Bar Council Of India Writes To CJI Calling For Reforms To Address Judges Disrespecting Advocates, Safeguarding Judicial Integrity

In the letter, Chairman Manan Kumar Mishra said that the increasing instances of judicial conduct crossing acceptable boundaries emphasized the pressing need to establish a clear and enforceable code of conduct for judges. It further said that the code should focus on maintaining decorum and ensuring that the judges interact with advocates, litigants, and court staff respectfully and professionally and ensure that the judge's discretion to control court proceedings should not extend to making observations irrelevant to the case, bordering on personal attacks or create an atmosphere of intimidation.

The letter pointed out that disrespectful attitude towards the lawyers threatens the rule of law and the proper functioning of the judiciary. It added that disrespecting the advocates, judges or other court officials violates the basic human rights principles, impinging upon the right to dignity and professional respect.

“A judiciary that treats its advocates as subordinates rather than as equals in the administration of justice risks eroding public confidence in the legal system. Advocates must be able to challenge legal and procedural matters without fear of retribution or unprofessional conduct from the Bench. In this sense, disrespect towards advocates can also be viewed as an infringement on their right to work in a professional, respect, non-hostile environment, as guaranteed by the human rights norms.”

The letter also suggested that psychological training and orientation programs for the judges to address inappropriate judicial conduct. It said that periodic evaluation of the judges' mental health would play a crucial role in preventing instances of judicial misconduct as the mental health of judges was essential to ensure that they discharge their fairly, impartially, and respectfully. It further stated that by evaluating the mental health of the judges periodically, early signs of burnout, stress, etc could also be identified and addressed. It further added that the results of the evaluation could be kept confidential and dealt with by a committee specifically formed for review.

“By fostering a culture of mutual respect and support, such initiates would not only help improve the mental health of judges but also preserve the dignity of the legal profession and protect the fundamental human rights of advocates,” the letter read.

The letter also said that addressing the concerns of the advocates what necessary to preserve the fundamental principles of justice which underpins the entire legal system.

“The bar and the bench must work in harmony, built on a foundation of mutual respect and dignity, to ensure that justice is administered fairly and impartially. When advocates are treated with disrespect or when judicial conduct goes unchecked, it weakens the trust that the public places in the judiciary and erodes the credibility of our legal institutions,” it said.

The letter was issued in light of the recent incident in the Madurai bench of the Madras High Court where in the course of a hearing, Justice R Subramanian was seen reprimanding Senior Advocate P Wilson. The matter related to an appeal filed by the Tamil Nadu Public Service Commission (TNPSC), which the Senior Advocate was representing. During the hearing, the Senior Advocate pointed out a possible conflict of interest as one of the judges in the division bench (Justice Victoria Gowri) had heard the original writ and given positive directions in the same. The senior judge of the bench, then reprimanded the senior advocate.

The letter said that if such treatment was meted out to a senior member of the bar, it raised concerns over the experiences of younger advocates and highlighted the urgent need for reforms in courtroom decorum and interaction between the advocates and the judiciary ensuring that no advocate is subjected to public rebuke, humiliation or intimidation while carrying out their duties.