Constitution is homegrown, product of self-governance, dignity: CJI

“As citizens, and as lawyers, it is our duty to ensure that our fellow citizens are ‘citizens in substance’ — in the true sense of the word, and not merely on paper.”

He said this can be achieved by fulfilling the promise in the Preamble to achieve social, economic and political justice for all.

The CJI told the students that they must not forget the difference between justice and charity. He said: “Justice is firmly rooted in the conception that all people possess certain inalienable rights. Charity, on the other hand, is premised on the greatness of the person being charitable. Justice tackles the root cause of injustice but charity merely addresses the after-effects or symptoms of injustice. Justice aims to empower communities and enable them to be self-sufficient and possess all the rights that they are entitled whereas charity merely alleviates the suffering arising out of injustice for a fleeting moment in time.”

As lawyers and future judges, they must not consider their work as doling out charity, but as people responsible for creating an environment in which justice can be dispensed to every citizen, he told the students.

Referring to the writings of South African judge and freedom fighter Albie Sachs on the need to ‘realign law with justice’, the CJI said: “The realignment of law with justice is not just a one-off enterprise, which is restricted to a particular country, region, instance, or time. It is a constant struggle that evolves as society evolves, and even after law has been realigned with justice we wait for society to catch up. In your dual roles as lawyers and citizens, you will be confronted with situations where you must choose between saying and doing nothing, or saying and doing something, however small, which will perhaps realign law or society with justice.”

Now, he said, “I must warn you that saying or not doing nothing is probably safer or a less riskier 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.”

He said citizens are indebted to Dr B R Ambedkar for many of the constitutional rights and remedies that are taken for granted. He also urged students that the unfortunate nature of law is that it is filled with inertia but it must not be mirrored by them to success as lawyers and judges.