Chief Justice of India Justice Surya Kant on Wednesday underscored the indispensable role of the Bar in strengthening the rule of law and preserving the sanctity of the Constitution, while emphasising its critical responsibility in extending legal aid to the vulnerable and marginalised sections of society.
Speaking at a Constitution Day event organised by the Supreme Court Bar Association, the CJI said the judiciary has time and again recognised the invaluable contribution of the Bar in protecting the virtues of justice.
“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... “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,” Justice Kant said.
He reiterated his frequent references to the “invisible victims” of the judicial system and expressed firm conviction that only the Bar can rescue them from prolonged agony.
“Your perspectives matter profoundly, and the seriousness with which you engage in your craft directly influences the transformation of our constitutional future.
“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,” he added.
Solicitor General Tushar Mehta highlighted the unique beauty of the Indian Constitution in maintaining separation of powers among the three wings – judiciary, executive, and legislature – while ensuring an internal system of checks and balances.
“If the executive does something which is in conflict with the Constitution, the judiciary has supremacy. But eventually no organ is supreme or sovereign and it is only the Constitution which 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 founding fathers of the Constitution,” Mehta said.
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Supreme Court Bar Association (SCBA) president and senior advocate Vikas Singh stressed that the law can become meaningful and truly accessible to all citizens only when three core pillars of the legal system are adequately addressed: law-making, efficient justice delivery, and universal access to the justice delivery mechanism for every common person. He flagged the serious concern of black money in elections and the increasing presence of individuals with criminal backgrounds in Parliament.
“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. The SCBA president also pointed out that the infrastructure of lower courts remains appalling and underlined the urgent need for proper training of judges. November 26 is observed as Constitution Day since 2015 to mark the adoption of the Constitution of India by the Constituent Assembly on November 26, 1949. The day was earlier celebrated as Law Day.
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