Important to maintain the independence of Judiciary from external forces: Indira Banerjee

“The judicial system, as it operates within society, might be under social and cultural influences that pervade at a particular time,” says the former Supreme Court judge in address at the National University of Advanced Legal Studies (NUALS)

Former Supreme Court judge Indira Banerjee said here on Saturday that “it is imperative that we have a strong, robust judiciary that imbibes constitutionalism and zealously upholds constitutional values to secure rights and uphold constitutional values and principles”.

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In her address at the 16 th convocation held at the National University of Advanced Legal Studies (NUALS), Kalamassery, Ms. Banerjee said that the judiciary is the guardian of the Constitution. “When rights are infringed, whether constitutional, statutory, contractual or equitable and justice denied, the Judiciary steps in to adjudicate and grant relief,” she said.

Stating that the citizens are conferred fundamental and other constitutional rights, she said that some of the fundamental rights are available to non-citizens. “How well the Constitution works would depend on the people responsible for its operation,” she said.

Ms. Banerjee pointed out that the basic attributes of any judge are absolute independence, integrity beyond any iota of doubt, unflinching impartiality, intelligence, erudition, dedication and inclination and capacity to work hard. “Be respectful to the Court, but you need not be subservient to the Court. You must, however, always remember you are an officer of the Court, even though you may have a duty to your client. Do not mislead the Court. Have a professional approach. Be honest. Never lie before the Court, she said.

In her address, Minister for Higher Education R. Bindu said that it is important to maintain the independence of the judicial system from external forces, though it is by no means easy. “The judicial system, as it operates within society, might be under social and cultural influences that pervade at a particular time. Maintaining a critical distance from the prevailing discourses becomes an essential part of the independence that is inevitable for the strength of the system,” she said.

Justice S. Manikumar, Chief Justice of the Kerala High Court, and Chancellor of NUALS; Vice Chancellor K. S. Sunny, were among those who attended the convocation in which 69 LLB, 59 LLM and 6 PhD students received their degrees.