National Conference on 50 Years of Constitutional Dissent: Revisiting Justice H.R. Khanna’s Legacy by NLU Odisha: Submit by Nov 14

About National Law University Odisha

National Law University Odisha (NLUO), Cuttack, was established under Act 4 of 2008 by the Odisha State Legislature. The University aims to advance learning, teaching, research and the dissemination of knowledge in the field of law. It also seeks to cater to the needs of society by developing the professional skills of individuals pursuing careers in advocacy, judicial services, legal services and related fields.

NLUO is committed to providing an academic environment in which excellence remains the foremost priority. In keeping with this vision, the University has established dedicated research centres and societies to promote research across various legal fields.

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The Constitutional Law Society of National Law University Odisha was established in 2018 to provide a platform for public discourse and deliberation on constitutional law. The Society seeks to facilitate intellectual engagement and shape discussions on significant and contemporary constitutional issues through scholarly research, public lectures, seminars, independent projects, conferences and collaborations with institutions and individuals engaged in constitutional studies.

About the Conference

Dissenting opinions have played an important role in the development of Indian constitutional law. Although dissenting opinions do not form part of binding judgments, several have subsequently influenced constitutional doctrine and the interpretation of fundamental rights. From Justice Fazl Ali’s opinion in A.K. Gopalan and Justice Subba Rao’s observations in Kharak Singh to R.C. Cooper, Maneka Gandhi and Puttaswamy, dissent has frequently offered alternative interpretations of the Constitution.

The Conference will examine constitutional dissent in the context of individual liberty and State power, with particular emphasis on Justice H.R. Khanna’s dissent in ADM Jabalpur. Justice Khanna’s opinion challenged the position that the right to life and personal liberty could be suspended during an Emergency and emphasised that the rule of law could not be displaced by executive power.

His dissent, subsequently recognised as a significant constitutional statement on liberty, continues to inform discussions on judicial independence, individual rights and the limits of State authority.

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The discussions will address the rule of law, preventive detention, political dissent, protest, sedition and its successor provisions, the Unlawful Activities (Prevention) Act (UAPA), bail and internet shutdowns. The Conference will also examine dissent in constitutional design, including judicial appointments, legislative procedure, executive power and the limits of judicial deference.

Eligibility

The Conference is open to:

• Undergraduate and postgraduate students;
• Doctoral and research scholars;
• Academicians;
• Legal practitioners;
• Policymakers; and
• Other interested individuals.

Theme and Sub-Themes

The central theme of the paper presentation is:

“50 Years of Constitutional Dissent: Revisiting Justice H.R. Khanna’s Legacy”

The proposed sub-themes are as follows:

I. Justice H.R. Khanna’s Dissent and Liberty: The Citizen, the State, and the Right to Dissent

• ADM Jabalpur revisited: Executive emergency powers, Article 21, habeas corpus and judicial independence during emergencies.
• The citizen’s right to protest: Freedom of speech, assembly, internet shutdowns and the test of reasonable restrictions under Article 19.
• Justice in times of State crises: Protection of personal liberty and human rights during emergencies, due process, pre-trial detention, sedition and anti-terror laws.

II. Vindicated Dissents and the Evolution of Constitutional Doctrine

• From dissent to doctrine: Evolution of judicial dissents into binding legal precedents.
• The road to Kesavananda Bharati: Early judicial doubts in Sajjan Singh, Golak Nath and the scope of the amending power.
• Fundamental Rights versus Directive Principles: Judicial dissents on Article 31C and constitutional balance.
• Dynamics of judicial precedent: Factors and conditions under which minority opinions overrule or reshape established doctrine over time.

III. Dissent in Constitutional Thought: Who Dissenters Are, Where Dissent Lives, and What It Means

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• Dissent in the making of the Constitution: Constituent Assembly debates and minority voices on rights, federalism and emergency powers.
• Civil disobedience and constitutional order: Gandhian satyagraha and the distinction between lawful protest and unlawful resistance.
• Dissent within the legislature: The role of the Opposition, suspension of Members and disruption of Parliament.
• Theorising dissent: Agonistic and deliberative democracy, the role of dissent in democratic legitimacy and the idea of “constitutional patriotism”.

Note: The sub-themes and topics are indicative and not exhaustive. Participants may explore other topics, provided they relate to dissent and the broader theme of the Conference.

Panel Discussions

The Conference will feature two panel discussions:

Panel I: 50 Years of Constitutional Dissent: Revisiting Justice H.R. Khanna’s Legacy

The discussion will revisit Justice H.R. Khanna’s judgment in ADM Jabalpur v. Shivkant Shukla, examining its implications for individual liberty during the Emergency and the responsibility of the judiciary when constitutional rights are under threat.

Panel II: Democracy, Dissent and Judicial Decisions

The discussion will explore the role of dissenting opinions in shaping constitutional jurisprudence, democratic accountability and individual rights. It will also examine how judicial disagreement contributes to the development of constitutional principles.

Submission Categories

Participants may submit abstracts and research papers for presentation. Individuals who wish to attend the Conference without presenting a paper may register as attendees.

Formatting Guidelines

The submission requirements are as follows:

Abstracts and research papers must comply with the prescribed font, spacing, citation and originality requirements specified in the Conference brochure.

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Submission Guidelines

• All submissions must be original and unpublished.
• Abstracts and research papers must be submitted through the designated Google Form.
• Research papers must have a similarity index not exceeding 15%.
• Submissions must comply with the applicable NLUO Law Journal Policy on Generative AI and AI-Assisted Technologies.

Registration Fees

The registration fees are as follows:

Presenter registration includes registration kits, lunch and refreshments for both days. Attendee registration includes lunch and refreshments.

Participants attending the Conference offline must arrange their own accommodation.

Registration Process

Following the selection of abstracts, paper presenters must:

1. Pay the applicable registration fee.
2. Complete the registration form.
3. Upload the payment receipt.

Attendees must also complete the designated registration process.

Payments must be made through the ICICI Eazypay portal, in accordance with the instructions provided in the Conference brochure.

Important Dates

Submission Procedure

Click Here To Submit.

Abstracts and research papers must be submitted through the designated Google Form in the prescribed file format.

Authors whose abstracts are selected must complete the registration process and upload the payment receipt within the stipulated deadlines.

Contact Information

For queries regarding submissions, registration or the Conference, participants may contact:

Email: [email protected]

Student Coordinators:

• Astha Samal: +91 7225020390
• Prathiksha Gowda: +91 7349722066
• Manasvi Singh: +91 7839961279
• Mahi Jain: +91 9893351598

Official Links

• Abstract Submission Link is here.
• Registration Link is here.
• Attendees Form is here.
• Payment Portal is here.
• The brochure is here.