Duty of courts to enforce rule of law without fear or favour: Justice B V Nagarathna

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, Supreme Court judge Justice B V Nagarathna said on Saturday.

Speaking at the 12th convocation of National Law University here, Justice Nagarathna stressed that law is not just about rules but about ensuring that every person -- regardless of wealth, status, caste, gender, or belief -- is treated as an equal subject before the law.

She said the law is seen as a fortress accessible only to the powerful, but lawyers can change this by becoming a "bridge between rights and remedies".

The legal profession is a vehicle for transformation, especially in Indian society "where historical exclusions and entrenched inequalities persist", she said.

"In a democracy where the rule of law is its essence, it has to be preserved and enforced, particularly by courts of law. 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.

"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," Justice Nagarathna said.

She said the responsibility to work the Constitution in all its magnanimity and good intentions does not lie only with the people in the power corridors, but extends to every lawyer who should be an advocate of the Constitution.

In these days of fast-growing commerce and increasingly lucrative opportunities, it is easy to forget that a life in law is, first, one rendered in public service, she said.

"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.

"Remember, the law belongs to everyone, but not everyone can afford to access it. You can be the difference that ensures that this access is not denied," Justice Nagarathna said.

Advising young law students, Justice Nagarathna said as stewards of the Constitution, the progress of India along the right lines could be ensured only if lawyers facilitate conditions of commerce, enable trust-building in the community and play their rightful part in building up a civic structure with imbibed constitutional values

"Law is not just about rules. It is about purpose. It is about creating conditions in which human dignity can flourish. It is about ensuring that every person -- regardless of wealth, status, caste, gender, or belief -- is treated as an equal subject before the law.

"In societies like ours, where historical exclusions and entrenched inequalities persist, the legal profession is not just a vocation -- it is a vehicle for transformation," she said.