J Ranjan Gogoi: “What unites us? Without doubt it is the Constitution”

Chief Justice of India-designate Ranjan Gogoi on Monday stressed that constitutional morality must prevail in the country, maintaining that issues like what we should wear, eat or believe cut and divide citizens.

“What we should we wear, eat, believe etc are issues which cut and divide us. So what is it that unites us? Without doubt it is the Constitution,” Justice Gogoi said, speaking at the farewell at a function of outgoing Chief Justice Dipak Misra held by the Supreme Court Bar Association (SCBA), adding that “Whenever we are in doubt, it is Constitutional morality which should guide us.”

“Constitutional text doesn't give readymade answers. It though tells path to give answers,” said Justice Gogoi in his address.

Justice Gogoi further said that Justice Dipak Misra displayed remarkable erudition and fortitude ever since he was elevated to the Bench. “His greatest contribution has been in Constitutional law, particularly concerning civil liberties,” he said, referring to the judgement’s given by Justice Misra in Navtej Singh Johar (Section 377), Tehseen Poonawalla, National Anthem and Charu Khurana cases.

Delivering his farewell address, Chief Justice Misra said that “Indian judiciary is a strong institution standing firm in the face of assaults”. He exuded faith that independence of judiciary will remain safe in the hands of CJI-designate Ranjan Gogoi.

Though Justice Misra is slated to retire tomorrow, due to the Gandhi Jayanti holiday, his tenure as the 45th Chief Justice of India effectively came to an end today.

Maintaining that Indian judiciary is the most robust institution in the world, justice Misra said: “Our judiciary has been strongest judiciary in the world having capability to handle mind-boggling number of cases.” He said that if he ever chose to write an autobiography, the title of the proposed book would be "No Rhetorics".

In his farewell speech, justice Misra also gave a piece of his mind to lawyers. “Lawyers must not turn losers and say anything when they lose a case.” Quoting political philosopher Socrates, he asserted that “slander is the method of losers”.

“The number of judgments CJI Dipak Misra has written the last week is perhaps a record; time and again he has dealt with gender issues, he has been named ‘gender warrior’ by some newspapers,” Attorney General KK Venugopal said in his speech.