Justice HR Khanna Is An Ocean Of Modern Thoughts Of Judicial Ethos: Justice UU Lalit
Supreme Court Judge, Justice UU Lalit recently remembered and commended the contributions of Justice HR Khanna to constitutional law as he noted that it was Justice Khanna, who had laid the foundation of the theory of Basic Structure. "One cannot fathom everything about Justice Khanna as he is an ocean of modern thoughts of judicial ethos," said Justice Lalit as he called Justice Khanna...
Supreme Court Judge, Justice UU Lalit recently remembered and commended the contributions of Justice HR Khanna to constitutional law as he noted that it was Justice Khanna, who had laid the foundation of the theory of Basic Structure.
"One cannot fathom everything about Justice Khanna as he is an ocean of modern thoughts of judicial ethos," said Justice Lalit as he called Justice Khanna a towering personality.
Justice Lalit made these observations while delivering his keynote address at a symposium organized by CAN Foundation, in partnership with National Law University, Jodhpur & Gujarat National Law University, Gandhinagar.
The symposium-'1st Justice HR Khanna Memorial National Symposium' was organized to commemorate the august persona of Late Justice HR Khanna.
Importantly, Justice Lalit described Justice Khanna as a man who was not just a Jurist but one who knew exactly the pulse of society.
He further went ahead to note that Justice Khanna's singular vote of dissent in the ADM Jabalpur case has now galvanized every thought in India's constitutional framework towards that direction.
It may be noted that in ADM Jabalpur, Justice Khanna had, in his dissent note, held that a citizen's right to approach the Courts could not be suspended even during an Emergency.
While expressing his personal misfortune for his inability to witness Justice Khanna's courageous actions while he was alive, Justice Lalit went on to recount Justice Khanna's views on education and educational institutions in the following terms:
"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."
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."
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."
Senior Advocate PS Narasimha, who was also a panelist in the Session, 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 also reminded the audience that Justice Khanna was of the opinion that persons occupying constitutional positions are bound by Constitutional Morality.
Senior Advocate PS Narasimha, Prof. (Dr.) Poonam Saxena, VC of NLU, Jodhpur, and Prof. (Dr.) S Shanthakumar, VC, GNLU, also spoke in the session. The introductory addresses were made by Siddharth Gupta, CEO, CAN Foundation and Manu Maheswari (Secretary, CAN Foundation).
Youtube link for the session