Justice B V Nagarathna emphasised that preserving the rule of law is central to democracy, stressing that courts must enforce it “without fear or favour, affection or ill will,” upholding impartial justice as their highest constitutional duty.
Justice B.V. Nagarathna emphasized the crucial role of the courts in upholding the rule of law as the foundation of democracy during her address at the 12th convocation of the National Law University.
She stated,
“If the rule of law has to be preserved as the essence of democracy, it is the duty of the courts to enforce the same without fear or favour, affection or ill will.”
Justice Nagarathna highlighted that law transcends mere rules; it embodies the principle that every individual regardless of wealth, status, caste, gender, or belief should be treated equally under the law.
She pointed out that the law often appears as a fortress accessible only to the privileged, but lawyers have the power to transform this perception by acting as a “bridge between rights and remedies.”
The legal field serves as a catalyst for change, particularly in a society like India, where historical exclusions and deep-rooted inequalities are still prevalent.
Justice Nagarathna remarked,
“Rule of law being one of the most significant characteristics of good governance prevails because India has an independent judiciary which has been sustained, amongst others, because of support and assistance from an independent bar.”
She further noted that the responsibility of upholding the Constitution lies not solely with those in power but extends to every lawyer, who should advocate for constitutional values.
In a world increasingly driven by commerce and opportunity, she reminded young law students that a career in law should fundamentally be rooted in public service.
She remarked,
“Too often, the law is seen as a fortress accessible only to the powerful. But in your hands, it must become a bridge, a bridge between rights and remedies, between the Constitution and the citizen, between justice and the people.”
She urged them to recognize that while the law is meant for everyone, access is not guaranteed for all, and they can make a difference in ensuring that it is available to everyone.
Justice Nagarathna advised that as guardians of the Constitution, lawyers have a vital role in fostering trust within the community and contributing to a civic framework that embodies constitutional values.
She said,
“Law is not just about rules. It is about purpose. It is about creating conditions in which human dignity can flourish.”
In a society marked by historical exclusions and persistent inequalities, she concluded that the legal profession is not merely a job; it is a powerful vehicle for transformation.