Rule of law is democracy’s essence: Justice Nagarathna
Justice BV Nagarathna emphasized the rule of law's importance in democracy, urging law graduates to uphold integrity and constitutional values in their careers.
Supreme Court judge Justice BV Nagarathna on Saturday underscored that the rule of law is the essence of democracy, reminding that it is the duty of courts to enforce it “without fear or favour, affection or ill will.” She emphasised that India’s independent judiciary has been the cornerstone in preserving this principle.
Justice Nagarathna, who is in line to become the country’s first woman Chief Justice of India in 2027, was delivering the convocation address at the National Law University, Delhi, where she urged graduating law students to embrace integrity, empathy and constitutional values as guiding principles of their careers.
Addressing the graduating class, Justice Nagarathna described the Constitution not as a “mere legal document” but as a charter of societal transformation. She said it entrusts lawyers and judges not with the defense of rules alone but with the defense of a purpose rooted in equality, liberty, and justice. “You will not just be lawyers but custodians of India’s unfinished and ongoing project of transformation,” she added.
She explained that the transformative vision of the Constitution can be understood through three themes -- Equality code, which lays down a framework for substantive equality that seeks to overcome institutional and structural barriers; Fraternity, which is a constitutional commitment to combating economic exclusion, social boycotts, religious excommunication and workplace exploitation, and Liberty code, which is a vision of the State as an enabler of individual freedoms and as a vehicle of social transformation.
Justice Nagarathna highlighted five structural features of the Constitution that, in her view, guarantee good governance -- the Preamble, fundamental rights and the rule of law, directive principles, separation of powers and the federal structure.
{{/usCountry}}Justice Nagarathna highlighted five structural features of the Constitution that, in her view, guarantee good governance -- the Preamble, fundamental rights and the rule of law, directive principles, separation of powers and the federal structure.
{{/usCountry}}“These are not mere decorative words; they are guiding principles for every act of governance,” she said, emphasising that the Preamble’s ideals of justice, liberty, equality and fraternity remain the compass for India’s democratic journey.
{{/usCountry}}“These are not mere decorative words; they are guiding principles for every act of governance,” she said, emphasising that the Preamble’s ideals of justice, liberty, equality and fraternity remain the compass for India’s democratic journey.
{{/usCountry}}On the independence of the judiciary, she stressed that rule of law thrives in India precisely because the courts have been supported by a free and independent Bar. “The power of judicial review is a potent instrument for ensuring that laws and executive actions conform to constitutional principles and do not infringe fundamental rights,” she added.
{{/usCountry}}On the independence of the judiciary, she stressed that rule of law thrives in India precisely because the courts have been supported by a free and independent Bar. “The power of judicial review is a potent instrument for ensuring that laws and executive actions conform to constitutional principles and do not infringe fundamental rights,” she added.
{{/usCountry}}Justice Nagarathna also spoke directly to the professional and moral obligations of the legal fraternity. She said that success in law must be measured not by financial gain but by the positive impact on society, especially in upholding the constitutional mandate of providing free legal aid under Article 39-A.
“The foundation of a meaningful legal career is not brilliance, not eloquence, not even technical expertise-- it is integrity,” said the judge, noting that integrity is built over years of principled choices and the courage to decline compromises. True authority in law, she said, comes not from dominance but from empathy, not from titles but from trust.
Justice Nagarathna closed her address by reminding graduates that the Constitution is not a ceremonial text but a living instrument that must animate debates, inspire reforms, and shape India’s sense of justice. “It must be spoken of in homes and classrooms, cited in judgments and policy papers, and defended in public life. It is lawyers, judges, and law teachers who must lead that effort,” she said.
