Supreme Court Justice BV Nagarathna on Tuesday called on judges to remain steadfast in protecting judicial independence, cautioning that yielding to external pressures could undermine the very institution of the judiciary.Even though the ‘temptations’ loom large, judges must say ‘no’, she observed.
Delivering a lecture at the Justice TS Krishnamoorthy Iyer Memorial Oration organised by the Kerala High Court Advocates' Association (KHCAA), Justice Nagarathna emphasised that judges must remain firm in their commitment to constitutional values even in the face of temptations and potential career consequences.
"Let me say that we judges, we should unite for the cause of justice, for we have nothing to lose except our independence. And once we lose our independence, we cease to be judges," the judge said.She added that the ability to refuse improper influence is essential to judicial integrity.
"There are temptations looming all over, but according to me, the shortest word and the shortest sentence in English language, is “NO”. Whatever be the temptations, just say the word and there you are clear in your mind and for all times to come," the Judge added.The lecture was held at the Kerala High Court auditorium, where Justice Nagarathna also inaugurated the 'Continuing Legal Function Program' initiated by the KHCAA.
Kerala High Court Chief Justice Soumen Sen presided over the function and inaugurated the 'Wednesday Club', an initiative inspired by the Friday Club of the Supreme Court Bar Association.Advocate General Gopalakrishna Kurup, KHCAA President Peeyus A Kottam, Advocate Roy Chacko and Balaji K Moorthy, son of Justice TS Krishnamoorthy Iyer, were also present on the dais.
Beginning her address with a tribute to Justice Iyer, Justice Nagarathna described him as an eminent judge who was fair impartial and committed to upholding justice, equality and the rule of law.She explained that her lecture topic, titled Transformative Constitutionalism and Basic Structure Doctrine: A Dialogue, was chosen keeping in mind Justice Iyer's lifelong engagement with constitutional values.
Justice Nagarathna said that transformative constitutionalism represents the idea of bringing about large-scale social change through democratic processes grounded in law. She noted that the Constitution's transformative vision can broadly be understood through three themes which are equality, fraternity and liberty.
Turning to the Basic Structure doctrine, she described it as a structural limitation on parliament's amending power, ensuring that while the Constitution may admit change and amendments, it could not be altered in a manner that destroyed its core identity."Very simply put: the basic structure tells us what must not be lost; transformative constitutionalism explains how those commitments are meant to endure," she explained.
Justice Nagarathna observed that both doctrines ultimately were protected by the judiciary through judicial review.Courts, she said, translated constitutional ideals such as liberty, equality and the rule of law into enforceable rights. However, she stressed that the judiciary can perform this function only when separation of powers and judicial independence are preserved.
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