Judiciary has been less interventionist in the last 10 years: Senior Advocate Saurabh Kirpal at ‘Ideas of India’ Summit 3.0

Senior Advocate Sankaranarayanan on electoral bonds: “It is a good judgment, and on a scale of 1-10, I would give it 8.5. It would’ve been a 10 if the Supreme Court had asked political parties to return the money.”

Saurabh Kripal on Uttarakhand Government’s Law on Live-in Relationships: I don’t know what was going on in the minds of the drafters who said it should be registered without defining what a live-in relationship is.

Two legal luminaries, Senior Supreme Court Advocate Gopal Sankaranarayanan and Senior Delhi High Court Advocate Saurabh Kirpal, debated the topic ‘How Society Changes: By Mandate or By Man?’ on the second day of the ‘Ideas of India’ Summit 3.0. Speaking during the session, they shared their views on the role of the judiciary, the Supreme Court’s decision of unanimously striking down the Electoral Bond scheme and many important and relevant topics. 

Known for offering substantial support to the petitioners’ requests, which led to the landmark verdict on decriminalizing homosexuality, Senior Advocate Saurabh Kirpal said, “The 70s was an interventionist era in the judiciary. Many including the government called out the courts for being interventionist. In the last 10 years, the judiciary has been less interventionist. The role of the judiciary is to protect the fundamental rights of citizens and not to engage in politics. When it does so, it is not being interventionist.”

Responding to the recent judgment on electoral bonds, he said, “The electoral bond judgment is a good one. The average citizen has the right to know the interplay between politics, finance, and corporates. If there is a quid pro quo, the public has the right to know about it at least.”

Adding his views on judgement on electoral bonds, Senior Advocate Sankaranarayanan said, “It is a good judgment, and on a scale of 1-10, I would give it 8.5. It would’ve been a 10 if the Supreme Court had asked political parties to return the money.”

Bringing a plethora of experience in law, Sankaranarayanan and Kirpal shared insights about the complex dynamics of societal transformation and the diverse forces at play in shaping the evolution of societies, blending legal perspectives with a nuanced understanding of individual agency. Both of them talked about the recent Uniform Civil Code Bill in the Uttarakhand Assembly, which makes it compulsory for “live-in relationships” to be registered, and welfare and progressive legislations.

Saurabh Kirpal said, “Law regulates every aspect of society, but to say law and society are interrelated is obvious. Laws are the means by which a society is governed. It is essential for the country to have a uniform civil code. Regarding the recent Uttarakhand’s Uniform Civil Code Bill that makes live-in relationships compulsory to register, I don’t know what was going on in the minds of the drafters who said it should be registered without defining what a live-in relationship is.”

Sankaranarayanan added, “It is difficult to say whether laws are progressive or not, but we do allow them to regulate every aspect of the human arena. If I look at welfare regulations like the right to education, I see that not being carried forward, and I have not seen more welfare legislation in areas like health or education in the last 10 years.”

The ABP Network’s ‘Ideas of India’ Summit 3.0, spotlighting ‘The People’s Agenda’, brought a confluence of ideas and ideators to a common platform celebrating the country’s people and its plurality. The two-day summit hosted policymakers, cultural ambassadors, industry experts, celebrities, business leaders, economists, and leading luminaries to delve into the fundamental ideas of liberty, justice, equality, and diversity that define India, its society, culture, and politics. The meaningful deliberations on diverse topics had the brightest minds across sectors providing insights about the nation’s trajectory and its journey to become Viksit Bharat.