Chief Justice of India DY Chandrachud has expressed his displeasure over
the tendency of members of Bar Association’s to comment on cases which were pending before the court and of commenting on judgments delivered by the court.
Speaking at the three-day centenary celebration of the High Court Bar Association at Nagpur Bench of Bombay High Court, the CJI said lawyers were the first and foremost officers of the court, and the dignity and truth in legal discourse was in your hands.
Stating that there was a close link between the independence of the judiciary and the independence of the bar, the CJI said the verdicts of constitutional courts were the culmination of rigorous proceedings, thorough legal analysis, and a commitment to constitutional principle. However, once the judgment was pronounced, it was public property.
As an institution, the shoulders of the lawyers should be broad. They should be ready to receive both praise and criticism, bouquets and brickbats through journalistic pieces, political commentary, or on the social media.
Highlighting the importance an independent bar and the associations, he said as members and office bearers of Bar Associations with years of training and experience, they must distinguish themselves from the layperson while reacting to judgments of the court and engaging in legal discussion.
The CJI said that lawyers, like any other individuals, will have their own political inclination and beliefs. However, they should rise above that and their highest loyalty should lie with the courts and the Constitution, he underscored.
He further said that in a vibrant and argumentative democracy like India, most individuals have a political ideology or inclination. To quote Aristotle ‘human beings are political animals’. Lawyers were no exception. However, for members of the bar, one’s highest loyalty must not lie with partisan interests, but to the court and the Constitution.
He observed that in many ways, an independent bar was a moral bulwark to protect the rule of law and constitutional governance.
Noting that the role of a bar association must not be limited to only advancing the immediate concerns of lawyers, the CJI said the role extended to a broader institutional responsibility to enhance the functioning of the judiciary and protect the dignity of the court.
As per the CJI, the Bar Associations must focus on improving the quality of advocacy at the bar, and more importantly, making the courtrooms more accessible and safe for the citizens.
He also referred to the recent assault on Senior Advocate Gaurav Bhatia and a young lawyer at a Noida court where lawyers were observing a strike. The top court of the country had taken suo motu cognisance of the matter.
CJI Chandrachud said that the lawyers were fortunate that these incidents were not par for the course in Nagpur, adding that it was incumbent upon the Bar Associations to ensure the safety of lawyers when they come to practice before the court.
He added that with hybrid hearings, lawyers from across the country appear before courts in different regions.
The CJI called upon the Bar Associations to adopt a more accommodative and inclusive approach to ensure safety and welcoming of all the lawyers.