The CJI on Friday (Oct 25) shared his fondness for the Bombay High Court where he began his judicial career. He said that the fearless independence of the judges of Bombay High Court has made it an institution of preeminence in the country. Reflecting on his years at the Bombay Bar, CJI Chandrachud expressed gratitude for the mentorship he received from esteemed judges and Senior Advocates. He was speaking at the felicitation ceremony organized for him at the Bombay High Court by the Bombay Bar Association, Advocates Association of Western India and the Bombay Incorporated Law Society.
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MUMBAI: Chief Justice of India (CJI) DY Chandrachud addressed a gathering at the Bombay High Court, where he shared insights about the unique characteristics that define this prestigious court. He began his judicial career at the Bombay High Court, a place he holds in high regard.
In his speech, CJI Chandrachud highlighted the “fearless independence” of the judges here, which has positioned it as “an institution of preeminence in the country.”
Reflecting on the institution’s history, he noted,
“What is it that has made the Bombay High Court the institution of preeminence in the country? Why is it that we pride our judges? This court is known for its fearless independence and that emanates from the portrait of Sir John Peter Grant and judges who told the Governor in colonial times that if you do not follow my writ which I am issuing, I will close down the court.”
This foundational legacy of courage has fortified the Bombay High Court to remain resolute even during the most challenging times.
Dynamics Within the Judiciary: Peer Support and Accountability
The CJI also pointed out how peer dynamics contribute to the judicial environment, stressing the role of camaraderie among judges. He remarked,
“Judges behave as judges because you are constantly intermingling with people upon whom you depend for support, upon whom you look for guidance, upon whom you seek friendship in times of distress, in times of happiness, in normal times.”
This collaborative atmosphere fosters a culture of accountability and integrity within the judiciary, ensuring that judicial officers uphold the highest standards of justice.
Another crucial factor supporting judicial independence is the constant scrutiny by the bar. According to the CJI,
“Nothing a judge does misses the scrutiny of the bar and that element of scrutiny is what guides the work of our courts. This vigilant oversight ensures that justice is upheld, further reinforcing the court’s independence and credibility.”
Mentorship at the Bombay Bar: Lessons from Esteemed Judges and Advocates
CJI Chandrachud shared his experiences from his years at the Bombay Bar, expressing gratitude for the mentorship he received. He specifically recalled Justice ML Pendse, describing him as an epitome of professionalism:
“If you walked by his courtroom after lunch and he had just assembled, you could be sure that it was 2:00 in the afternoon. That was the sense of professionalism. He was always ready with all the briefs that came up before him, the ability to formulate minutes of the order that taught us how to frame reliefs. Too often, a good case can be lost just because of the inability of a lawyer or a judge to formulate the relief which has to be granted.”
He also fondly remembered Nani Palkhivala, a distinguished advocate who left an indelible mark on the legal field.
“In this court, he would never carry his own gown and he would typically borrow a gown from one of the juniors,”
-CJI Chandrachud reminisced, highlighting Palkhivala’s humility and impactful contributions to the legal community.
Guiding Young Lawyers: Ethical Standards and Open-Court Judgments
In a message to young lawyers, the Chief Justice emphasized the importance of delivering judgments in open court, stating,
“I learnt from this Court the great tradition of dictating judgments in open court. I think this is the great tradition of our court and do not reserve judgments. I receive so many letters as a CJI, one such letter stated that some judge has 300 judgments which are pending as they were only reserved. The only solution to this is to deliver judgments in the court as that brings a sense of clarity.”
Alongside, he advised young lawyers to maintain ethical standards amid competitive pressures:
“I want to emphasise the importance of being ethical in the practice of law. In our effort to tide over the competition—and the competition of the bar is becoming so intense today—there is a tendency to cut corners. Judges who are burdened with work may not be able to fathom every corner of a case and maybe you will get away with it by having perhaps hoodwinked the judge to not realizing that there was some other point in the case, especially if you are a lawyer on the other side is not (competent) enough. But law has a tendency of catching up with you and therefore, it is very important to be fair.”
Inclusivity and Gender Equality in the Legal Profession
The Chief Justice highlighted the importance of inclusivity and gender equality within the judiciary, recounting a conversation with a female lawyer who had recently become a mother. He advocated for creating equitable conditions in the profession, asking,
“Why should it be that we should not create equal conditions where we make our courts as worthy places, as places where women can succeed at the bar? Why does a woman have to behave like a man in order to succeed at the bar? In other words, to give up familial responsibilities. I think it’s important that therefore, courts across India use the benefit of technology.”
Compassion in the Judiciary: The Key to Justice
CJI Chandrachud stressed the indispensable role of compassion within the judiciary.
“Above all, what sustains us as judges is our sense of compassion for the society in which we render justice,”
-he said, underscoring the need for empathy in delivering judgments.
He shared an example of a Dalit student who had gained admission to IIT-Dhanbad but was at risk of losing his seat due to an inability to pay fees on time. The judiciary intervened, helping him retain his opportunity.
Reflecting on judicial responsibilities, he stated,
“You can find 25 reasons of technical nature not to grant a relief to a citizen. But to my mind, one single justification to grant relief is all that is necessary.”
Confronting Fears as a Judge
Sharing insights from his personal journey, the CJI talked about confronting fears, a challenge unique to judges who do not have the option to decline cases. He recalled,
“When I became a judge, I had to confront my own fears. Judgeship brings you back face to face with your own fears. As a lawyer, you can hide your fears by saying I am not going to accept this brief. As a judge, you do not have the luxury of accepting or not accepting the brief because you have to answer everything that is on your board every day. Now, I was not a commercial lawyer. But nature has a very unique way of confronting you with your worst fears and I was confronted with my own worst fears when I sat on the commercial bench on my first or second day in the court.”
Conclusion
In his speech, delivered at a felicitation ceremony organized by the Bombay Bar Association, Advocates Association of Western India, and the Bombay Incorporated Law Society, Chief Justice DY Chandrachud provided a profound reflection on the values that uphold the Bombay High Court and the judiciary at large.
The event was presided over by Bombay High Court Chief Justice DK Upadhyay and attended by dignitaries, including judges, lawyers, and advocates.
Through his words, CJI Chandrachud left the audience with a message of integrity, accountability, and empathy—values that will continue to shape the future of India’s judiciary.
Click Here to Read Previous Reports on CJI Chandrachud
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