Exclusive: Role of Judiciary and Bar in making a just and inclusive Society : Chief Justice TS Thakur [Nalsar Convocation Speech]

This is the Full Text of Nalsar University of Law Convocation Speech delivered by Chief Justice of India Justice TS Thakur on 6th August 2016Shri Ramesh Ranganathan, Acting Chief Justice of High Court of Judicature at Hyderabad and the Chancellor. Prof. Faizan Mustafa, the Vice Chancellor. Esteemed Members of the Governing Bodies of the University, Eminent Faculty, Dear Guests, Parents and Graduating Students.I am extremely happy to have been invited to deliver the Fourteenth Annual Convocation Address of the NALSAR University of Law, Hyderabad. Convocations are solemn occasions for the University and the graduating students alike. It is an occasion which is celebrated by the teachers and the taught as much as by the University and the parents. I would add a special word of congratulation to those who have been adjudged worthy of receiving awards and medals for their outstanding performance. I would also take this opportunity to extend my greetings to the proud parents who treasure the memories of this day.A Convocation Address on an occasion like this is often used to reflect on some subtle thought or higher value of life that is driving force for the success of an individual or society. I propose to talk to you about the constitutional vision of an ‘Inclusive India’ and our efforts to architect a just and inclusive society, which ensures an equal participation of all sections and groups in the governance of our economy and polity and in the fruits of social and economic development in the country.As India attained freedom, the framers of the Constitution sought to unite the vast country with its great diversity of languages and creeds within a common bond of constitutional justice based on the great ideals of liberty, equality, fraternity and justice. Speaking of the imperatives of inclusive democracy, Dr. Ambedkar said:“It was, indeed, a way of life, which recognizes liberty, equality and fraternity as the principles of life and which cannot be divorced from each other: liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things.”Indian Constitution which enshrines the values of liberty, equality and fraternity is thus a unique testament that recognises the above values avowed objective placed at the top of the normative pyramid. It determines its commitments and orientations. It echoes the past, lays the foundation for the present and determines how the future will look. It is philosophy, politics, society, and law combined together for making a just and inclusive society.The world Summit for Social Development (March 1995), established the concept of social integration to create an inclusive society, “a society for all” as one of the key goals of social development. Following this, significant policy commitments were made in the Millennium Declaration (2000) which subsumes social integration in its synthesis of peace, security, development, human rights and further embodies social inclusion principles as well as the objectives and goals set out by international community in previous UN Conferences.How to make the concept of a just and inclusive society operational, in the face of resistance to change is the question. It is a formidable challenge for policy makers and social scientists to find ways and means to promote an inspirational yet realistic set of policy measures geared towards a “society for all”. This requires a paradigm shift so as to recognize the dignity, value and importance of each individual, not only as a moral imperative, but also as a legal principle, a societal goal and eventually, a practice. No human being should be fated to undergo a miserable life as a result of his or her class, country, religious affiliation, ethnic background or gender. Protection in terms of upholding human rights, and accountability in terms of upholding the rule of law are conditions precedent for a just and inclusive society. These projected goals entail a legislative frameworks-backed by international law standards and informed by public engagement; competent, inclusive, accountable and transparent institutions to implement the laws; accessible, fair and transparent dispute-resolution mechanisms and vigilant and empowered civil society to claim its rights to resources and services and to demand accountability of those responsible for the execution.Making Just and Inclusive Society: The Role of Judiciary Amongst all the stakeholders of legal system, Judiciary, being the guardian of fundamental rights, has internalized its obligation and has played a prodigious role in ensuring just and inclusive society—whether it be—human rights which include right to shelter, social security, right to adequate...

Exclusive: Role of Judiciary and Bar in making a just and inclusive Society : Chief Justice TS Thakur [Nalsar Convocation Speech]

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