Constructive Criticism Of Judgments Helps In Development Of Law; People Guardians Of Judiciary: Justice CT Ravikumar In Farewell Speech

 Justice CT Ravikumar in his insightful and emotional farewell speech today (January 3) expressed the need for constructive criticism of Judgements which are related to the public interest. 

Speaking at the farewell function organised by the Supreme Court Bar Association (SCBA), he encouraged the practice of public discourse on important decisions which impact society at large. Stressing the importance of constructive criticism and how it is a quintessential part of freedom of speech and expression, he opined : 

"I am of the firm view that if there is a judgement of the SC relevant to public importance, there should be a public discussion and it should follow constructive criticism on it. Why I say criticism? I think I should quote Voltaire- 'I disapprove of what you say, but I will defend to death your right to say it.'

"If any criticism is made imbibing this spirit certainly, it can only be a constructive criticism which will definitely help in the development of law." 

Justice Ravikumar, to explain the role of a strong Bench and Bar cooperation in working towards the idea of Justice, used the following metaphor - 

"If the rule of law is our path, then the law is the vehicle and we both - the bar and the bench are the drivers guiding the aggrieved to Justice, otherwise they will be lost."

He then explained the relevance of it in the following terms: 

"Hence if any link in this ecosystem fails, the doom is inevitable but if we play our role to the best of our ability, it will be a guarantee to the real delivery of Justice."

On People's Judiciary & Upholding Public Confidence As A Judge  

The retiring judge elaborated on how he saw the Judiciary of the Country as a custodian of the Constitution made by the People of India and the People of India, in turn, being the guardians of the Judiciary. He expressed : 

"Oftentimes we say the Judiciary is the guardian of the Constitution, then who should be the guardian of the judiciary? it should be - WE THE PEOPLE OF INDIA...answer is who gave this Constitution to us. I am sure that the judiciary will be protected by the people of India and the Judiciary in turn will safeguard and protect them with the aid of the constitution." 

Justice Ravikumar also recalled how once in his speech of January 5 2009, when he assumed office as a High Court Judge, he pledged to "not do anything which will shatter the confidence of the people in Judiciary" . 

Today, as his final words from the farewell address, he asserted " I repeat it - after demitting the office of a Judge, I will not do anything to shatter the confidence of people in this institution, because ultimately it is the guardian of law and I will continue to respect this institution and the law and continue as a law-abiding citizen." 

The Bar Should Be Patient Towards The Bench: Justice Ravikumar's Parting Advise To Lawyers 

Justice Ravikumar highlighted the importance of the need to cultivate patience by the lawyers when dealing with questions posed from the bench. He expressed : 

"When we say a judge should be patient, what about the lawyers, I think even they should be patient. When some question is falling from the Court, don't be under the assumption that it is against you- there I will say that of course the bench is sitting opposite to you but don't think that the judges are sitting to oppose you."  

He added that oftentimes the questions help guide the lawyer in their line of thinking and be taken positively. 

"We are there to listen and pick out what is there, and if you are listening you may be knowing that the question is in your favour or if you are listening you will be able to convince the court that there is not much of a relevant question."  

CJI Sanjiv Khanna, Attorney General for India R Venkataramani and SCBA President and Senior Advocate Kapil Sibal also spoke at the event. With the retirement of Justice Ravikumar, the Scheduled Caste representation in the Supreme Court comes down to two from three.

Justice Ravikumar was elevated to the Supreme Court from the Kerala High Court on August 31, 2021. He became a Judge of the High Court in 2009. He had started practice in 1986 at Mavelikkara in Kerala. Later, he joined the chambers of former Advocate General Senior Advocate M K Damodaran, a doyen of the bar. He has also served as a government pleader.

Also Read - From Village Boy To Supreme Court Judge : CJI Sanjiv Khanna Lauds Justice CT Ravikumar's Inspirational Journey