Justice Chandrachud : Never Confuse Law With Justice, What Is Just May Not Be Always Legal
Graduation Speech Insights
Acknowledgments and Context
- The speaker begins by acknowledging the graduates of 2020, their parents, and attendees who contributed to this momentous occasion.
- Warm regards are extended to Justice Mr. Shah, Chief Justice Avin Kumar, judges of the Gujarat High Court, and other dignitaries present at the convocation.
- The speaker expresses gratitude to GNLU for the invitation and reflects on the continuous growth and achievements of the institute.
Reflections on Law School Experience
- The speaker notes that many graduates have adapted to a digital world due to the pandemic but emphasizes the joy of reconnecting with classmates in person.
- Acknowledges complex emotions during graduation—happiness, nostalgia, sadness—and recognizes that these feelings are valid and significant.
Emotions in Legal Practice
- Challenges the notion that emotions degrade judgment; instead argues they are essential for fair decision-making in law.
- Highlights how marginalized groups often face assumptions about emotionality affecting their judgment; urges graduates to embrace their emotions as part of their legal identity.
Importance of Empathy in Law
- Discusses incorporating law students into legal aid programs, particularly mediation, emphasizing students' ability to manage emotions better than seasoned lawyers who may become desensitized.
- Stresses that every case impacts lives significantly; thus no case is too small or insignificant.
Career Guidance for Graduates
- Encourages graduates to be proud of their achievements while navigating their careers amidst uncertainty.
- Offers reassurance that it’s normal to feel confused about career paths early on; emphasizes flexibility in making choices post-graduation.
Personal Journey and Reflection
- Instead of welcoming them anew into the profession after two years since graduation, he congratulates them for enduring challenging times.
- Reflecting on his own journey from studying economics without initial plans for law highlights that early career decisions do not define one's future trajectory.
First Steps in Law: A Personal Journey
Discovering a Passion for Law
- The speaker reflects on their initial intention to pursue a master's degree but found inspiration from the film "Three Idiots," emphasizing the importance of attending classes for knowledge rather than just credentials.
- Captivated by the teaching of law, they decided to shift their career path towards law, influenced by its connection to policy and constitutional morality.
Early Career Challenges
- After completing doctoral studies at Harvard Law School, the speaker faced doubts upon returning to India instead of accepting a lucrative Wall Street job. Their first legal fee was only 75 rupees, highlighting market undervaluation despite prestigious qualifications.
- They share that life is often unpredictable and filled with accidents rather than a linear plan, encouraging exploration of various choices in one's career.
Lessons from Litigation
- The speaker discusses essential skills learned over time in litigation, particularly knowing when to speak or remain silent for the benefit of clients.
- An anecdote about representing a public sector undertaking illustrates how sometimes silence can lead to unexpected favorable outcomes in court.
Navigating Legal and Social Justice
The Balance Between Silence and Voice
- Drawing from advice in "Hamilton," the speaker emphasizes that while it’s important to know when to be quiet, having a strong voice is crucial for success outside litigation as well.
Critique of Respectability Politics
- The concept of respectability politics is critiqued; marginalized communities are pressured to conform to dominant cultural norms for acceptance.
- W.E.B. Du Bois's idea of double consciousness highlights how this adherence can further marginalize these groups.
Understanding Law vs. Justice
- A key piece of advice is not confusing law with justice; significant social movements often occur outside legal frameworks yet contribute greatly toward achieving justice.
- Historical context shows that many laws have been unjust (e.g., women's rights regarding property), illustrating that legality does not equate with justice.
The Role of Legal Education in Social Change
Recent Legal Developments
- The Supreme Court's ruling on Section 377 marked progress for LGBTQ rights, demonstrating how legal institutions can evolve alongside societal values.
Future Aspirations in Social Justice
- The speaker encourages pursuing careers focused on social justice despite challenges such as low pay and financial burdens faced by students from disadvantaged backgrounds.
Understanding the Role of Law in Social Justice
The Intersection of Employment and Social Mobility
- Many students from marginalized backgrounds feel pressured to pursue high-paying jobs to repay their loans, which can lead to social mobility and promote constitutional values.
- Engaging in a career with an imbued sense of constitutional morality is essential for advancing social justice.
Critique of Law vs. Justice
- It is crucial to differentiate between law and justice; critiquing existing laws is necessary for advancing true justice.
- The journey towards justice should not be measured against others but should focus on continuous improvement and reimagining laws for better outcomes.
Embracing Failure as Part of Growth
- Choosing adventurous paths may lead to failure; however, this should not deter individuals from striving toward their potential.
- Achieving justice often involves encountering failures, criticism, or chaos—these experiences are integral to social lawyering.
Long-term Impact vs. Short-term Distractions
- In a world dominated by social media distractions, it’s important to focus on long-term impacts rather than fleeting trends.
- The analogy of wind versus current illustrates that persistent systemic issues (the current) require focused effort over momentary distractions (the wind).
Responsibility in a Polarized Society
- Each citizen has the responsibility to balance thoughts amidst conflicting ideologies while maintaining tolerance without blind conformity.
- Graduates must navigate political and moral clashes guided by conscience and reason, advocating against hate speech while promoting equity.
Empowerment Through Legal Education
- As new lawyers, graduates possess the power to discern right from wrong and influence positive change through their education.
- Regardless of chosen legal paths, there exists an opportunity within the profession to uplift both individuals and communities.