Constitution prevails over personal religious beliefs: Justice Rohinton Nariman
Last Updated on March 11, 2024 by News Desk
Rtd. Supreme Court judge Justice Rohinton Nariman has stated that if the Constitution contradicts one’s personal religious beliefs, the Constitution prevails. Nariman, who is also an ordained Parsi priest, emphasized that it is crucial for judges to take a different oath, as their oath is to the Constitution and the laws. If the Constitution conflicts with one’s religious beliefs, the Constitution usually prevails because both are moral precepts.
Nariman was speaking on a podcast conducted by the Bombay Bar Association and hosted by Senior Advocate Fredun DeVitre. He clarified that the posts of Attorney General, Solicitor General, and Advocate General are ‘pleasure posts’ that lawyers can hold onto until the government has confidence in them. If the government loses confidence, they can immediately remove the lawyer.
Nariman also highlighted that every law officer has a paramount duty to the court, from the Attorney General downwards. He stated that when the two conflict, the duty to the court comes first. He often told the court that his position is X, which has been appreciated.
He also stressed the importance of upholding the rule of law by serving the court first and then serving the client. He believes that every law officer has a duty to the court, and it is essential for them to be true to their oath before deciding a case.
