Justice Hans Raj Khanna, one of the most illustrious judges in the history of the Indian judiciary, left an indelible mark on the legal landscape of the nation. His life and achievements are a testament to his unwavering commitment to justice, independence, and the rule of law. Here we explore the remarkable life and exceptional contributions of Justice Hans Raj Khanna to the field of law and to the ideals of democracy and justice.
Early Life and Education of Justice H.R. Khanna
Hans Raj Khanna was born on 03 July 1912, in Amritsar, Punjab, into a family of lawyers. His father, Sarb Dayal Khanna, was a renowned lawyer, and his grandfather, Munshi Jagan Nath, was a prominent judge. From an early age, Justice Khanna was exposed to the legal profession’s intricacies and principles. He pursued his higher education in law at Government College, Lahore. Justice Khanna married Uma Mehra in 1934 at the age of 22.
Author of The Basic Structure Doctrine
Justice Hans Raj Khanna played a pivotal role in the development of the Basic Structure Doctrine through his judicial opinions and contributions during a critical period in Indian history. While he is not the sole architect of the doctrine, his significant role in upholding the doctrine and his dissenting opinion in the landmark case of ADM Jabalpur v. Shivkant Shukla (1976) are noteworthy. Here’s an overview of his contribution to the Basic Structure Doctrine:
- Kesavananda Bharati Case: The Kesavananda Bharati case is widely regarded as the most significant constitutional case in India’s history. The central issue in this case was whether the Parliament had unlimited powers to amend the Constitution or if there were inherent limitations on its amending authority, particularly concerning the Constitution’s basic structure. Justice Khanna, in his opinion, argued that while Parliament had the power to amend the Constitution, it could not destroy or alter its basic structure. He firmly believed that certain fundamental features of the Constitution, such as democracy, the separation of powers, judicial review, and individual rights, were immune to constitutional amendments. This was a groundbreaking assertion that laid the foundation for the Basic Structure Doctrine.
- Protection of Individual Rights: Justice Khanna’s opinion in Kesavananda Bharati underscored the importance of protecting individual rights and freedoms as an integral part of the Constitution’s basic structure. He contended that any amendment that abrogated or damaged these rights would violate the Constitution’s basic structure.
- Upholding the Rule of Law: Justice Khanna’s opinion emphasized the need to preserve the supremacy of the Constitution and the rule of law. He believed that if Parliament were allowed to amend the Constitution arbitrarily, it would undermine the very essence of democratic governance and constitutionalism.
- Moral and Judicial Courage: Justice Khanna’s courageous opinion in Kesavananda Bharati came during a time of political turmoil in India, with the government of Prime Minister Indira Gandhi seeking to expand its powers significantly. Despite facing potential repercussions, including the risk of being passed over for the position of Chief Justice of India, he stood firm in his belief in the constitutional principles of justice and the rule of law.
While the majority opinion in the Kesavananda Bharati case held that there were no inherent limitations on Parliament’s amending power, it was Justice Khanna’s propounding opinion that laid the groundwork for the Basic Structure Doctrine. Subsequently, in the Minerva Mills case (1980), the Supreme Court explicitly endorsed and expanded upon the Basic Structure Doctrine, affirming the idea that certain essential features of the Constitution were beyond the scope of amendment.
Other Notable Achievements and Contributions
- Defender of Civil Liberties: Justice Khanna earned a reputation as a defender of civil liberties and fundamental rights during his tenure as a judge. His judgments consistently reflected his unwavering commitment to the Constitution’s values and principles.
- Landmark Judgments: One of his most notable judgments came in the case of State of Uttar Pradesh v. Raj Narain (1975), wherein he declared the election of Prime Minister Indira Gandhi to be null and void due to electoral malpractice. This judgment, delivered during a time of political upheaval, showcased his impartiality and commitment to upholding the rule of law.
- Protection of Judicial Independence: Justice Khanna played a pivotal role in safeguarding judicial independence, particularly during the period of the Emergency in India (1975-1977). In a historic dissenting opinion in the case of Additional District Magistrate, Jabalpur v. Shivkant Shukla (1976), he asserted that the right to life and personal liberty could not be suspended even during a state of emergency. This courageous stand against the government’s authoritarian measures cost him the position of Chief Justice of India but earned him immense respect and admiration from legal scholars and civil society.
- Advocacy for Judicial Transparency: Justice Khanna consistently advocated for transparency in judicial appointments and the functioning of the judiciary. His recommendations and insights have been instrumental in shaping discussions on judicial accountability and reform in India.
Legacy and Recognition
Justice Hans Raj Khanna’s legacy is built on his unyielding commitment to justice, the rule of law, and judicial independence. His stand during the Emergency, where he upheld the primacy of fundamental rights and civil liberties, remains a shining example of moral and judicial courage.
His contributions to the Indian legal system and democratic principles have been widely acknowledged. In 1999, the Government of India honoured him with Padma Vibhushan; the country’s second highest civilian honour. Various other awards, scholarships, and institutions have been established in his honor to commemorate his profound influence on Indian jurisprudence.
Conclusion
Justice Hans Raj Khanna’s life and achievements serve as an enduring inspiration for those who believe in the supremacy of justice, the rule of law, and the unwavering commitment to constitutional principles. His legacy reminds us that judges, like Justice Khanna, can become pillars of justice, even in the face of adversity. His impact on the Indian judiciary and his contributions to upholding the sanctity of democratic institutions continue to be celebrated, and his name remains synonymous with moral courage and judicial integrity.