Lawyers Have A Duty To Maintain And Cherish Judicial Independence: Justice BR Gavai

Justice BR Gavai on Saturday said that independent judiciary is a hallmark of India and lawyers have a responsibility to maintain the Rule of Law and ensure that the independence of judiciary is cherished.

“As a lawyer we also owe duty to the society. We owe a duty to maintain the rule of law. The rule of law is embodied in our Constitution. In the Article 14 itself, which promises equal treatment before the law. And I must say with pride that in India, as I said in New York, in India, the independence of judiciary is the hallmark. Therefore, there is onerous responsibility on the lawyers to ensure that the independence of judiciary is not only maintained but it is cherished”, Justice Gavai said.

The High Court Bar Association (HCBA) Nagpur's Centenary Year Celebration continued today with a felicitation function honouring the stalwarts of the legal fraternity. Supreme Court judge Justice BR Gavai was the Chief Guest, while Supreme Court judges Justices AS Oka and Prasanna Varale, as well as Bombay High Court's Chief Justice Devendra Kumar Upadhyaya, and Justice Nitin Sambre were the Guests of Honor.

All the guests in their speeches acknowledged the contributions of Nagpur Bar to the legal fraternity, drawing from both personal anecdotes and professional encounters with stalwarts of HCBA Nagpur.

Justice Gavai emphasised the role of lawyers as not just professionals but social reformers. He noted that many lawyers are contributing to politics in the executive and legislature.

“As has been said by Doctor Ambedkar that the lawyer is not only a professional, but he is a social reformer. A lawyer owes a duty to the society. A lawyer owes his duty to the nation… We have many lawyers who are also contributing in politics in the executive. Three of our eminent members have been the members of Parliament.”

Justice Gavai remarked that junior lawyers lack the quality of listening to senior lawyers argue, and learning from them. He urged young lawyers to emulate the skills and techniques employed by their senior counterparts.

“in our junior days, whenever we had time, we always used to sit in the Court so as to listen to the arguments of the stalwarts of the bar so that we can learn from them. But nowadays that quality is lacking in the juniors and I must say that if the juniors really want to emulate the seniors, then they should listen to the arguments and try to assimilate them. Try to emulate the seniors in their argumentative skills. This will really enrich them.”

Justice Gavai underscored the pivotal role played by lawyers in upholding the rule of law and ensuring the independence of the judiciary, echoing sentiments expressed by Chief Justice Devendra Kumar Upadhyaya regarding the duty of lawyers to serve society and uphold constitutional values.

Chief Justice Devendra Kumar Upadhyaya commenced his address with a light-hearted anecdote comparing the renowned mango varieties of Dussheri from Lucknow and Hapus from Ratnagiri.

He emphasized the pivotal role of honesty, courage, industry, wit, eloquence, judgment, and fellowship, encapsulated in British Judge Edward Abbott Parry's "Seven Lamps Of Advocacy," in shaping the character and conduct of lawyers.

Justice Upadhyaya underscored the importance of lawyers' commitment to societal welfare, drawing parallels to Mahatma Gandhi's journey from a successful lawyer to a revered leader who championed social justice and freedom.

“What is the task of a lawyer? I have been repeatedly saying this…Your task is very very arduous, very difficult. What do you do exactly? Somebody's pain, or anguish, or frustration, you carry on your shoulder and put it across the court for justice. It is an arduous task, so you have to be conscious of this. Apart from your professional commitment towards the client approaching you in his search of justice, lawyers historically at least in this society and country have played a very very vital role in leading the society”, Justice Upadhyaya said.