Strong & Robust Judiciary Essential To Secure Rights & Constitutional Values : Justice Indira Banerjee

"The Judiciary is the guardian of the Constitution. When rights are infringed, whether constitutional, statutory, contractual, or equitable, and justice denied, the Judiciary steps in to adjudicate, and grant relief. To secure rights and uphold constitutional values and principles, it is imperative that we have a strong, robust judiciary that imbibes constitutionalism and zealously upholds constitutional values", former Supreme Court judge, Justice Indira Banerjee said, while speaking at the 16th Annual Convocation held at the National University of Advanced Legal Studies (NUALS), yesterday. 

Justice Banerjee, who was the Chief Guest for the function, further added that the basic attributes of a judge included 'absolute independence', 'integrity beyond an iota of doubt', 'unflinching impartiality', 'intelligence', 'erudition', 'dedication and inclination', as well as the 'capacity to work hard', and expressed the hope that at least some of the graduating students of the University would join the judiciary, and render expeditious justice to 'the wronged'. 

Justice Banerjee noted that in India, we have an idealistic, people-centric Constitution, and how well the Constitution works would in fact, depend on the people who responsible for its operation. The words of Dr. Ambedkar that, "However good a constitution may be, if the people implementing it are not good, it will prove to be bad; however bad a Constitution may be, if those implementing it are good, it will prove to be good", were recalled in this regard. 

Justice Banerjee advised the graduating students that in order to succeed as a lawyer and reach the top, one would have to dedicate all their time to the profession, and that there is no alternative to hard work. 

"When you get a brief, be fully prepared. Read the brief carefully in detail from the backsheet till the end, and find out the answer to every question that could arise. Make a list of dates with corresponding page numbers and written notes of arguments. Look up the law. Be ready with precedents. Only cite those judgments which are relevant and to the point. Be punctual in Court, properly groomed and courteous. Be respectful to the Court, but you need not be subservient to the Court". 

Justice Banerjee also advised that while one may have a duty towards their client, they are still, an officer of the Court. 

"Do not mislead the Court. Have a professional approach. Be honest. Never lie before the Court".

Justice Banerjee further added that the legal profession was not a bed of roses, and that work may be hard during the initial stages, and slow to pick up. 

"Their may be days when you have no work. Use your time to study. There may be professional setback. You may loose a good case. Do not get deterred or frustrated. Take adverse situations in your stride and continue", she reminded. 

Justice Banerjee observed that the state of legal education in India up until a few decades back was abysmal. She recalled that the legal courses were part time courses which were not taken seriously, and which were not of much value, except rendering those attending the courses, eligible to practice law. "Those who excelled in law, did so because of their own effort, and not what they learnt at the law college". She noted the efforts of Prof. Dr. N.R. Madhava Menon the founder Vice Chancellor of National Law School of India University, Bangalore and the National University of Juridical Sciences, Kolkata, who was able to put legal education in India at par with the highest international standards.

Justice Banerjee remarked how NUALS is one of the premier law institutions of the country that offers a high standard of legal education. "You have been fortunate to get the opportunity of good education in law in this premier institution. Appreciate the contribution of your parents, who might have sacrificed their own comforts and convenience, and even cut down essential expenses to give you good education", she reminded the students. 

Justice Banerjee also appealed the graduating students to apply for Judicial service in larger numbers. 

The Chancellor of the University who is the Chief Justice S. Manikumar of the Kerala High Court, Pro Vice Chancellor of the University and the Minister of Higher Education in Kerala, Dr. R. Bindhu, Vice Chancellor of NUALS, Prof. Dr. K.C. Sunny, Justice Anil Narendran, Registrar of the University Mahadev M.G., Advocate General Gopalarishna Kurup, State Attorney N. Manojkumar, Law Secretary Hari Nair, Bar Council Chariman Anilkumar, and MLA Sunilkumar were the other dignitaries during the event.