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Justice Nagarathna Calls For Sisterhood In Legal Profession
The launch of Senior Advocate ’s memoir, “The Constitution is My Home: Conversations on a Life in Law,” served as more than just a literary celebration; it acted as a forum for profound reflection on the current state of Indian , the nature of , and the urgent need for institutional reform. During the event, which brought together legal luminaries at the India International Centre in New Delhi, Judge Justice BV Nagarathna delivered a keynote address that transcended the standard formalities of such launches, issuing a clarion call for "sisterhood" within the legal profession to dismantle the structural inequalities that continue to plague access and advancement for women.
A Personal Relationship with the Constitution
In her conversation with journalist Sreenivasan Jain, offered a window into her lifelong engagement with the supreme law of the land. Describing the Constitution as a “personal home,” Jaising reflected on her sense of belonging in a country where the perennial question, “Where are you from?” often implies a search for regional or religious roots. Her answer, she noted, is rooted firmly in the constitutional text.
However, this personal connection is coupled with a sharp, professional critique of the current landscape. Jaising argued that while all governments have historically challenged the foundations of the Constitution, the nature of the contemporary threat is uniquely dangerous. Unlike the period of the —which saw the formal invocation of constitutional provisions to justify state overreach—the current era is marked by a more insidious transformation.
“What’s happening now is that without changing the written text, every other form of transformation is happening,” Jaising remarked. This "subtle" shift, she noted, makes it far more difficult to challenge through traditional , as it operates through administrative shifts and institutional conventions rather than overt violations of the letter of the law.
The Necessity of Sisterhood
Justice BV Nagarathna’s keynote address complemented Jaising’s warnings with a roadmap for internal professional reform. Tracing the generational arc of women in the legal field, Justice Nagarathna highlighted that while each successive generation of women has carried less of the initial burden of proving their right to exist in the courtroom, the structural barriers remain deeply entrenched. She noted that men in the legal profession have long operated within an "exclusive male club," benefiting from informal social networks, recommendation systems, and professional sponsorship that create an inherited ease of belonging.
For women, however, these networks were historically absent. As Justice Nagarathna poignantly stated, “Sisterhood in the profession is not a slogan but a conscious intellectual and professional commitment to ensure that access does not end with individual achievement.” She urged senior members of the bar to mentor young advocates across gender lines, emphasizing that individual success is insufficient if it does not translate into broader, collective advancement within the institution.
This call for solidarity is not merely about social support; it is about challenging the scarcity mindset often imposed on minority demographics in high-stakes fields. By refusing isolation and choosing solidarity, Justice Nagarathna argued that women in law could create the institutional power necessary to influence doctrine and ensure that their voices are not marginalized by historically male-dominated cultures.
Institutional Reflexivity and Judicial Integrity
A major theme of the evening was the question of institutional accountability. When discussing the role of the judiciary in acting as a check on executive power, Jaising maintained her position as an "eternal optimist." She pointed to internal reflections within the , such as the reappraisal of bail matters, as evidence that the institution is capable of, and eventually prone to, course correction.
Jaising expressed a clear view on the judiciary’s duty, noting that given their security of tenure, judges possess significant power and that they must be willing to assert this for the protection of civil liberties. Referring to the judiciary's role in maintaining doctrinal coherence, she lauded the importance of benches adhering to , particularly the principle that prolonged is incompatible with .
Justice Nagarathna echoed the call for intellectual courage, emphasizing that “divergent thoughts and perspectives must be considered and allowed to be expressed.” In a democracy, she noted, the is not just a constitutional right but a functional necessity for the judicial process to reach rigorous conclusions.
Bridging the Gap: Mentorship and Professional Access
The event also underscored the enduring impact of Jaising’s decades-long legal career. Her work on issues—ranging from workplace sexual harassment and inheritance rights to the power imbalances in domestic violence—has shaped contemporary . Justice Nagarathna observed that these areas of law have become central to constitutional discourse precisely because of the sustained, principled championed by lawyers like Jaising.
However, the path forward requires more than landmark judgments; it requires a structural reconfiguration of how legal mentorship occurs. The profession has often relied on "inherited ease," where access is gated by existing networks. By advocating for active, cross-gender mentorship, the speakers suggested that the legal field can become more inclusive. This involves a deliberate effort by leaders to sponsor young lawyers who do not fit the historical archetype of the "established professional," thereby breaking the cycle of exclusion that has defined the legal elite for generations.
The Role of the Bar as a Counterweight
The evening concluded with a strong message regarding the independence of the Bar. Jaising argued that a robust and organized Bar is the ultimate check on judicial conduct. For the justice system to maintain its integrity, the legal community must maintain a culture of critical engagement. She advocated for greater transparency in and even suggested a path forward for the judiciary’s upcoming expansion, emphasizing that the current cohort of experienced female judges represents a wealth of talent ready for elevation to the .
Conclusion
The launch of “The Constitution is My Home” served as a poignant reminder that the legal profession is rarely static. It is a space where the battle for rights is perpetually fought, both in the courtroom and in the corridors of power. The symbiosis between Jaising’s calls for a more assertive, principled Bar and Justice Nagarathna’s vision for an inclusive, sisterhood-driven profession offers a compelling framework for the future of Indian law.
As the judiciary faces challenges that are increasingly subtle and institutional, the need for practitioners who are not only technically proficient but also deeply committed to the underlying morality of the Constitution has never been greater. Whether through mentorship, collective institutional accountability, or the refusal to accept the erosion of , the message was clear: maintaining the "home" that is the Constitution is a generational responsibility that requires both the wisdom of the elders and the persistent courage of those who follow.
The evening left attendees with the firm understanding that while the legal profession can be intensely competitive, true progress—the kind that defines a functional constitutional democracy—is found in the refusal to be isolated and in the steadfast commitment to collective institutional integrity.
