Friday 3 August 2012

The Rule Of Law And The Rule of Life

Justice Vaidyanathapuram Rama Iyer Krishna Iyer
Photo: www.supremecourtofindia.nic.in


By Justice V.R Krishna Iyer

The rule of law to be worthy of lawyering must run close to the rule of life. A humanist jurist can be truly great only if it has a spiritual illumination. So much so, students of law must have a course in the moral well-being of society in the peaceful non-violent world for the happy survival of humanity. Our constitution in its preamble has emphasized truth and integrity, social and economic justice and the little man’s rights to caste his little vote with the decisive voice in the long run so as to insure a socialist secular society. This is the true tryst with the destiny India has made when it became free.

The Constitution, which is our paramount law, has in its very preamble emphasized the soul of our culture the values for which Bharat Republic stands. No Indian is a luminous patriot unless he is inspired by the basic substance of Socialism, Secularism, Democracy in their egalitarian, materialism and spiritual luster. No one-no lawyer or educated being is truly so unless he understands that education is the manifestation of the perfection in Man. Nor is he honestly religious, Bible and Koran nor Vedas   apart, unless his being is luminous with universal divinity of all high faiths. This vision of omnipotent Religion must be the fundamental rule of law and taught to every student as integral to Law, Justice and World unity and peace. Students of justice, justicing and jurisprudence sans this learning is not humanist or members of global cadre. Man, if he be truly divine, must realize that justice is above all material assets and wealth. Fiat  Justicia  Ruat Cealum. He lives as a member of the universe never in isolation. We toil foe others as that is our mission.

To argue that socialism as an anomaly, is an unconstitutional submission. Indeed, the Preamble itself which is an integral part of the constitution must emphatically declare all the ingredients of socialism .The amendment specifically mentioning socialism is itself supererogatory. Sans the word socialism the thrust and meaning of the provisions of the constitution can leave no economist, no jurist in doubt that the Republic created is one of the economic justice, which is another word for socialism. Indubitably, India is a Socialist Nation. It is not worthy that a strong Bench of Supreme Court, speaking through Justice D.A.Desai had interpreted the constitution is a socialist one and held further that pension are not gift or charity but unearned income based on the theory that India is a Socialist Republic. This is the dream of our destiny and the command of our finer future for survival.

The service of India means the service of the millions who suffer, it means the ending of poverty and ignorance and disease and inequality of opportunity. The ambition of the greatest man of our generation has been to wipe every tear from every eye. That may be beyond us but as long as there are tears and suffering, so long our works will not be over”  (Nehru)


(Dr. V.R Krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India)

No comments:

Post a Comment