CJI Surya Kant says Bar indispensable in upholding Constitution, rule of law

Chief Justice of India Surya Kant, on Wednesday (November 26), said the Bar occupies an indispensable place in fortifying the rule of law and upholding the sanctity of the Constitution.

Addressing a gathering at a Constitution Day function organised by the Supreme Court Bar Association, he stressed the importance of the Bar in providing legal aid to the vulnerable and the marginalised.

He further noted that the judiciary had repeatedly acknowledged the invaluable role of the Bar in safeguarding its virtues.

Courts safeguard Constitution

In the event, Justice Kant said, "When we celebrate the pivotal moment when the people of India gifted unto themselves their most fundamental covenant, I stand before you and must emphasise that the Bar occupies an indispensable place in fortifying the rule of law and upholding the sanctity of our Constitution".

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"I do not hesitate in saying that if the courts are regarded as the sentinel of the Constitution, then the members of the Bar are the torchbearers who illuminate our path. They help us discharge our solemn duty with clarity and conviction," he added.

It is to be noted that November 26 has been observed as Constitution Day since 2015 to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949. The day was earlier observed as Law Day.

Invisible victims

He said he often speaks about the invisible victims of the judicial system, and it is his sincere belief that only the Bar can rescue them from such agony.

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"Your perspectives matter profoundly, and the seriousness with which you engage in your craft directly influences the transformation of our constitutional future," he noted. He added that, "In addition to assisting us in constitutional matters, it is equally vital that the Bar collectively takes purposeful strides towards exposing the letter and spirit of our fundamental document. This includes providing legal aid to those who are vulnerable or living at the margins of society, as well as aligning oneself with the vision embedded in the Directive Principles of State Policy".

'Judiciary is independent'

According to Solicitor General Tushar Mehta, the beauty of the Constitution is the three wings, the judiciary, the executive and the legislature. They are independent of each other, and at the same time, there is an internal check and balance.

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"If the executive does something that conflicts with the Constitution, the judiciary has supremacy. But eventually, no organ is supreme or sovereign, and it is only the Constitution that is supreme and sovereign. We must also remind ourselves that whenever either the legislature or the executive deviated from the path of constitutional morality or constitutional ethos, the Judiciary as an institution has stepped in and the judiciary has played a very major role in ensuring that the Constitution functions as intended, as designed and as understood by the framing fathers of the Constitution," Mehta said.

'3 factors make justice for everyone'

SCBA president and senior advocate Vikas Singh said the law could be meaningful and accessible to all only if three factors of the legal system are taken care of - law-making, justice delivery and access to the justice delivery system -- for every citizen. He also raised the issue of black money in elections and said people with criminal backgrounds were elected to Parliament.

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"That is an area we definitely need to introspect and see what best can be done to ensure that the right people get elected to Parliament," Singh said. He also highlighted the appalling infrastructure of lower courts and issues with the training of judges.