Professor Krishan Mahajan Lecture Series

Report on Special Lecture Series by Professor Krishan Mahajan, Senior Advocate, The Supreme Court of India & Former Dean, NLU, Orissa and RGNUL, Patiala. (26^th– 28^th November)

A Special Lecture Series on “Constitutionalism, Jurisprudence, and Contemporary Legal Challenges” was conducted from 26^th-28^th November at the TJA Classroom, National Law University, Tripura. The lectures were delivered by Professor Krishan Mahajan, Senior Advocate, Supreme Court of India, and coordinated by Dr. Jayanta Dhar, Assistant Professor (Law), along with Mr. Nehru, Ph.D. Scholar(Full-time). Over the three days, Professor Mahajan engaged LL.M. and B.A. LL.B. (5^th Semester) students in a profound and interdisciplinary study of constitutional philosophy, foundational theories of law, judicial interpretation, and the functioning and distribution of constitutional power in India.

Day 1- 26^th November 2025

Theme: Deconstruction of Law, Interdisciplinary Learning, and Scientific Temper– Professor Krishan Mahajan commenced the lecture series by critically deconstructing the conventional understanding of law. He asserted that law neither exists in isolation nor functions in a vacuum. In a jurisprudential sense, he described law as a parasite– one that derives its meaning, substance, and normative content from society, politics, economics, history, philosophy, and other social sciences. Law, therefore, is dependent upon and shaped by these disciplines, rendering it inherently interdisciplinary in nature and inseparable from the social conditions it seeks to regulate.

He explained that the true value of legal education lies in the cultivation of an analytical and critical mind, which enables students to approach legal problems with patience, precision, and intellectual discipline. According to him, one of the greatest strengths of a law graduate is the capacity to think logically, contextually, and ethically, while appreciating the broader social, constitutional, and moral dimensions of law. A significant portion of the lecture focused on Article 51A(h) of the Constitution of India, which mandates the duty of every citizen “to develop scientific temper, humanism, and the spirit of inquiry and reform.” Professor Mahajan highlighted that:

• Scientific temper must be accompanied by humanism;
• Citizens must inquire into social realities, question existing practices, and understand the ground-level problems of the country;
• True reform can only occur when inquiry leads to rational and humane solutions.

He stressed that India’s challenges-social, technological, and legal- must be addressed through a scientific yet compassionate approach, rooted in constitutional values.

The lecture also addressed emerging technologies such as Bioengineering, Artificial Intelligence, Robotics, and Data Analysis, and the legal challenges associated with them. Professor Mahajan remarked that India is inevitably moving towards a technology-driven society, and the law must adapt accordingly. He cautioned students on the importance of continuous learning, stating that legal professionals who fail to update their knowledge risk becoming irrelevant. He memorably remarked that intellectual stagnation leads to extinction, akin to dinosaurs. Further, he introduced Marxism both as a political ideology and as a scientific method of understanding society. He critically discussed the weak enforcement of contracts in developing nations, noting that it remains a significant concern raised by international organizations.

Day 2 – 27^th November, 2025

Theme: Constitutional Interpretation, Judicial Creativity, and Reading of Judgments– On the second day, Professor Mahajan introduced the idea that the new language of law is mathematics, signifying precision, structure, and analytical reasoning in modern legal interpretation. He discussed Article 253 of the Constitution, stating that very few constitutions in the world confer such extensive powers upon the legislature to implement international treaties and obligations. A major focus was laid on judicial creativity and law-making by the Supreme Court, with reference to landmark judgments such as the Vishaka case, where the Court framed guidelines to address sexual harassment at the workplace in the absence of legislation. These judicial directions later evolved into statutory law, such as:

• The POSH Act,
• Environmental laws,
• Disability rights legislation, and
• Compensation jurisprudence.

He explained how the Supreme Court has often legislated in areas such as arbitration and environmental compensation to fill legislative gaps. Professor Mahajan elaborated on Article 32, describing it as the heart of the Constitution and the guaranteed remedy for enforcement of Fundamental Rights. He emphasized that the Supreme Court has a constitutional duty to enforce these rights. The lecture also included an in-depth discussion on the Preamble, with each word analysed in its constitutional context. Students were guided on:

• How to read judgments holistically,
• The importance of understanding statutes as a whole,
• The role of the definition clause as the dictionary of an Act, and
• The importance of context in statutory interpretation.

He explained Socialism as a balanced concept between the extremes of communism and capitalism, citing European welfare states as successful models.

Day 3- 28^th November, 2025

Theme: The Constitution as a Document of Power and Governance– On the final day, Professor Krishan Mahajan conceptualised the Constitution of India as a document of power, regulating and structuring the relationship between the State and its constitutional institutions. He emphasized that the Constitution not only distributes power but also places limitations and accountability mechanisms on its exercise. He explained the constitutional scheme of legislative and executive authority with reference to:

• Articles 245 and 246, which determine legislative competence and distribution of law-making powers between the Union and the States, particularly highlighting the Union’s authority over subjects enumerated in List I of the Seventh Schedule;
• Article 73, which defines the extent of the executive power of the Union and clarified that such executive power extends to all matters with respect to which Parliament has the power to make laws.

Professor Mahajan elaborated that, except where the Constitution expressly mandates action “by law”, executive action and rule-making are constitutionally valid and sufficient. However, where the phrase “by law” is used, legislative enactment by Parliament becomes mandatory. He thus emphasised that while the executive possesses wide functional authority, legitimate law-making power ultimately rests with the legislature. He further highlighted that a substantial part of governance in India is carried out through executive action rather than formal legislative enactments, particularly in the form of welfare schemes and administrative policies formulated and implemented by the executive.

Referring to Article 77(3), Professor Mahajan explained the constitutional mechanism of the Allocation of Business Rules, illustrating how:

• Ministries and departments are constituted,
• Portfolios are allocated among Ministers, and
• Governmental business is distributed and transacted among various ministries.

In this context, he observed that the bureaucracy, especially the Indian Administrative Service (IAS), plays a pivotal role in the daily administration and governance of the country, primarily through the execution of policies and schemes.

Professor Mahajan then outlined the system of constitutional checks and balances governing the exercise of State power:

1. The first check is whether any action violates Fundamental Rights;
2. The second check is whether the concerned legislature possessed the competence to enact the law; and
3. The final check lies with the judiciary, which examines whether legislative or executive action infringes constitutional limits, particularly Fundamental Rights.

He explained the Doctrine of Checks and Balances as the cornerstone of constitutionalism, ensuring that no organ of the State legislative, executive, or judicial exceeds its constitutional authority. Institutions such as legal aid frameworks, supervised and guided by the judiciary, were highlighted as illustrations of constructive and rights-based governance. He concluded the lecture by observing that the majority party functions as the manager of the State, exercising control over resources and governance under Lists I and III of the Seventh Schedule. However, such power is always subject to constitutional discipline, with the judiciary remaining the ultimate guardian and interpreter of the Constitution.

Conclusion

The lecture series was academically enriching and intellectually stimulating. It provided students with a comprehensive understanding of constitutional law, governance, judicial responsibility, and interdisciplinary legal thinking. The seminar reinforced the idea that knowing the Constitution is essential to understanding power, accountability, and democracy. Professor Mahajan concluded by observing that the strength of Indian constitutional democracy ultimately depends on the quality of its law students, teachers, judiciary, and legal institutions.