has been the lighthouse of our ethos. We all salute him.”
Subsequent to the Keynote Address delivered by Justice Lalit, Mr. PS Narasimha took to the stage. Mr. Narasimha elaborated on the constitutional choices that Justice Khanna had adopted. He reflected on how the choices of Justice Khanna that were driven by his courage, conviction and confidence led him to finding two principles that are so intrinsically related to the principles of constitutional law we celebrate today. He elucidated on how Justice Khanna had reflected deeply in his judgements and found the principles of the Basic Structure of the Constitution & Constitutional Morality.
Mr. Narasimha referred to the landmark case of Kesavananda Bharati wherein the amendability of the Constitution was in question. He noted that it was Justice Khanna who had placed a great deal of faith in the majority of the Parliament and held that merely because they are in the position of power to amend the Fundamental Rights, it would not make their actions unconstitutional. He reminded the audience that Justice Khanna was of the opinion that persons occupying constitutional positions are bound by Constitutional Morality. He further added that Justice Khanna had held that the provisions of the Constitution were subject to amendments by the Parliament but it was bound by the principle of the Basic Structure of the Constitution as well that of Constitutional Morality.
Praising Justice Khanna, Mr. Narasimha concluded his address by stating:
“Justice Khanna’s judgments have now come to be accepted as law of the land. It is especially significant because in each of the judgements, Justice Khanna authored separate opinions laying emphasis on the interpretation of the Constitution. It is only such a man who had such great foresight, knowledge and courage that could have dissented in the ADM Jabalpur case.”
The Session concluded with Mr. Ankit Swarup (EC Member, CAN Foundation) delivering the vote of thanks. On behalf of the Foundation, he expressed immense gratitude to the Panelists for gracing the event.
The Symposium was organised with assistance from Economic Laws Practice, HSA Advocates and Lakshmikumaran & Sridharan Attorneys as the Foundation’s Effort Partners, Bar & Bench as the Media Partner, and SCC Online – Eastern Book Company, Judiciary Gold and Mansarovar Global University as the Knowledge Partners.
The Entire Session can be viewed HERE