- •2The judiciary are influenced by the access ordinary people have to lower
- •10Address the issue of granting legal aid to the poor but, enough has not
- •11Work hard and join such panels merely for the purpose of earning their
- •14Fearless of public clamour. He is expected to administer justice according
- •17You should embrace the inter-disciplinary elements of your
17You should embrace the inter-disciplinary elements of your
education to get a well-rounded perspective on the world. Whether
through your classes or your own personal efforts, learn about history,
philosophy, science, literature and art. These disciplines will serve you well
as a lawyer. The law is grounded in history and philosophy. Many of the
biggest controversies in society today involve science. Literature and art
will help you learn that the world can be understood in many different ways.
An inter-disciplinary, well-rounded education allows you to prepare for
whatever you may confront in life whether in the law or outside of it.
Second, think about theory while you are here. When you read a
case don’t just examine the facts and the holding, but reflect upon the
theory and context behind the decision. If a particular issue strikes you
research it further and write about it. Consider submitting your work to the
law review. There are still many areas of the law that need to be more fully
explored by scholars and students like you. Moreover, when you study the
theory behind the law you are learning principles you can apply to any
case.
Third, learn about law and globalization while at law college. Dean
Harold Koh of Yale Law School asks students to consider three aspects of
law and globalization: the law as globalization, the law of globalization, and
the law in globalization.[ Harold Koh, “Dean’s Welcoming Speech 2006”
18Aug. 30, 2006] Let’s examine each of these briefly in turn to get a sense of
this relatively new field.
The law as globalization. This means that the spread of law
worldwide is a feature of globalization just like global communication or
global culture. Of course, the sharing of legal knowledge between
countries is not new. India has looked abroad for inspiration for its law
since independence. The Indian Constitution’s political structure was
influenced by Great Britain, the Fundamental Rights by the United States,
the Directive Principles by Ireland, and its federalism by Canada and
Australia. When drafters of constitutions in other countries undertook their
task, they too looked to other countries for inspiration. Recently, the
drafters of the South African Constitution deliberately cast their gaze to
constitutions across the world for inspiration for their own constitution.
Similarly, courts of different nations look to the decisions of other
courts for insight or guidance to a topic before them. This too is not new.
What is new is that the decisions of courts from around the world are now
just a mouse click away. This increased interconnectivity brings
advantages and disadvantages. It is an advantage because we can learn
from the experiences of other countries and when applicable have our
discussions shaped by the reasoning of courts in similar situations.
However, there are also potential pitfalls. There can be literally hundreds
of decisions on any given topic from other countries around the world. We
19can become overwhelmed by the shear immensity of information we are
presented with. Furthermore, many of the experiences of other countries
may be only partly relevant or not relevant at all. It is learning to
discriminate amongst all the information presented in a globalized world
that makes a good lawyer.
Let’s now turn to the law of globalization. This means that
globalization comes with its own unique set of laws and legal institutions,
whether it is human rights treaties or WTO trade law. An increasing
number of cases involve or are informed by this law of globalization. It is
imperative that we understand and shape this emerging law.
This brings us to the law in globalization. Here, the word “law” is
used normatively, in that law is not just a set of rules – dictators and tyrants
can impose those through force – but instead law has a moral authority,
law brings justice. We must understand how we can use the law to blunt
the harsh edges and control the dark sides of globalization. As long as
people have humanity so must their law, this is no different in a globalized
world.
Turning from globalization and the law, let me discuss a fourth
aspect. I think that before you go out of the law college, you should engage
in public service as part of legal education while you are here. There are a
number of ways of doing this. One is working at the legal aid clinic at the
20Government Law College. Such work not only trains you in skills you will
need to be a successful lawyer, but also allows you to give back to the
community around you. You will discover challenges in public service
work. You will also develop a greater understanding of the perspectives of
those you help. That greater understanding will in turn increase your
desire to help.
This brings me to the fifth and last aspect of your legal education.
Reflect upon your values while at law college. What will you stand for?
What will you fight for?
Gandhi and Nehru were trained in the law, as were many of our
other independence leaders including Dr. Ambedkar, a distinguished
alumni of this school. So were great leaders for freedom and equality in
countries around the world. The challenges our country faces today may
be different than those it faced at the time of our founding fathers, but the
need for lawyers committed to the public service is no less, need for values
is no less and the need to improve the reputation of lawyers as a class, is
no less. Final judgment is yours.
Conclusion
It is important that we are asked to dream of utopias. To ask not just
what is, or what seems possible, but what could be. In the first part of this
lecture I outlined some of the challenges facing justice dispensation in our
21country, and hinted to some answers. I limited my grand pronouncements
about the future and instead chose to spend the second half of my talk on
discussing legal education. I did so because lawyers will be important
practitioners and in many ways the architects of justice dispensation in the
future. If we have good lawyers – by which I mean well-rounded lawyers,
grounded in theory and research, adaptive to a changing world, committed
to the public service, and motivated by strong values – then we have
reason for great hope. Whatever utopias we strive to reach that journey
begins here. That is why I am so thankful that I was asked to come today
to celebrate the
150th
anniversary of this illustrious institution that has
already produced so many distinguished alumni. The strength of
institutions like the Government Law College and the potential of students
like yourself gives us confidence that the future of justice dispensation in
this country is bright.
Let me end by acknowledging that it is difficult to achieve the
perfection but one can always strive to excel and if one continues to walk
on this path tirelessly, many, if not all, problems could be overcome. Many
thanks and best of luck.
