Highlighting the importance of having an independent bar, CJI DY Chandrachud on Friday said that there is a close link between the independence of the judiciary and the independence of the bar.
Thank you for reading this post, don't forget to subscribe!
Maharashtra: In an era where the judiciary must navigate through both commendation and critique, the recent trend among legal practitioners to publicly discuss ongoing cases or verdicts has elicited concern from Chief Justice of India, D Y Chandrachud.
Addressing the legal community, the Chief Justice emphasized the responsibility that comes with their profession, reminding them that their comments on judicial decisions should reflect their role as officers of the court rather than ordinary observers. His remarks were made during the centenary celebration of the High Court Bar Association of Nagpur.
Chief Justice Chandrachud highlighted the judiciary’s resilient history of upholding its independence and impartiality, a testament to its role as a pillar of democracy. He underscored the symbiotic relationship between the judiciary’s autonomy and that of the legal profession.
“The bar as an institution is essential to preserve judicial independence, constitutional values, and dignity of the court,”
-he stated, affirming the crucial role lawyers play in sustaining the principles that underpin justice and the rule of law.
In the context of India’s dynamic and diverse democracy, where political affiliations are commonplace, Justice Chandrachud referenced Aristotle’s view of humans as inherently political beings, including lawyers. Yet, he stressed that for legal professionals, allegiance to the court and the Constitution must supersede partisan interests.
“To quote Aristotle, human beings are political animals. Lawyers are no exception. However, for members of the bar, one’s highest interest must not lie with partisan interests but with the court and the Constitution,”
-he elucidated.
Justice Chandrachud also touched upon the gravity and thoroughness of the Supreme Court’s constitutional bench judgments, which are the result of extensive legal deliberations and an unwavering dedication to constitutional ideals. He noted,
“But once a judgment is pronounced, it is public property. As an institution, our shoulders are broad. We stand ready to receive both praise and criticism…bouquets and brickbats, be it through journalistic pieces, political commentary, or on social media.”
This statement acknowledges the judiciary’s openness to feedback from various quarters of society, signaling a robust, transparent legal system.
However, he expressed concern over the increasing inclination among bar association members to comment on active cases and judgments, a practice that could undermine the sanctity and integrity of legal proceedings.
“Of late, I have been very disturbed by the tendency of members of bar associations to comment on cases which are pending and on judgments. You are first and foremost officers of the court, and the truth and dignity of our legal discourse is in your hands,”
-the Chief Justice remarked, underscoring the ethical obligations that lawyers bear in maintaining the decorum and respect due to judicial processes.
Concluding his address, Justice Chandrachud invoked the inclusive spirit of India’s Constitution, which aims to unite individuals from all walks of life, akin to the diverse professions of-
“the butcher, the baker, and the candlestick maker.”
This reference serves as a reminder of the Constitution’s overarching goal to harmonize the rich tapestry of Indian society under a common legal framework, ensuring justice and equality for all.
Click Here to Read Previous Reports on CJI
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
