His dissent in ADM Jabalpur was the lighthouse for future generations of judges: Justice UU Lalit on Justice HR Khanna

Supreme Court Judge, Justice UU Lalit hailed the immense contributions made by Justice HR Khanna to Constitutional law, democracy and free society, observing that his sole dissent in the ADM Jabalpur case now serves as a guide for future Judges. .Justice Lalit made the observation during his keynote address at a symposium organised by the CAN Foundation in partnership with National Law University, Jodhpur and Gujarat National Law University (GNLU)..During the course of his address, Justice Lalit recounted that it was only in 2017, while deciding the Puttaswamy case (which held that the right to privacy is a fundamental right) that the Supreme Court formally acknowledged that Justice Khanna's sole dissent in the case of ADM Jabalpur v. Shivkant Shukla was correct and overruled the majority opinion as seriously flawed. .By his dissenting opinion, Justice Khanna had held that Article 21 of the Constitution of India (right to life and personal liberty) could not be suspended during an Emergency. .Since then, Justice Lalit noted that similar thoughts have been expressed in other judgments including those by Justice (now retired) RF Nariman and Justice Sanjay Kishan Kaul. .Justice Lalit went on to remark,"This is what the contribution of this man is. One singular vote of dissent now has galvanized every thought in that direction...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 in succeeding generations of judges. We all salute him.".He recounted how Justice Khanna had written that liberty, democracy and the rule of law were the most important indicators of a free and civilised society. This trinity is reflected in his judgments as well, Justice Lalit remarked. .Justice Lalit also expressed admiration for the ways in which Justice Khanna has described how a judge feels in performing his role."He again says in an article:'We must always remember that the thoughts of great men of law are not windfalls of inspiration, they are the product of years of contemplation and brooding. It was said of a great judge that the anguish which preceded his decisions was apparent, for again and again, like Jacob, he had to wrestle with the angel all through the night; and he wrote his opinions with his very blood But when once his mind came to rest, he was as inflexible as he had been uncertain before.'"What a beautiful way to describe what the Judge actually feels when he is writing a judgment. A lot of uncertainties in his mind, but finally when he pens down his thought, that's where certainty comes in," Justice Lalit observed. .Referring to another landmark judgment in Kesavananda Bharati v. State of Kerala, in which Justice Khanna was the tie-breaker and in which it was ultimately held that laws cannot be introduced to infringe the basic structure of the Constitution, Justice Lalit added, "The judgment in that case gave a big blow to the authoritarian powers.".As regards the Justice Khanna's prophetic and far-sighted views on the Constitution, Justice Lalit recounted that the late judge had viewed it as a the vehicle of a nation's progress which is expected to provide a considered response to the needs of the present and to possess enough resilience to cope with the demands of the future. .Among other issues, Justice Lalit also spoke in some detail of Justice Khanna's views on the ideal limits of liberty. In this regard, it was recounted that Justice Khanna had opined that while unchecked, unlimited freedom would lead to social chaos, there must be an area where man must have freedom without interference by the State."We cannot remain absolutely free but must give up some liberty to preserve the rest, but total self-surrender is self-defeating. Then what must the minimum standard be? That which man cannot give up without offending the essence of human nature," Justice Lalit said, recounting Justice Khanna's views on the issue. .Justice Lalit added, "This shows what must have weighed with Justice Khanna when he gave his dissenting note in ADM Jabalpur. That divine perception of what life is, what man lives for, the minimum he must be guaranteed - these are beautiful thoughts which perhaps guided the great soul.".Justice Khanna had cautioned that the government's actions may lapse into tyranny unless it is accompanied by the recognition that there are certain basic rights possessed by all citizens, good or bad, even the crooks, scoundrels, criminals, it was recounted. "There are some rights inherently in all, because of their being human. These rights are inalienable because the enlightened conscience of the community would not permit the surrender of these rights by any citizen," Justice Lalit explained..As his keynote address drew to a close, Justice Lalit recalled how Justice Khanna's convictions and moral courage took precedence over any ambition to obtain the post of Chief Justice of India, a post he was looked over for on account of his dissent in the ADM Jabalpur case. ."In the words of Justice Krishna Iyer, 'Justice Khanna was an erudite judge, a daring dissenter to sustain people's life and liberty, a gracious brother on the Bench whose ambition for promotion as Chief Justice (was not above) his diamond heart and judicial convictions'", Justice Lalit said. .Senior Advocate PS Narasimha, Vice-Chancellor of NLU Jodhpur Prof Poonam Saxena, and Vice-Chancellor of GNLU Prof S Shanthakumar, also spoke earlier in the session. Introductory addresses were made by Siddharth Gupta, CEO, CAN Foundation and Manu Maheswari..[Watch the Full Session].[Read a live-account]