Saying Or Doing Nothing Is Probably Safer, But Choose The Difficult Option To Make A Difference : CJI DY Chandrachud To Law Graduates

“So in your lives as lawyers, I appeal to you, not to consider your work, whether as lawyers or subsequently as judges, as persons who dole out charity, but persons who are responsible for creating environment in which justice can be dispensed to every citizen”, he said.

The CJI clarified that this doesn’t mean one shouldn’t act charitably or help those in need, but that justice must not be confused with charity.

He was speaking at the first convocation ceremony of Maharashtra National Law University, Nagpur on Saturday. Former CJI SA Bobde, SC Judge Justice BR Gavai, Bombay HC acting Chief Justice SV Gangapurwala as well as several judges of the Bombay HC also attended the event.

The CJI also advised the graduates to be guided by constitutional values in their professional lives.

He further asked the graduates to always choose to make a difference, rather than do nothing to achieve a just society, as even an attempt to make the world a better place, makes it a better place.

“…you will often be confronted with situations, where you must choose between saying or doing nothing; and saying or doing something, however small, will perhaps realign law and society with justice. Now, I must warn you that saying or doing nothing is probably safer, less risky option. But choosing the more difficult option, which is to make a difference, which is to attempt to realign law and society with justice is more courageous. Even the very attempt to make the world a better place, makes it a better place”, the CJI said.

The CJI cited the example of Dr. BR Ambedkar as someone who chose the difficult option despite his struggles due to the caste system, now is one of the towering figures of the world. “We are indebted to him for many of the constitutional rights and remedies that we take for granted today”, the CJI added.

Referring to the Preamble of the constitution, CJI emphasised that a lawyer’s duty is to ensure that fellow citizens are truly ‘citizens in substance’, and not merely on paper.

He referred to South African judge and freedom fighter, Justice Albie Sachs’ book “The strange alchemy of life and law” in which he speaks of ending the racially discriminatory regime of South Africa and realign law with justice.

The CJI said that the realignment of law with justice is a struggle that evolves with the society. Even once law is aligned with justice, there’s a wait for the society to catch up, he said.

He referred to the issue of decriminalisation of homosexuality as an example of inertia of law. “Despite the constitutionally guaranteed right to equality and right to non-discrimination, it took nearly seven long decades for homosexuality to be decriminalised. But this is only one story amongst many stories of injustice in our society”, he said.

He advised the graduates to lead by example when it comes to upholding constitutional values.

“The unfortunate nature of law is that it is lethargic filled with inertia and you will find a million excuses when you succeed as lawyers and go on to become judges to be inert individuals. Because inertia is a privilege of the privileged. But the lethargy of the law, must not be mirrored in you. When it comes to constitutional values and nurturing a constitutional culture, be ahead of the curve and lead by your own example.”

The CJI said that the potential of the Constitution as a governing document is transformative, and a lot of work is yet to be done to achieve a just society.

“The Constitution has made tremendous strides towards a more just and democratic society, but much work remains to be accomplished before we can rest. The deep inequality which fractured our society, at the time of Independence, persists even today. The best and surest way to make this inequality a distant dream of the past, is to inculcate the spirit of constitutionalism in our society.” Young lawyers are best placed to inculcate constitutional spirit in the society, he said.