A Legacy of Landmark Judgments and Constitutional Wisdom by Justice Sanjay Kishan Kaul
Justice Sanjay Kishan Kaul, who retired on December 25, 2023, after serving an impactful tenure of 6 years and 10 months at the Supreme Court of India, has been a pivotal figure in shaping contemporary Indian jurisprudence. His retirement marks the end of a distinguished career during which he authored 171 judgments, addressing some of the most pressing legal and constitutional issues of our time.
Chief Justice D.Y. Chandrachud, in his remarks during Justice Kaul’s farewell function, commended him for bringing a “unique blend of wisdom, compassion, and an unwavering commitment to justice” to the bench. Attorney General R Venkatramani notably praised Justice Kaul’s insightful concurring decision in the ‘In re: Article 370’ case, especially his observation on the establishment of a Truth and Reconciliation Commission, which he regarded as a significant advancement in constitutional jurisprudence.
Notable Judgments of Justice Kaul:
1.Challenge to the Abrogation of Article 370:
- Justice Kaul was a key member of the five-judge Constitution Bench that heard the challenge to the Union Government’s 2019 decision to abrogate Article 370 and the subsequent bifurcation of Jammu and Kashmir into two Union Territories.
- After 16 days of hearings, the Court’s unanimous verdict upheld both the abrogation of Article 370 and the bifurcation. Justice Kaul delivered a separate concurring opinion, differing from the majority on Jammu and Kashmir’s sovereignty. He referenced the 1959 ‘Prem Nath Kaul’ decision, asserting that some sovereignty was retained post-1947. However, he concurred that Article 370 was temporary and supported its abrogation.
- His opinion also validated Constitutional Order 272, used to abrogate Article 370, and upheld CO 273. He recommended the establishment of a Truth and Reconciliation Commission for Jammu and Kashmir, inspired by his observations of the region’s intergenerational trauma.
2.Freedom of Speech and Expression of Artists:
- Prior to his Supreme Court tenure, Justice Kaul made significant contributions to the freedom of speech and artistic expression. In 2008, he upheld painter M.F. Hussain’s freedom of expression against charges of obscenity for his painting ‘Bharat Mata’.
- In 2016, as Chief Justice of the Madras High Court, he ordered the dropping of charges against writer Perumal Murugan, whose novel ‘Mathorubagan’ had sparked controversy. Justice Kaul emphasized the state’s duty to protect freedom of speech and rejected the notion that the novel violated community standards of obscenity.
3.Compensation for Union Carbide Victims:
- In 2023, Justice Kaul led a Constitution Bench that dismissed a curative petition by the Union government seeking additional compensation for the victims of the 1984 Bhopal Gas Tragedy. He observed that the existing compensation, including a surplus, was sufficient for future claims.
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4.Recognizing the Right to Privacy:
- In the landmark ‘Justice K.S. Puttaswamy v Union of India‘ case, Justice Kaul’s concurring opinion recognized the fundamental right to privacy under the Constitution. He highlighted the need for balancing privacy with state interests in a digital society and emphasized the Constitution’s dynamic nature.
5.Marriage Equality: A Resounding Dissent:
- In a 2023 decision, the Supreme Court majority rejected a plea for equal marriage rights for sexual minorities. Justice Kaul, in his dissent, recognized the right to form a civil union for all individuals, regardless of sexual orientation and gender, challenging the exclusionary provisions of the Special Marriage Act.
Justice Kaul’s judgments have been characterized by a deep understanding of the law, a commitment to individual rights, and a willingness to address complex and often controversial issues. His tenure at the Supreme Court has been marked by judicial creativity and a steadfast commitment to upholding the Constitution. His contributions have significantly influenced the legal landscape of India, leaving a legacy that will continue to guide and inspire future generations in the legal fraternity.
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