We Have To Accept That India Is A Nation Of Plural Views, Multitude Of Cultures : Justice Chandrachud

Supreme Court judge Justice D Y Chandrachud has stressed on the need to accept India's pluralism in views and identities in its way forward. "I think the true value of the nation as we go forward today, is for us to accept that this is a nation of plural views; it's a nation of plural identities; it's a nation of a multitude of cultures." the judge said.Justice Chandrachud was speaking at the launch event of the book "The Cases That India Forgot", written by Dr. Chintan Chandrachud at New Delhi on Saturday."It is in this conflict of intellectual opinions of multitudes of cultures, identities and thoughts that the true India which I perceive for the next ten years should emerge", added Justice Chandrachud.Former SC judge Justice A.K. Sikri, Additional Solicitor General Madhavi Goradia Divan, Managing Partner of AZB & Partners Zia Mody, and ThePrint Editor-in-Chief Shekhar Gupta, were also present at the dais. The event commenced with Gupta as the moderator, commenting on how it was more lucrative for people to become lawyers and judges, and that scholarship for law and justice had declined; this decline had begun to rear its ugly head in the quality of writing of judgments. He specifically referred to the years between 2009 and 2015, wherein some of the judgments written were 'embarrassing'. Therefore, the importance of the link between scholarship and judicial practice was highlighted by Gupta by bringing to fore the book written by Dr. Chandrachud. Referring to his life as a journalist, Gupta also recited an anecdote wherein he had to interview the then Chief Justice of India, Y.V. Chandrachud, to whom he asked why he had turned out a young woman lawyer wearing jeans from his courtroom. To this, Chief Justice Chandrachud responded that he was not irked by the jeans, but by the comb which was sticking out of her pocket which he deemed to be inappropriate. The talk then began, led by Dr. Chandrachud, who stated that the impetus behind the writing of the book was that a large amount of legal writing in the country was emanating from non-traditional sources such as newspaper articles, rather than specialist law journals. The intention of such writing is to connect with a wider audience and include them in the conversation. The initial feedback received by Dr. Chandrachud revolved around the inaccessibility of such legal writing. Therefore, his goal, with the aid of his book, was to make legal writing accessible to those without a background or training in law. "The primary impetus behind the book was to write a book that does explicate some sophisticated legal argument, but in a manner that is accessible to a wider audience. The broader impetus really is to increase citizen engagement with the law and the Constitution. I think it is particularly significant in the times in which we live where the Constitution in general and the Preamble specifically have assumed symbolic centrality across the country."Dr. Chandrachud also emphasized the issue regarding how there existed many cases where courts had failed to adjudicate rights or had abdicated their responsibility, and it became the duty of the citizens or the government to recognize public opinion and thereby, change the law. The role of citizens was also important in interpretation of the laws, and particularly the Constitution during all stages of the process of laws being enacted. Justice Chandrachud then took over the talk by stating how courts had become social institutions which led to increasing critiques about the judgements rendered, as they were not merely confined to resolution of cases, but were engaging in social dialogues. While the judicial role entailed insulation from engagement with society as they could not tell judges what to do, however it could not be translated into insulation from the impact of judgements on society itself. Justice (retd.) Sikri, on being asked about the accessibility of justice, stated that things had changed over the last 20 years. Earlier, the position of the courts was daunting to the common man, however, due to various reforms, this position was increasingly changing. Then, on Dr. Chandrachud's book, Justice Sikri noted that it supplemented and complemented Zia Mody's "10 Judgements That Changed India". Additionally, by dividing the book into the broader topics of politics, religion, gender, and national security, the book highlighted significance of the topics even today. ASG Madhavi Divan then noted that Dr. Chandrachud had the advantage of possessing a unique vantage point due to his standing as a third-generation legal scholar and lawyer. As a result of this unique perspective, he was able to provide to his audience anecdotes and backstage stories and therefore, "de-mystify the court for lay people and, sometimes even for lawyers". On being asked by Gupta about the impact of decisions taken by courts who were distanced from the action on the ground, Divan...

We Have To Accept That India Is A Nation Of Plural Views, Multitude Of Cultures : Justice Chandrachud

Radhika Roy

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