Justice Surya Kant Reflects On A.K. Sen's Enduring Impact On Law And Society

The Lecture was delivered by Justice Surya Kant, Judge, Supreme Court of India on the topic “Advancing Justice Through The Legal Services Act And The Constitution: Overcoming Barriers To The Legal Aid”.

The lecture was preceded by an interesting interactive session centered on the life and legacy of AK Sen, celebrating his extraordinary contributions to the legal profession.

The interaction moderated by Arghya Sengupta (Director, VIDHI Centre for Legal Policty) featured Justice Dipankar Datta (Judge, Supreme Court), Justice Indira Banerjee (Former Judge, Supreme Court of India), Sr. Adv. Mahesh Jethmalani, and Sr. Adv. Sanjiv Sen.

Ashok Kumar Sen was an outstanding Indian lawyer, politician, and has been India's longest serving Union Law Minister. He served as India's Law Minister under Prime Ministers Jawaharlal Nehru, Indira Gandhi, and Rajiv Gandhi, holding office across different tenures from 1957 to 1989. Sen played a key role in shaping several legal reforms in post-independence India.

Speakers shared stories highlighting his integrity, dedication to justice, and his role in advancing legal aid in India. The lecture not only focused on his qualities but also delved into significant legal issues, particularly the importance of providing access to justice for all through legal aid, a cause AK Sen deeply championed during his career.

Significantly, while recounting a personal experience where he ruled in favor of a litigant struggling with legal expenses, Justice Dutta emphasized that the Legal Services Authority Act should ensure true access to justice. He expressed concern over the contrast between the National Legal Services Authority's limited funds for helping underprivileged litigants and its ability to host judges in five-star hotels for conferences. Justice Datta pointed out that the act's purpose risks becoming symbolic if such spending priorities aren't aligned with its mission.

Another important aspect highlighted by Justice Dutta was that, in general practice, either the senior-most puisne judge or the next senior-most judge is appointed as the Executive Chairman of Legal Services Authorities. As a result, they do not get sufficient time to implement any ideas into action, as they are often elevated within a few months.

Former Judge, Justice Indira Banerjee fondly remembered Ashok Sen as a brilliant legal mind with a photographic memory and a kind heart. Reflecting on the effective implementation of the Legal Services Authority Act, she stressed that those responsible for leading legal authorities must have the will to act and the drive to innovate. Justice Banerjee emphasized that only through such proactive leadership can the true purpose of legal aid be fulfilled.

Senior Advocate Mahesh Jethmalani advocated for all senior advocates across the country to actively engage in pro bono work. He proposed that they should be required to represent individuals in need in at least one trial and one appeal each year.

Senior Advocate Sanjiv Sen shared memories of his granduncle, Ashok Sen, recalling their regular Friday meetings, Ashok Sen's family life, and his passion for reading. He mentioned about Ashok Sen's love for rosgullas and reflected on the landmark cases he worked on. Sanjiv Sen also spoke about his grand uncle's remarkable private law library, one of the largest in the world, filled with rare collections. 

Post this, Justice Surya Kant spoke and began by expressing his deep connection to Bengal and his love for its language and culture, emphasizing the impact Sen had on his life.

He then highlighted several significant cases in which Sen was involved, illustrating his contributions to the Legal Services Act as a parliamentarian, evolution of this idea and its personification. He shared his experiences as a member of NALSA from 2007 to 2011, during which he had the opportunity to work on various welfare schemes. He further talked about the potential for effective initiatives to reach out to the common man, particularly those below the poverty line, and said that much can be accomplished in this area.

Justice Kant highlighted AK Sen's contributions extending beyond legal aid to various fields, including the empowerment of the judiciary. Sen's staunch support for the independence of the judiciary and his role in enactment of the 15th Constitutional Amendment of 1963, which he drafted. This amendment to Article 226 of the Constitution addressed the challenges faced in cases where part of the cause of action arose within the jurisdiction of one High Court while another part arose in a different High Court.

Additionally, he recounted the private member bill introduced in Parliament in 1963, which sought to restrict the powers of the Supreme Court and High Courts regarding election disputes. Sen had vehemently opposed this bill, standing firm against any legislative intervention that might impede the judiciary, leading eventually to the bill's failure.

Justice Kant also mentioned Sen's significant contributions to women's empowerment, particularly through his involvement in two key acts: the Dowry Prohibition Act of 1963 and the Muslim Women (Protection of Rights on Divorce) Act of 1986, both enacted during his tenure as Law Minister.

Furthermore, he noted that the concept of a Lokpal, or a constitutional ombudsman to oversee the functioning of public authorities, was first proposed by Sen in the 1960s. During his tenure as Law Minister, the Anti-Defection Law was also passed, along with the Advocates Act of 1961. Justice Kant remarked on how Sen emphasized the need for a clear demarcation of the functions of constitutional authorities, including Governors and the State.

Concluding, Justice Kant stated, “A.K. Sen's life stands as a testament to the highest ideals of the legal profession—a visionary lawyer, a skilled statesman, and a true gentleman of the bar.”

Amidst a gathering of senior advocates, lawyers, students, and others, Justices Hrishikesh Roy, K.V. Viswanathan, and N. Kotiswar Singh (Judges of the Supreme Court), along with Attorney General R. Venkataramani and other High Court judges, attended the event.

Watch the event here