Justice Anand Venkatesh Writes : Dire Need Of “A Tall Figure“ to Guide The Judiciary

On a Sunday afternoon, after a siesta, feeling fresh and rejuvenated, a thought started occupying my mind. This article is the result of a consequential impulse to put these thoughts to paper. The thought that caught my attention was - the exponential improvement in the standards of legal education in India after the advent of National Law Schools, thanks to Dr. N.R. Madhava Menon, the architect behind this on the one hand and the absence of towering personalities who can be looked up for guidance on the other. Jamshedji Kanga, Alladi Krishnaswami Ayyar, Motilal C. Setalvad, C.K. Daphtary, H.M. Seervai, N.A. Palkhivala, Vivian Bose, K. Subba Rao, M. Hidayatullah, H.R. Khanna, M.N. Venkatatachaliah et al were intellectual giants of a bygone age. A passing reference to these names instantaneously kindles in us a sense of reverence and hope. The standards of legal education provided by some premier institutions and universities and the sharp and well-equipped brains who come into the profession naturally create an expectation that such stalwarts and tall figures will be available for guidance for the present and future generations. Alas, such men of stature are far and few and, to our utter dismay - a dying tribe. It is this disturbing thought which made me ponder and see if I can find an answer.

I have spoken with many senior lawyers and judges who have made their mark and inspired others, who almost unanimously said that they hardly learnt anything in college and scraped through and completed law. A very few were toppers and gold medallists. The point that I am trying to drive home is that the law course they underwent (in most cases) did not matter or had any link with what they ultimately achieved- their legendary status. It is the senior who trained them in the literal sense of a Guru, the exceptional personalities (Advocate and/or a Judge) who inspired their thoughts and deeds and the sense of values generally prevailing in society, which moulded them to become legends and men of stature. The law students of this generation start from an advantageous position by undergoing a course in a college/university where they are sufficiently equipped with the fundamentals of law. There is no doubt that these institutions churn out some of the best brains, and there is no dearth of intelligence, and some are, no doubt, outstanding in terms of their legal acumen. Why is it then that men of stature - “Tall Figures“ in the profession are a dying tribe?

Talking about legendary lawyers and judges of the past holds a mirror to the present generation and tells us who we are in comparison. I recall the legendary message by Sarat Bose to P.B. Mukherji that the pursuit of professional success cannot be a mechanical pursuit for money and that nothing could be more tragic if the man lost himself, his mind and life in the pursuit of mere wealth. The times we live in are unfortunately characterised by a loss of the sense of values. There is an aphorism: "Values are ultimate; they admit of no reduction below themselves”. It is these values, followed by some assiduously, which brought them the stature of “Tall Figure“. Speaking of them, I recall H.W. Longfellow’s poem where he said about great men thus:

Lives of great men all remind us

We can make our lives sublime,

And, departing, leave behind us

Footprints on the sands of time;

Footprints, that perhaps another,

Sailing o’er life’s solemn main,

A forlorn and shipwrecked brother,

Seeing, shall take heart again.

There is no attempt to inform the present generation of lawyers of what distinguished some of our great forebears in the Law that set them apart from the pedestrian tribe. Mere information will never bring about a change since they are nothing but barren words, and the best way to inspire is to live such a life and become a torchbearer for the next generation. Fortunately for my generation and the previous generations, such men of stature were seen in action, flesh and blood, of course, far and few. But at least they were there to emulate them. Probably, we failed to live a life like that and thereby deprived the next generation to experience such men of stature.

Is it because there is an overall fall in values in the society at large or the firm culture which takes away the advantages of Senior - junior relationships, which was akin to a Gurukul, or is it a wrong understanding of the term “success” by giving it a literal meaning by relating it to only money-making or the standard of leaders who are heading the various Bar associations and Bar councils or is it a widespread identity of those people in the profession with one political party or the other or one ideology or the other by placing it even above the interest of the institution or is it a characteristic peculiar to Kaliyugam or is it a heady mixture of all this put together? One that gushes out of me as an answer is the words in Lord Byron’s “Epitaph To A Dog” poem, where he said:

While man, vain insect! Hopes to be forgiven,And claims himself a sole exclusive heaven.Oh man! Thou feeble tenant of an hour,Debas’d by slavery, or corrupt by power,Who knows thee well, must quit thee with disgust,Degraded mass of animated dust!Thy love is lust, thy friendship all a cheat,Thy tongue hypocrisy, thy heart deceit!By nature vile, ennobled but by name,Each kindred brute might bid thee blush for shame.

Byron believes that man’s emotions, friendships and choices are all fake. The human tongue is “hypocrisy”, and the heart of man is “deceit”. The moment the thought of ‘I‘ takes over, the resultant consequences are the ones pointed out by Byron. If a man who comes into the institution is only driven by the thought of ’I‘, the interest in the institution takes a back seat, and the institution is only a means to satisfy the selfish ends. I strongly feel that we have taken up the latter position and, as a result, are suffering the consequences.

A man of statute “a Tall Figure” peels away the ‘I’, and his interest will always become one with the institution. It is these towering personalities who have acted as guardian angels and protected the institution without any fear or expectations of any favour. These guardian angels are more particularly required in the judiciary since the judiciary's failure will virtually end in failure of the rule of law and consequently will lead to anarchy. The absence of men of stature in the Bar and Bench results in the right questions not being asked at the appropriate moment, fearing consequences to that ‘ I’, which weakens the entire institution. The failure to stand up by men of stature makes me visualise a doomsday scenario, and I shudder to even entertain such a thought.

My intention to write this article is not out of any pessimism, and I always believe there is hope at the end of the tunnel. Let this institution start churning out such men of stature to act as guarding angels of this institution both from the Bar and the Bench. After all, it is never too late.

The author is a  Judge of the High Court of Madras.