Indian Justice System: Thoughts For Progressive Orientation [Text Of Dr.LM Singhvi Memorial Lecture By Justice Dipak Misra]

Hon’ble Smt. Sumitra Mahajan, Speaker, Lok Sabha and the Chief Guest of today’s function, Mr. Soli Sorabjee, Senior Advocate and former Attorney General for India, Dr. Abhishek Singhvi, Member of Parliament and Senior Advocate, learned members of the Bar, friends from the electronic media, ladies and gentlemen,Dr. Abhishek Singhvi, after obtaining my consent to deliver Dr. L.M. Singhvi Memorial Lecture, has sent the lectures delivered by eminent jurists, judges, thinkers and philosophers. That apart, I also found the communication contained the tributes given to late Dr. L.M. Singhvi and the kind of books authored by the great multifaceted personality. I am obliged to refer to some of the tributes to prove a point. One speaks of him as one who welcomed ideas, breathed fresh air of intellect, and splendidly adjusted every moment to the various roles he played in his life. Another likes him to walk with Chagla and Palkhivala and points out the commonality between them, that is, they thought for, spoke and worked for the Republic of India. Yet another, in his inimitable style, would confer him the stamp of excellence and innovation and put him in the space of “Epitome” of man that is glorified in ‘Hamlet’ by Shakespeare when he says:-“What a piece of work is a man!x x x x xHow infinite in faculty!x x x x xIn action how like an angel!In apprehension how like a god!”There is a tribute which would reflect on his diversified aspects of life, that is, literature, diplomatic brilliance, ability and commitment in handling public affairs and interfaith movement. With all the humility at my command, what I have read about late Dr. L.M. Singhvi and heard him once when he came to Cuttack to address in a seminar while he was the High Commissioner of India to the United Kingdom and my brief interaction with him as a young lawyer is that he was a rainbow of intellect and embodiment of individual dignity that strived for collective good. He eloquently spoke about the great traditions of this country and firmly believed and acted for independence of judiciary. I am extremely honoured and delighted to be invited to deliver the fifth annual memorial lecture.The Indian justice system is reflective of majestic legal order. It has a history that excites one to travel to the Vedic era. Reflection on the past has its relevance as it connects us to our past, especially the cultural foundation. We continue to harness such archived principles in resolving issues concerning law and culture to prevent a conflict between the straight jacket principles of law and the traditional cultural values in the society. The Mimansa Rules of Interpretation which are a part of great intellectual treasury were used in the cases of Vijay Narayan Thatte , Gujarat Urja Vikash Nigam Ltd. and many others. Undeniably, we have travelled far in the pursuit of conceptualising the true import of ‘Dharma’ and facets of ‘Justice’ for a coherent social order.The present form of the Indian justice system receives a constant gravitational pull from our organic and compassionate Constitution of India. The Constitution of India remains the foundation text of the post-independent Indian justice system and the Constitution has undergone substantial amendments in order to upkeep with the emerging legal necessities of a dynamic society to fulfil the aim and ambition of the collective.The Supreme Court of India has been responsive to the changes in the Indian society by employing the tools of interpretation. This has been largely done by expanding the meaning of the Constitution of India in favour of different segments, especially the poor and marginalised sections of the society. This approach of the Indian judiciary gradually became its reflection of a progressive judicial institution. ‘Progressive Thinking’ outlines what we believe as progressives and how we view the world. It is designed to help our nation’s diverse progressive community and articulate a common philosophical values framework to a wider public. It is with these conceptual foundations and the fashioning of innovative instruments by the process of interpretation, the court has broadened the arena of human rights. The Indian judiciary has not confined its shielding umbrella to its citizens only but has offered the constitutional protection of life and liberty to non-citizens as well.In Khudiram Chakma it has been held that protection of Article 14 and Article 21 encompasses extra-terrestrials too within its purview. The Court restrained the forcible expulsion of Chakma refugees from the State and directed the State Government to ensure that the Chakmas situated in its territory are not ousted by any coercive action but in accordance with law. And any attempt to forcibly evict or drive them out of the State by organized groups should be repelled by using paramilitary or police force. This decision is most significant considering the fact that India is not a party to the International Convention on the Status ...

Indian Justice System: Thoughts For Progressive Orientation [Text Of Dr.LM Singhvi Memorial Lecture By Justice Dipak Misra]

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