Former CJI BR Gavai Says Bar And Bench Are Complementary Pillars Of Justice

Former Chief Justice of India BR Gavai stressed the deep relationship between the judiciary and lawyers while addressing the 52nd annual convocation ceremony of the Bar Association of Sri Lanka in Colombo.

Major Remarks

Gavai said that in any constitutional democracy, the ‘Bar’ and the ‘Bench’ are not separate or competing institutions but complementary pillars of justice. He described them as ‘two wheels of a golden chariot’ on which state accountability rests.

The former CJI said an independent judiciary cannot function in isolation and that an independent Bar plays a key role in preserving and testing judicial independence.

Gavai stated that the real strength of a Bar Association lies not in the number of its members, but in whether it dares to speak when silence is more convenient.

According to him, lawyers stand up to protect judicial autonomy whenever state institutions come under pressure.

Referring to India’s freedom struggle, the former CJI highlighted the contribution of legal luminaries such as Mahatma Gandhi, Jawaharlal Nehru, Sardar Vallabhbhai Patel, and BR Ambedkar in shaping India’s destiny. He recalled the Mahad Satyagraha led by Dr Ambedkar, saying it was not merely a fight for water rights but for dignity and equality.

The former CJI also referred to jurist Nani Palkhivala and the landmark Kesavananda Bharati case, which gave rise to the Basic Structure Doctrine. He further mentioned the Emergency period of 1975 and the dissent shown by Justice HR Khanna, noting that Bar Associations across India had protested when he was overlooked for the post of Chief Justice.

Referring to the 2024 bulldozer demolition judgment, Gavai said the executive cannot simultaneously act as prosecutor, judge and executioner, adding that punitive action must follow due legal process, including notice and hearing. He also urged lawyers to understand emerging global challenges such as cybercrime, environmental degradation and migration, saying democracy survives not merely through constitutional texts but through a vigilant and active Bar.

Also Read: Constitution, Not Parliament, Is Supreme In Democracy: Former CJI BR Gavai