Dr. Abhishek Manu Singhvi Delivers Four Lectures At Harvard University And The Fletcher School

Professor C. Raj Kumar observed, “This visit of Dr. Singhvi to the USA under the aegis of O.P. Jindal Global University and Jindal Global Law School is part of an effort to engage with many of our leading partner institutions in the USA on issues relating to law and justice. The larger goal was to promote the vision and contributions India’s leading legal and governance institutions to the advancement of the rule of law and promotion of access to justice in the last 75 years since our independence. While the entire tour was across six cities where Dr. Singhvi delivered 15 lectures in 10 universities, we just completed the Boston leg of the visit where he delivered four lectures. These lectures were delivered at The Fletcher School, Tufts University, Harvard Law School, Harvard Kennedy School and at the Harvard Faculty Club.”

The lectures touched upon three major themes, “India at 75: The Future of Law and Justice in the World’s Largest Democracy”, “The India Supreme Court at 75: Protecting Rights, Expanding Freedoms, and Empowering Citizens” and “Same-Sex Marriage in India: In the pursuit of Equality and Justice by the Supreme Court of India”. These themes have become extremely relevant given the present legal landscape in light of the recent judgment by the Indian Supreme Court on the constitutionality of same-sex marriages in India.

The first lecture took place at The Fletcher School, Tufts University where Dr. Singhvi gave his views on “India at 75: The Future of Law and Justice in the World’s Largest Democracy”. This lecture covered the historical evolution of India and its institutions from the pre-independence era to the current period. Dr. Singhvi reflected on India’s remarkable journey as a democratic nation and the significant contribution of the Indian legal system in providing a fillip to the constitutional ideals. He highlighted the historical perspective by acknowledging the unique position of India as a thriving democracy amongst the pool of post-colonial nations, attributing it to a combination of factors, prominently the leadership of Jawaharlal Nehru and Mahatma Gandhi in guiding India during the freedom struggle and in the formative years of Independence.

He identified various pillars of Indian democracy including institutional and non-institutional elements which have helped to sustain its democratic ideals. They are the Parliament, the Judiciary and organisations like the Election Commission of India, the Comptroller and Auditor General, and the ideals enshrined in the Constitution such as secularism, federalism and equality which provide legal protection and recognition to it. He traced the evolution of the Indian Judiciary, recounting instances and periods from a passive, positivist to an assertive guardian of fundamental rights and public interest.

While speaking about the prospects for the future, he mentioned India’s burgeoning demographic dividend and the transformations in the economic and social institutions as they will help in the progression of law and justice throughout the nation.

Dr. Singhvi identified the roadblocks in the Indian legal system preventing them to reach their fullest potential and efficiency, namely, the increasing vacancies in the judiciary, lack of consultation with the judiciary by the legislature at the time of approval of legislatures which can result in a surge of litigation, the time-consuming judicial decision-making process which results in significant delays, and the lack of a transparent mechanism to address the issue of judicial integrity.

While talking about the future trends in the legal profession, he acknowledged the transformative impact of technology in the legal industry including automated solutions, artificial intelligence and robotic process automation.

Lastly, he observed the foreign policy shifts taking place under the leadership of the current Prime Minister Shri. Narendra Modi. He cautioned and urged that India should maintain its independence to not compromise on the long-term foreign policy objectives.

While delivering the lecture on “The Indian Supreme Court at 75” at the Harvard Law School, Dr. Singhvi highlighted the intertwined nature of rights, freedoms, and the protection of citizens in the Indian Constitution. He observed that these components are interdependent, therefore it is pertinent to address them collectively and not in silos as they reinforce one another in a meaningful manner. He highlighted the pivotal role played by the Indian Supreme Court in harmonising these aspects. He says, “For 75 years, the Indian Supreme Court has been the unwavering sentinel, guarding the rights of citizens, expanding freedoms, and, above all, preserving the essence of democracy.”

While reflecting on the historical evolution of the Supreme Court, Dr. Singhvi mentioned a few crucial features. First, the Supreme Court has played a dual role both as an Appellate Court and a Constitutional Court, which has not only allowed it to serve the common man but also at the same time address complex legal matters. Second, post the emergency, the Supreme Court has embraced on judicial activism, thereby broadening its power of judicial review. He mentioned various landmark decisions of the Apex Court such as the declaration of constitutional amendments as unconstitutional in the Keshvananda Bharti case, affirmation of third-gender status to transgenders, establishment of the Right to Privacy as a fundamental right in the Puttaswamy Case, decriminalisation of adultery in the Joseph Shine case or deeming the Triple Talaq as unlawful and upholding the rights of equality of Muslim women.

While celebrating the Indian Supreme Court's successes, Dr. Singhvi also raised concerns about the rising challenges such as growing criminalisation in public life and rampant corruption, both within and outside the system. Dr. Singhvi concluded his address by emphasizing the critical need to safeguard the independence and institutional integrity of the Indian Supreme Court.

While delivering a lecture at Harvard Kennedy School, Dr. Singhvi covered a variety of topics on constitutional law including same-sex marriage and the potential for judicial interpretation to replace legislative action in recognising such unions. The petitioners' attorney, Dr. Singhvi, also highlighted the importance of this case and its ruling. According to him, "Article 21 of the Indian Constitution enshrines the fundamental right of dignity—namely, the ability to join in marriage on equal terms. Exclusionary paradigms frequently convey to the general public a false impression of these people's value as full members of society."

Additionally, Dr. Singhvi emphasized how Article 14 of the Constitution forbids discrimination and the exclusion of same-sex couples from registering their marriages. He asserted that discrimination based on gender is violative under Article 15 of the Constitution. The Special Marriage Act (SMA) served as the foundation for his arguments before the Apex Court. This Act was created with the goal of embracing all individuals, regardless of gender or sexual orientation. He made it clear that it would not be adequate to acknowledge the right to cohabitation alone as he had no intention of interfering with religious or personal laws.

Dr. Singhvi also pointed out that a small technical glitch or a heteronormative rule shouldn't be enough justification for denying same-sex couples the advantages of the SMA. He contended that the SMA's inclusion of same-sex weddings should have no bearing on the laws against adultery, rape, sodomy, and bestiality, which are meant to safeguard women in heterosexual marriages.

Dr. Singhvi pointed out that the recent Supreme Court decision recognised the importance of giving equal rights and opportunities to every individual regardless of their sexual orientation or gender identity. He said that denying same-sex couples the right to marry is a violation of their fundamental right to dignity. He asserted that the right to civil union, adoption and the right to marry for transgender persons are rights that must be recognised. This right of recognition, form unions and inclusion of diverse family structures is a significant step towards creating an inclusive society.