The Bar Council urged the Chief Justice of India (CJI) to implement urgent reforms in courtroom decorum, particularly in High Courts. In a letter, the council highlighted the growing number of instances where judicial behaviour crossed acceptable limits, stressing the need for a clear and enforceable code of conduct for judges.
The Bar Council of India has written a letter to Chief Justice of India, D.Y. Chandrachud, drawing attention to concerns regarding the “disturbing conduct” of certain High Court judges toward advocates during court proceedings. Highlighting a recent “alarming incident” involving senior advocate P. Wilson in the Madras High Court, BCI Chairman Manan Kumar Mishra emphasized the pressing need for reforms in courtroom decorum and interactions between advocates and judges.
The letter calls for measures to ensure that no advocate, regardless of their experience, is subjected to public reprimand, humiliation, or intimidation while performing their professional duties.
In his letter, BCI Chairman Manan Kumar Mishra expressed concern over the rising number of incidents where judicial conduct has overstepped acceptable limits, stressing the “urgent need for a clear and enforceable code of conduct for judges.”
He suggested that,
“This code should emphasize the importance of decorum and require judges to engage with advocates, litigants, and court staff in a respectful and professional manner.”
While judges need the discretion to manage court proceedings, Mishra noted,
“This should not extend to making remarks that are irrelevant to the case, border on personal attacks, or create an atmosphere of intimidation.”
The letter further recommended,
“The implementation of a comprehensive code of conduct with clear guidelines on expected judicial behaviour, as well as consequences for any deviations from those standards.”
It also advocated for psychological training and orientation programs for judges.
The letter stated,
“Periodic evaluations of judges’ mental health can play a crucial role in preventing instances of judicial misconduct. The mental well-being of judges is essential to ensuring that they can discharge their duties fairly, impartially, and respectfully,”
Such evaluations, Mishra added, should remain confidential and be reviewed by a specially formed committee to ensure appropriate interventions are made discreetly and effectively.
Addressing the incident involving senior advocate P. Wilson, the letter highlighted concerns over the Madras High Court’s video conferencing rules, which strictly prohibit the downloading, sharing, or circulation of court proceedings, whether conducted in person or virtually.
Mishra wrote,
“Despite these clear regulations, there has been no explanation as to how the video of the proceedings in question was widely circulated and went viral across various platforms,”
The unauthorized release of such proceedings, he warned, undermines judicial decorum and raises doubts about the effectiveness of current safeguards.
More troubling, the letter pointed out, was the fact that the bench recorded remarks in its order alleging that the senior advocate made irresponsible comments toward the court remarks that were “never actually made.”
Mishra stated,
“The circulated video of the proceedings demonstrated this misrepresentation clearly.”
Such inaccurate and potentially malicious records could have a chilling effect on legal professionals, making them fearful of unjust treatment while merely carrying out their responsibilities as officers of the court.
Read Letter
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