Silver Jubilee Celebration of the All Assam Lawyer's Association , dt ...

ADDRESS ON THE OCCASION OFSILVER JUBILEE CELEBRATIONS OF THEAll-ASSAM LAWYERS’ ASSOCIATION(Delivered on 28.01.2006)Y.K. SABHARWAL,CHIEF JUSTICE OF INDIAIt gives me great pleasure to be here today, participating in the celebrations that commemorate 25memorable years of the All-Assam Lawyers Association.EstablishmentIt was on the 14th of May, 1980, that the concept of having a common platform for lawyers workingin various districts in Assam was first mooted. The Secretaries and Presidents of a variety of differentLawyers’ Associations met and constituted an ad-hoc committee to organize the first meeting of lawyersfrom all across the state. Almost 4000 lawyers came together to adopt a common constitution, and thisorganization was born. Several distinguished jurists and legal personalities graced this occasion. Thisincluded Hon’ble Justice Venkataramiah of the Supreme Court, Justice D. Pathak, the then Chief Justice ofthe Orissa High Court, who released the first souvenir of the AALA, and the legal luminary Mr. V.M.Tarkunde. In addition, the then Governor of Assam, Mr. L.P. Singh was also present, as were a number offormer advocate generals of Assam, including Dr. J.C. Medhi, Mr. Bhabesh Ch. Barua, Mr. A.R. Barthakur,Sri J.P. Bhattacharjee, among others.The AALA is now an august body of over 7000 members, almost double of what it was when it wasformed. It has 36 units all across the state of Assam.Past and Present Office BearersThe AALA has played a valuable role in furthering the interests of the bar in this entire region. Itsdelegates have on several occasions made representations to the Central Government on a number ofsocio-economic and legal issues of concern. Problems that have been faced by the legal fraternity ofAssam, as well as the people of Assam, have all been espoused in a responsible, balanced and timelymanner.The successes of this Association are a product of the hard work of its members and the constantperseverance of its office bearers, who have been of the highest caliber. It would be fitting to remembertheir contributions on this occasion. The first President of the AALA was Shri Nara Narayan Goswami, a

distinguished freedom fighter and a brilliant civil lawyer. He was followed by Ramesh Choudhary, aneminent lawyer of the Guwahati High Court. Shri Lakheswar Hazarika, a senior advocate from the NagaonBar Association, occupied the chair of President for two consecutive terms. He was followed by Mr.Surendra Nath Medhi, who contributed in a big way in the public sphere as Minister of Law for the State ofAssam during the 1990s. On his sudden demise, he was succeeded by Mr. Hem Kanta Sharma, also fromNagaon. Sri S.P. Deka, the incumbent President, is also President of the Lawyers’ Asociation of Gauhati,one of the oldest Bar Associations in the country.Important Objectives of the AssociationThis association was established with worthy objectives in mind. Certain crucial themes recurthrough its Constitution.a) Some of its objects clearly reflect the chief purpose of its creation – viz, to uphold the honour,dignity and independence of the Bar and the profession of law and legal education; to assist the Barin upholding its right and dignity and to promote its relation with the Executive and the Judiciary.The Bar must assist the Court in remaining, in the words of Chief Justice Kania half a century ago, “quiteuntouchable by the legislature or the executive authority in the performance of its duties.” In the memorablewords of Chief Justice Patanjali Shastry, the Courts function as “the sentinels on the qui vive”, a referenceto sentinels guarding French castles in days of yore. The duty of the higher judiciary is to operate as awatchdog through judicial review over both the acts and the omissions of the legislature and the executive.But the judiciary cannot succeed in this role if it does not receive the full and unstinted support of the bar.Independence of the judiciary necessarily requires independence of the bar as well. The profession of lawis more than an ordinary job – it is “a vocation which offers the joy of intellectual achievement, which claimsthe allegiance of unswerving honour, which askes for the guardianship of high tradition, and which offers awide field for loyal and generous service to the community.” The existence of an independent and fearlessbar is a bulwark against authoritarianism, possibly the only bulwark that cannot be overcome, the only voicethat cannot be subdued.b) It must be remembered that this is an association of lawyers, all of whom have a certain moralresponsibility towards the Constitution and the creation of a just legal order. This is recognized in theobjects of this association, which include upholding the Constitution of India; and furthering the properadministration of justice and maintenance of the rule of law. Democracy, liberty and the rule of law are2

