'We are divided perhaps more than ever along lines of caste, religion': Justice Gogoi

CJI-designate Ranjan Gogoi on Monday said people are divided "more than ever" along the lines of caste, religion and ideology and what one should wear, eat or say are no longer insignificant questions about personal life.

He asserted that beliefs must be constantly evaluated on the touchstone of constitutional morality, which must prevail when there arises any doubt or conflict, and said this is true patriotism to the Constitution.

Justice Gogoi was speaking at an event organised by the Supreme Court Bar Association (SCBA) to bid farewell to incumbent Chief Justice Dipak Misra who retires as Chief Justice of India (CJI) Tuesday.

He brushed aside the claims that the system has not fared well and said that despite odds, a number of judges are committed to the cause.

Justice Gogoi, who was among the four senior-most judges who had in January virtually revolted against the Chief Justice Misra over various issues including assigning of cases in the apex court has, however, praised the outgoing CJI for an illustrious career.

"As a judge, his greatest contribution to Indian jurisprudence has been on issues of Constitutional significance particularly with regard to civil liberties," Justice Gogoi said.

Justice Gogoi, who will sworn-in as the 46 the Chief Justice on Wednesday said, lamented that the very issues which give a different identity to a community make its people hate those who are different.

"We are divided perhaps more than ever, by lines of caste, class, gender religion and ideology. We are divided into infinitely relegated communities which crisscross along such lines to give us our special identity. What we should wear, what we should eat, what we should say, read and think -- these are no longer small and insignificant questions about our personal life," he said,
Lauding Misra's contribution, he said, "I am sure that generations of academics and judges will continue to engage with his scholarship long after we are gone. It is for this reason I do not bid farewell to Justice Misra today but chose instead to celebrate the vision expressed in his judicial opinions."