Basic structure doctrine has ensured continuity of democratic values: Justice N Kotiswar Singh

The basic structure doctrine has ensured continuity of democratic values and institutions without abrupt disruptions, Jammu & Kashmir and Ladakh High Court Chief Justice N Kotiswar Singh said on Sunday..Justice Singh stressed that the doctrine of basic structure is firmly entrenched in our legal system and some of the best legal minds have worked on this.“The legal theory of basic structure which is now firmly entrenched in our legal system has ensured continuity of a democratic values and institutions without abrupt disruptions. Some of the best legal minds have played a significant role in this,” the judge said..Justice Singh was speaking at the International Lawyers Conference organised by the BCI. The topic of the discussion was: 'Evolving Role of Legal Professionals/Institutions’.Supreme Court judge, Justice Ahsanuddin Amanullah, former apex court judge Justice MR Shah, Karnataka High Court Chief Justice Prasanna B Varale as well as Senior Advocates Vivek Tankha, Lalit Bhasin and Mohit Saraf also addressed the gathering..Justice Singh highlighted that legal professionals have played a significant role in pre and post-independent India. They have a significant role to play if the country is to overcome the challenges that lay ahead.“I know Charles Darwin is discredited in many circles these days, but I will quote him: 'It is not the strongest of species that survives, nor the most intelligent; it is the one that is most adaptable to change that survive’.”.Meanwhile, Justice Amanullah said that shades of gray persist in the law and “injustice anywhere is a threat to justice everywhere.”He spoke about the lawyers' calls for strike and lawyers’ bodies denying their services to people accused of heinous crimes and said that there are no easy answers to these issues.“Add to this the constant cover of media, every move is questioned and judged… While looking to pigeonhole answers, responses and choices into right and wrong, what we forget is that not everything can be so classified. As students we saw law as white and black but as you enter the profession, you realise that shades of gray exist and persist within the confines of law itself,” he said. .In his address, Justice Varale said that the legal profession which was once characterised by its conservative approach is now going through a transformation and is being driven by technology and shifting of societal values.He said that the Supreme Court’s judgement in cases like Navtej Jauhar which decriminalised consensual homosexual acts, is a testament to the judiciary’s evolving role and endorsing progressive societal values.“Websites like Indian Kanoon, Vakeel Search, SCC Online, Live and Law and Bar and Bench have made legal service more accessible to a wider population. They not only exemplify the changing role of the legal profession but also the way to bridge the justice gap.” .Senior Advocate and Rajya Sabha Member of Parliament (MP) from Congress, Vivek Tankha responded to Justice Amanullah’s comments on the strikes and said these strikes would not happen if the lawyers are involved as stakeholders.He spoke about the opposition MPs lacking space to air their grievances in parliament as well.Tankha said that he accepts that the MPs should not enter the well of the parliament but they are forced to do it because they are not given any space.“I am saying this because writing a judgement will not stop the lawyers' strikes. Involve them in the decision making and there will be no strikes. It not only applies to the court but to India. If you want India, Kashmir, North, South to be peaceful, make them stakeholders. You (judges) are the protectors of rights of people and lawyers are the soldiers of democracy. If the two come together, I don't think anyone can take this country astray.”In a possible reference to BJP MP Ramesh Bidhuri’s offensive remarks against fellow MP Kunwar Danish Ali, Tankha remarked that people using such abusive language are getting away.“People are using such abusive words inside Parliament and they get away. How can you be so intemperate and wrong and get away. You need to have your sense of justice, you can't be partisan in your sense of justice.”.Senior Advocates Lalit Bhasin and Mohit Saraf meanwhile highlighted that India is now moving ahead with rapid pace and that there are ample opportunities for the legal professionals.“My request to younger people here is let us keep law as a profession and not make it a business,” Bhasin said..Justice MR Shah who is also the Chairman of the Legal Education Committee of the BCI said that the bar body is going introduce some radical changes in legal education in the country..Read our live coverage of the event below.