Uphold rule of law and Constitution: Justice A K Sikri to legal fraternity

Source: The Hitavada      Date: 02 Sep 2018 09:51:30


Staff Reporter,

The Supreme Court Judge delivers 2nd G L Sanghi memorial lecture

Primary role of judges and lawyers is to uphold rule of law and Constitution and ensure that the society is governed by Rule of Law and liberal democracy is preserved, liberty and fundamental rights are protected by using creative jurisprudential interpretation, opined senior judge of the Supreme Court Justice A K Sikri while urging legal fraternity to play a pivotal role in maintaining Rule of Law.

“For any civil society governed by the Rule of Law, effective judicial system is a necessary concomitant. The Rule of Law reflects man’s sense of order and justice. There can be no government without order; there can be no order without law; and there can be no administration of law without judges and lawyers,” Justice Sikri stated while delivering a lecture under the 2nd G L Sanghi memorial lecture series at
Dr Vasantrao Deshpande Hall on Saturday.

The lecture series is instituted by Sanghi family under the aegis of Maharashtra National Law University (MNLU), Nagpur.  Speaking on ‘Judicial relevance in a democracy and role of law schools in shaping it,’ he passionately urged the legal fraternity to be at the forefront in championing the values of constitutional democracy by bridging the gap between the law and society. “These values are inner morality of a democracy and make it a substantive democracy,” he stated.

Senior judge of the Apex Court and Chancellor of MNLU Justice Sharad Bobde presided over the lecture. Senior judges of Bombay High Court Justice Bhushan Gavai and Justice Bhushan Dharmadhikari, former Attorney General of India Mukul Rohatgi, Justice Vipin Sanghi, MNLU Vice-Chancellor Prof Vijender Kumar, Registrar N L Sakarkar also were seated on the dais.

Elaborating on core values of Indian Constitution and democracy, Justice Sikri stated that judiciary is guardians of Rule of Law armed with powers of judicial review to make the Constitution function as per constitutional ethos, morality and values to ensure constitutional fraternity.

Stressing the need to bridge the gap between law and society, Justice Sikri stated that courts often try to evolve juristic principles within the framework of law for doing complete justice according to current needs of the society like path-breaking orders passed on issues like eradication of bonded labour, termination of pregnancy of a raped girl, child marriage, rights of disadvantaged group, guidelines to prevent sexual harassment at workplace, passive euthanasia. Even in cases where opinion is sharply divided like Triple Talaq, beef eating which Justice Sikri described as hard cases, the judges try to find out solution by applying constitutional norms.

The senior judge of the Apex Court also cautioned the judiciary and legal fraternity to understand the process of globalisation and economic impact and wide ramifications of the orders passed. New economic models are emerging having cross-border collaborations, entry of foreign investment, new modes or arbitration and there is paradigm shift in litigations and one must not lose sight of economic impact of judicial process, Justice Sikri stated.

Justice Sikri called upon the lawyers to play a more pro-active role by rendering proper assistance and bringing well-researched issues before the judicial fora. Lawyers must be more than a skilled legal technicians and see their role as “problem-solvers, harmonizers and peacemakers, healers and not promoters of conflict,” Justice Sikri stated while reminding legal fraternity “our profession carries public and ethical burdens with its privileges.”

Earlier, MNLU V-C Prof Vijender Kumar spoke about various new initiatives of MNLU and stated with a sense of pride about how their journal about teaching was applauded by stalwarts.

Ex-Attorney General of India Mukul Rohatgi, son-in-law of G L Sanghi, remembered his close association with Sanghi family and how his advise changed path of his legal career.
Justice Vipin Sanghi nostalgically recollected close bond of his family with Nagpur and described various facets of late G L Sanghi. MNLU Registrar N M Sakarkar proposed a vote of thanks. Members of Sanghi family, sitting and ex-judges of Supreme Court and High Court, judicial officers and leading lights of legal fraternity were present.

There is an angel inside, try to set him free: Justice Sikri
“There is an angel inside the rock. I am just setting him free.” Quoting this famous sentence of Michelangelo, Justice Sikri exhorted teachers to bring out best from law students and reminded them like the famous artist they must chisel the students, sharpen their faculties, enlighten understanding, enrich character, improve the capacity to think clearly and arose intellectual curiosity. Law Schools will have to play a major role in shaping future of this country, he stated while urging teachers and students to work hard to ensure India must shine on global horizon due to their industry, scholarship, inquisitiveness and quality of thought.

MNLU must play a pivotal role, says Justice Bobde

Chancellor of Maharashtra National Law University (MNLU) and senior judge of Apex Court Justice Sharad Bobde underlined the importance of National Law Schools and stated that they are not law colleges, but will have to play a pivotal role in shaping legal thinking of this nation in times to come. No great judgement has been delivered without brilliant assistance from an able lawyer and the products of NLUs must aspire to enrich the legal system of this country, he stated.

Describing late Girdharilal Sanghi as a fearless lawyer and one of the leading doyens of the Bar, Justice Bobde vividly recollected his long association with the legal eagle.