The rule of law has its origin in India. The rule of law, known as ‘dharma’ in ancient India, is the foundation of various laws of today, Justice Sharad Arvind Bobde, Judge, Supreme Court of India, has said.
He delivered the Justice Jasti Chelameswar Endowment Lecture, instituted by chairman of Lok Nayak Foundation Yarlagadda Lakshmi Prasad, at Andhra University here on Saturday.
Justice Bobde said it would be mistake to equate ‘dharma’ with religion. While religion divides people, dharma unites them. Referring to the Mahabharata, he recalled the words of Gandhari: ‘May the righteous one win’. He said: “This I believe is one of the earliest statements of the Rule of Law. It is also the motto of the Supreme Court.”
Upanishads
Justice Bobde said: “It is because of the pre-Constitutional past of India that we (India) are still prospering. The Upanishads also say there is nothing higher than dharma”. “The rule of law enables the weak to prevail over the strong. The final arbiter is the Supreme Court of India. However, government does not like when its actions are set aside.” Quoting Justice M.N. Venkatachalaiah, former Chief Justice of India, Justice Bobde said: “A certain degree of tension between different wings of the government is healthy as it keeps them on their toes and to go for re-examination of the issue, if necessary”.
He said separation of the three wings of the State was meant to ensure checks and balances.
Justice Lavu Nageswara Rao, Judge, Supreme Court, who participated as chief guest, spoke of his association with Justice Chelameswar during the last three decades.
Andhra University Vice-Chancellor G. Nageswara Rao presided.
Mr. Lakshmi Prasad felicitated the judges. AU Registrar V. Umamaheswara Rao proposed a vote of thanks.
