What Lawyers must Learn from Scientists to protect and promote Constitutional Morality

 

What Lawyers must Learn from Scientists to protect and promote Constitutional Morality

Lawyers have always been considered or at least expected to be people with notable communication skills, and the ability to simplify complex and intricate legal concepts while making submissions in courts. The TV shows and internet series have contributed to this image significantly. On the other hand, scientists and engineers are often envisaged as book worms, nerds and geeks. Computer scientists are depicted as people who are glued to their powerful PCs and physicist to their white/blackboards. Again, television shows have also played a role in this. Nonetheless, people at the top of both the legal profession and scientific communities are highly intelligent and smart individuals without a doubt.

Advocates argue matters which have great significance in our daily lives. The judgements of the court decide our freedoms and govern our lives. A person who commits a wrong cannot claim ignorance of the law. On contrary, if a person who is not studying science can claim ignorance of several scientific principles and facts without having to be criticized. A person can spend his entire life, reasonably happily, without knowing what gravity is or Newton’s laws of motion or the concept of friction. However, not knowing basic laws will pose difficulty in a person’s life.




Due to the ubiquity of laws and the mammoth power of the State to enforce these laws, lawyers become the gatekeepers of justice. However, despite this lawyers are never admired by the public. Lawyers are called liars and greedy. Lawyers are rarely role models of individuals who are not from the legal community. On the other hand,  names of scientists and engineers like Einstien, Hawking or Carl Sagan, are well known across the world and disciplines. Whereas, lawyers are never as popular as Carl Sagan or Neil deGrasse Tyson or Bill Nye the science guy. Even though Carl Sagan and Tyson have not made discoveries like Einstein or Hawking, in many places they are household names. They are recognized as people who have brought science to houses of ordinary people. They have simplified intricate scientific principles for children. Lakhs of people have read ‘Brief History of Time’ by Stephen Hawking and many of them might be people who do not have advanced knowledge of the subject matter. However, I am sure that no one except journalists and lawyers/law students would have read the right to privacy judgement which governs 1.3 billion lives or the seminal works of legal jurists like Upendra Baxi.

Human beings are born curious but most die indifferent. The scientists who are painted as nerds and geeks with scarce social skills are the ones who have become role models of the public. Scientists are communicating the significance of scientific discoveries. The speech of Carl Sagan titled ‘A Pale Blue Dot’ is the epitome of this. His speech caught the curiosity of millions of people to a photograph of Earth. He made the photograph of the Earth about us- human beings.

One might say that there aren’t similar instances in the legal domain which will draw the attention of thousands of people. I strongly disagree with this. Legal history in India is filled with instances which, if explained rightly, will give goosebumps to people. One such example is the framing of our Constitution. The Constituent Assembly was framing the Constitution when India was witnessing a civil war, one of the most horrendous human exodus, scathing illiteracy, poverty, and caste discrimination among other issues. Despite the extremely conservative society, the Assembly came up with a liberal Constitution. While untouchability was prevalent widely throughout the country, the Constitution abolished it. While the shadow of lower castes could touch an upper caste, the Constitution entitled the lower caste to stand in the same line as an upper caste while voting. When women were confined to kitchens and men talked politics, Constitution recognised the equal right of both men and women to elect their political representatives. The Constitution literally made slaves and oppressed full citizens.





The making of our Constitution is a story to be told. It is incumbent on legal professionals to inspire people with such stories. However, lawyers often refrain from engaging with the populi. Lawyers should use their communication skills to become ambassadors of law to the people.

This reminds me of a quote from Dr B R Ambedkar-

“Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it.”

As scientists have a moral duty to promote scientific temper, lawyers have to cultivate constitutional morality among people; especially in times when constitutional morality is confused with the constitution. And when everything begins and ends with the constitutional provisions without due regard to constitutional morality.

 




Image credit (Constitution of India): https://www.google.com/url?sa=i&url=https%3A%2F%2Fdashamlav.com%2Fconstitution-india-interesting-facts%2F&psig=AOvVaw3sopXwaA1uvYtu4HYv4Cqj&ust=1605517073995000&source=images&cd=vfe&ved=0CAIQjRxqFwoTCJjWqKyXhO0CFQAAAAAdAAAAABAS 

 

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