May 11, Colombo (LNW): Former Chief Justice of India, B. R. Gavai, has underscored the critical importance of an independent legal profession in defending constitutional democracy, warning that lawyers must be prepared to uphold justice even during politically sensitive times.
Delivering a speech before the Bar Association of Sri Lanka on the theme of protecting constitutions and citizens’ rights, Justice Gavai stressed that the legal profession serves as a cornerstone of democratic governance. He remarked that lawyers carry a responsibility not only to their clients, but also to the broader principles of accountability, fairness and the rule of law.
According to the former Indian Chief Justice, the relationship between the Bar and the judiciary is fundamental to maintaining democratic balance, describing both institutions as partners in preserving public confidence in justice systems. He noted that an independent Bar enables citizens to challenge abuses of power without fear or intimidation, ensuring governments remain answerable under the law.
Justice Gavai also commended the longstanding role played by the Bar Association of Sri Lanka, praising its contribution to constitutional debate and its willingness to defend democratic values during periods of political uncertainty. He observed that legal institutions earn public respect when they remain guided by principle rather than expediency.
Reflecting on history, he highlighted how prominent lawyers helped shape modern nations and democratic movements. Referring to India’s struggle for independence, he cited influential figures including Mahatma Gandhi, B. R. Ambedkar, Jawaharlal Nehru and Sardar Vallabhbhai Patel, noting that their legal backgrounds played a significant role in shaping constitutional and social reform.
The former Chief Justice further discussed several landmark judicial decisions in India, including the historic Kesavananda Bharati v. State of Kerala ruling, which established the basic structure doctrine restricting Parliament’s authority to alter core constitutional principles. He praised the advocacy of renowned constitutional expert Nani Palkhivala in influencing the outcome of the case.
He also referred to a 2024 ruling by India’s Supreme Court concerning the demolition of properties linked to criminal suspects, where the Court held that state authorities cannot simultaneously assume the roles of investigator, judge and punisher. Justice Gavai emphasised that constitutional governance cannot exist where punitive measures are carried out without proper legal process.
Concluding his address, Justice Gavai warned that democracies worldwide are confronting increasingly complex legal challenges ranging from digital surveillance and migration to environmental crises and organised transnational crime. In such an environment, he said, societies require a legal profession that remains independent, courageous and actively engaged in defending constitutional freedoms.