Supreme Court Justice PS Narasimha urged judges to exercise restraint in speech, stressing that judgments, not personal opinions, should speak for the judiciary. He highlighted the risks of overexposure on social media and after retirement.
Nagpur: Supreme Court Justice PS Narasimha on Saturday emphasised that judges should resist the temptation to speak beyond what they write in their judgments, especially in today’s social media era where every word can be widely reported.
He said,
“We seem to have moved away (from restraint in speech) with social media and requirement to speak so much. Every word gets reported in the news, and sitting judges might get attracted. And worse is post retirement, judges think that ‘time has come when I have to talk now’, as if it is a full time talk. I think that’s not the way the system should work.”
Justice Narasimha stressed that it is the judgment which must speak for the judge and not the judge himself.
He praised his colleague Justice AS Chandurkar for exemplifying this principle, noting,
“I believe that justice dispensation requires disappearance of a judge. Judge should not be seen, judge has no business to be there in the process, except that he decides. His personality as an individual … all this is unnecessary. Judge does nothing more than he decides, and he disappears. He (Justice Chandurkar) is a judge who has disappeared, but his decisions only speak and they speak volumes.”
Justice Narasimha made these remarks during a felicitation ceremony organised by the Nagpur Bench of the Bombay High Court Bar Association for Justice Chandurkar.
In his address, Justice Narasimha reflected on the dual values of speech and truth in the legal profession. He explained that while speech is vital for lawyers during advocacy, for judges it finds its true expression in their written judgments.
He said,
“The decipherment of truth is the purpose and object of the judiciary, and the means of finding that truth is through dialogue, through argument before the court.”
He added that both lawyers and judges must exercise restraint in their speech to ensure their work remains focused on uncovering the truth. For lawyers, this means keeping arguments concise, and for judges, it involves precision in writing judgments.
Justice Narasimha observed,
“The compelling need of a judge is to speak less – which doesn’t really happen anyway – and to write little, to write precise and to write as small as possible and to convey the truth. That is where the truth will be glaring. This is a sadhana or an exercise which we have to undertake.”
He further underlined that restraint should always guide legal professionals. He noted,
“Measured speech, measured talk – think before you say. See if (what you are saying) actually leads to truth and whether than speech leads to prosperity to one and all.”
Justice Narasimha highlighted Justice Chandurkar as an example of such restraint. He recalled a case in arbitration where Justice Chandurkar delivered a concise judgment, focusing only on relevant facts. He said, “Restraint in speech is Justice Chandurkar’s quality.
The judgement was so beautifully crafted, so precise, that I was a bit jealous. This is a quality. It doesn’t come automatically. It is a sadhana. You need to train yourself to argue. You need to train yourself to write.”
Justice Chandurkar, in his address, reflected on his journey from the Bar to the Bench. He emphasised that the connection with one’s parent Bar remains permanent, saying,
“The ties with the parent Bar are never severed. In fact, one is always recognised as a product of the parent Bar and that identity is never wiped out. The Bar has contributed immensely and played a positive role in my judicial journey.”
He also praised the collective efforts of the legal community during the COVID-19 pandemic, acknowledging how the Nagpur Bar instilled in him the importance of teamwork.
Justice Chandurkar shared memories from his 25 years as a lawyer, including the discipline of arriving in court early, waiting patiently for matters to be called, learning from seniors, and gaining lessons even from mistakes. He said these experiences taught patience and prepared him for his role on the Bench.
Justice Chandurkar expressed gratitude to Justice Narasimha, stating that it was a privilege to be felicitated by him.
He referred to Justice Narasimha’s recent judgment on the All India Football Federation, highlighting the application of constitutional principles to sports governance.
He read a passage from the judgment, saying it described sporting facilities as
“material resources of the community that must remain accessible and efficiently run.”
He also highlighted the legacy of three sitting Supreme Court judges with strong ties to Nagpur, including himself, Justice Narasimha, and Chief Justice BR Gavai. He encouraged young lawyers to take pride in this legacy, stating,
“Nagpur holds as much promise for the Bar as do Mumbai and Delhi. From my personal experience, I can say with confidence that Nagpur is a court of great potential and hope for the future.”
Concluding his address, Justice Chandurkar reminded young legal professionals that a lawyer’s worth is determined not by victories or defeats but by their conduct.
He said,
“At the end of the day, you are not judged by the number of cases you have won or lost. You are judged by the manner in which you have conducted yourself in the process. Your overall conduct carries far more weight than the statistics of success or failure, which are merely incidental.”
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