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NEW DELHI: With Chief Justice of India DY Chandrachud set to retire next month, he said that his mind is heavily preoccupied with fears and anxieties about the future and the past, and ponder over questions whether he achieved everything he set out to do and how will history judge his tenure.
He said the answers to most of these questions lie beyond his control and perhaps, he will never find answers to some of these questions.
CJI was speaking at the 3rd convocation ceremony of Jigme Singye Wangchuck (JSW) School of Law of Bhutan on Tuesday evening.
The event was attended by Bhutan Princess Sonam Dechan Wangchuck, President of JSW School of Law, Lyonpo Chogyal Dago Rigdzin, Chief Justice of Bhutan and other dignitaries.
“Pardon me for being a little vulnerable. I will be demitting office as the Chief Justice of India in November this year, after having served my country for two years. As my tenure is coming to an end, my mind has been heavily preoccupied with fears and anxieties about the future and the past. I find myself pondering over questions such as: Did I achieve everything I set out to do? How will history judge my tenure? Could I have done things differently? What legacy will I leave for future generations of judges and legal professionals?,” he said.
CJI expressed a sense of fulfilment while reflecting on his two-year tenure as the head of India’s judiciary. He said he found solace in knowing that he consistently gave his best, regardless of the outcome.
He took over as the Chief Justice of India on November 9, 2022, and will demit office on November 10.
“The answers to most of these questions lie beyond my control and perhaps, I will never find answers to some of these questions. However, I do know that, over the last two years, I have woken up every morning with a commitment to give the job my fullest and gone to bed with the satisfaction that I served my country with utmost dedication. It is in this, that I seek solace. Once you have this sense of faith in your intentions and abilities, it is easier to not get obsessed with the outcomes. You begin to value the process and the journey towards these outcomes,” said the CJI in his convocation address.
CJI urged the audience to “recognize and honor traditional values” that have been foundational to societies like India and Bhutan.
“Countries such as Bhutan and India, often find themselves at crossroads with diverse influences, particularly from the West, however, nations located in unique historical, social, and cultural contexts, such as ours, must constantly challenge the assumption that these values and principles are universal or always contain the correct answer”, he said.
“The conventional Western definition of ‘human rights’, which tends to prioritise the individual over the community, while well-intentioned, fails to account for the diverse perspectives and cultural nuances that shape our understanding of justice”, added CJI.
“For instance, both India and Bhutan are home to communities that rely on traditional community-based dispute resolution and governance mechanisms. Such mechanisms must not be shunned as traditional and archaic. Instead, they must be supplemented by modern constitutional ideas. In India, our Constitution itself has provisions which deal with village panchayats and gram sabhas, thereby, institutionalising such processes and imbuing them with modern political thought and procedure,” he said.
“There is often a misconceived perception that the traditional values of our communities are antithetical to modern democratic ideas such as liberty, equality and dissent,” said the CJI.
He further stressed that as we engage with the forces of cultural assimilation and globalisation, it is essential that we “prioritise the preservation of our distinct cultural identities”.
“This requires a thoughtful and selective approach to adopting global norms, ensuring that they complement and enhance our existing values rather than supplanting them. By doing so, we can foster a cultural landscape that seamlessly blends tradition and modernity, allowing us to forge our own path toward progress and development,” CJI Chandrachud told the gathering.
He emphasized Bhutan’s focus on environmental protection and noted that the country’s Constitution enshrines the principle of environmental stewardship as a fundamental duty.
“It declares every citizen a trustee of the kingdom’s natural resources and environment for the benefit of the present and future generations and declares it the fundamental duty of every citizen to contribute to the protection, conservation, and prevention of all forms of ecological degradation,” said the CJI.
Addressing the young graduates at the convocation, CJI urged them to wield the law as a tool for positive change, beyond the narrow confines of litigation.
“Your legal education aimed to achieve two interconnected goals: providing sophisticated legal training and cultivating ethical lawyers who harness the law as a tool for social change. Traditionally, the law has been associated as synonymous with disputes and litigation, but this narrow view is misguided. In reality, the law possesses immense potential as a vehicle for transformative societal change. Think of the iconic struggles for justice the fight against apartheid, the civil rights movement, or the ongoing quest for gender equality. These movements were fuelled by passionate individuals who refused to accept the status quo,” he said.
Chief Justice also lauded JSW School of Law’s forthcoming LLM program in Climate Change and Environment Law, saying it is an exciting prospect.
“What better place to study climate change and environmental law, than a carbon-negative country which has lived and breathed the values of sustainability and environmentalism since its inception?,” remarked CJI.
He said that India, facing an unprecedented climate crisis and the perils of unchecked economic growth, urgently needs environmentally conscious lawyers trained in climate change law.
