Bar must have courage to speak when silence is convenient: Former CJI BR Gavai in Sri Lanka

Former Chief Justice of India (CJI) BR Gavai on Sunday underscored the responsibility of the legal profession to defend constitutional values even in challenging times.

He said that the true strength of a Bar Association lies in its willingness to speak up when it is easier to remain silent.

He added that the credibility of such bodies depends not on size but on principles.

“The true strength of a Bar Association is not measured merely by the number of lawyers it represents. Its strength lies in whether it possesses the courage to speak when silence is convenient, whether it can defend institutional integrity when institutions themselves are under strain, and whether it can continue to nurture younger generations of lawyers with a sense of professional ethics and public responsibility,” he said.

Justice Gavai was delivering the keynote address at the 52nd Annual Convocation of the Bar Association of Sri Lanka held at Columbo.

In his speech on the role of an independent bar in protecting constitutional democracy and citizens’ rights, the former CJI emphasised that the bar and the bench are interdependent.

“An independent judiciary does not operate in isolation. Its independence is both sustained and tested through the functioning of an independent bar.”

Justice Gavai also emphasised on the legal profession’s responsibility in resisting external pressures and safeguarding judicial independence.

"An independent bar resists pressures, challenges excesses, and maintains a culture of constitutional argument. In moments of institutional stress, it is often the Bar that stands between the judiciary and attempts to dilute its autonomy," he said.

Expanding on this, he said that the independence of the bar is not merely a matter of professional autonomy but a constitutional imperative.

“In that sense, the independence of the Bar is not a professional privilege. It is a constitutional necessity. It ensures that citizens have access to representation that is not compromised by external influence. It ensures that the State is held to account through reasoned argument and legal challenge,” Justice Gavai opined.

He described the relationship between the two branches of the judiciary as foundational to democratic accountability. Both institutions must function in tandem to uphold the rule of law, he remarked.

Justice Gavai further underlined that lawyers play a broader role in shaping democratic discourse beyond courtroom advocacy. He drew from India’s own freedom struggle to illustrate the point. He noted that the legal profession has historically played a central role in shaping political and social transformation.

“Lawyers shape the moral and political imagination of a society. They articulate claims of rights, frame the language through which injustice is identified, and help build the constitutional discourse that ultimately finds expression in legal doctrine,” said Justice Gavai.

Reflecting on global and comparative experiences, Justice Gavai observed that the role of an independent Bar remains central across constitutional democracies. He noted the interventions of the bar in Sri Lanka during moments of constitutional stress, including its stance during the impeachment proceedings against the Chief Justice in 2012.

Against this backdrop, he pointed out that the strength of democratic systems depends not only on institutional design but also on the conduct of those who operate within them.

“The experience of both India and Sri Lanka demonstrates that the strength of constitutional democracy depends not only upon constitutional text or institutional design. It depends equally upon the presence of an independent, vigilant, and engaged Bar,” said Justice Gavai.

He added that in an era marked by new and evolving challenges, the responsibility of the legal profession has only grown.