ecognized today as the indices of a civilized society. Democracy signifies a government of, by and for thepeople. The protection of individual lberties follows the concept of democracy as a natural corollary. Thisnecessitates the adoption of a systematic structure of laws by which society might be regulated anddifferent conflicting interests can be harmonized to the fullest extent. This is why ‘the rule of law’ isindispensable. It envisages the supremacy of law as opposed to anarchy or arbitrary dictates; it involvesequal accountability of all before the law irrespective of high or low status. Any social institution that fostersthe rule of law also contributes significantly to the promotion of democracy and safeguarding liberty. This isequally true of an organization such as the AALA.c) The rights discourse has attained increasing prominence in the national consensus over time. Thisis especially important in a country like India, where a vast majority of the populace is still unaware of whatthe Constitution guarantees to it. Assisting the Court in the discovery and enforcement of fundamentalrights is one of the core functions of the bar. This association aims to strive for the reform of theadministration of justice and of law and its healthy development to suit the social, economic andother needs of the people; to apply knowledge and experience in the field of law for the promotion of thepublic good; to take measures to provide free legal aid to the poor and to establish and maintain asystem of prompt and effective legal advice for such persons; and to uphold and defend the civilrights and liberties of citizens. Legal awareness has been boosted in a big way by the AALA. It hasendeavored to bring the law within the reach of the common man by providing aid to the needy and thedowntrodden. Some of the greatest lawyers who have argued before the Court have been those who hadthe vision and conviction to argue for the recognition of new facets of the right to life. The fundamentalrights have been increasingly resorted to as the judicial fountainhead from which the legal mandate forliving a good life emanates – a life that is more than mere animal existence. This has been a crucialcontribution and it must be recognized. It is only through taking human suffering seriously and stepping in tosupport causes that are just that we can hope to create an egalitarian future for our children. It is no smallservice to be called upon to defend the life, liberty and dignity of others.d) The quality of relations between the bar and those it serves is directly proportional to the quality ofthe judical order. It is fitting that this association aims to promote and maintain good relations and cooperationbetween the bar and the bench, and between the bar and the public. We must rememberthat the strength and failure of our judicial system, its utility and credibility as a necessary organ of the State3

in a civilized society, the respect it would evoke and the confidence it would inspire would depend upon theway it satisfies the hopes and aspirations of the people, of the common man in the quest for justice, inkeeping the scales even in any legal combat between the rich and the poor, between the mighty and theweak, between the State and the citizen, without fear or favor. The Supreme Court in J.A. Kadar v.Shankarlal Gulabchand, (1975) 2 SCC 609, while emphasizing the traditions and canons of professionalethics and etiquette, observed that “… the paramount consideration that the Bench and the Bar form anoble and dynamic partnership geared to the great social good of administration of justice puts the lawyerappearing in the Court in a class by himself and to compare him with an ordinary agent may be to lose sightof the lawyer as an engineer of the rule of law in society.” It is only when relations between the bar and thebench and between the bar and the public are good that the law can effectively operate, and it is theresponsibility of associations of lawyers such as this to ensure that these relationships are protected andnurtured.e) A legal system is only as good as the standard of debate, study and analysis it supports. Thisassociation addresses both these concerns. It aims to take measures with a view to promote an efficientsystem of law reporting and publication of works on law; and to hold conferences and seminars forthe promotion of these objects. I am happy to note that this Association has organized seminars, symposia,workshops and lectures in different parts of the state.f) Lastly, the legal profession involves a long gestation period before one can become a successfullawyer. One of the most laudable aims of this association is to take measures to provide financial aid to themembers of the Association and their families in distress.ConclusionThe silver jubilee is not merely an occasion of celebration, it is also a time for introspection andsoul – searching. This association has played an important and indispensable role over the last quartercentury in developing and maintaining the highest standards of professional ethics amongst the lawyers inthis region. Its members have been invaluable in the proper democratic functioning of civil society andpublic life. This association has withstood the trials and tribulations of the many torrid days that have comeand gone and has withstood and indeed overcome these challenges with aplomb, never allowing for anycompromise on the standards and ethics of the profession – the test of fire makes fine steel. I am confident4

that the future generations of lawyers, who are students of today, will show the same mettle as was shownby those who preceded them, and will carry forward the traditions of this association and all the virtues forwhich this Association stands by and promotes. I wish the All-Assam Lawyers’ Association all the very bestfor the future.* * * *5