The judiciary is accustomed to receive both bouquets and brickbats, but the recent trend of members of bar associations commenting on cases pending before the courts or on judgments is disturbing, Chief Justice of India DY Chandrachud said on Friday. The CJI reminded the lawyers that they should not forget that they are officers of the court and hence should distinguish themselves from the lay person.
The CJI was speaking at the centenary year celebration of the High Court Bar Association of Nagpur.
He said that time and again, the judiciary has risen to the occasion to assert its independence and non-partisanship, a separation of powers from the executive, the legislature and vested political interests. “We must not forget, however, that there is a close links between the independence of the judiciary and the independence of the bar,” CJI said.
Role Of The Bar In Upholding Judicial Independence
The bar, as an institution, is essential to preserve judicial independence, constitutional values and the dignity of the court, CJI emphasised.
In a vibrant and argumentative democracy like ours, most individuals have political ideologies or inclination. Quoting Aristotle, CJI said human beings are political animals, and added that lawyers were no exception.
“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 to the court and the constitution,” CJI said.
CJI Emphasises Accountability And Responsibility In Public Reaction To Court Judgements
The judgments of the constitutional courts are the culmination of rigorous proceedings, thorough legal analysis and a commitment to constitutional principles. However, once the judgment is pronounced, it is the public property.
“Once the 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,” he said. However, as members and office bearers of bar associations, lawyers must distinguish themselves from the lay person while reacting to judgments of the court, he underlined.
CJI D Y Chandrachud Condemns Bar Association Members' Comments on Pending Cases
CJI said, “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. Your first and foremost the officers of the court and the truth and dignity of our legal discourse is in your hands.”
India's constitution is an inclusive constitution intended to bring together every person including the butcher, the baker and the candlestick maker, CJI Chandrachud added.
