Level-Playing Field Opens Up Legal Profession To Those Without Connects: CJI DY Chandrachud At 200-Yr Celebrations Of Calcutta HC Bar Library Club

Chief Justice of India Justice (Dr) DY Chandrachud on Friday, spoke at the bicentenary celebrations of the Bar Library Club of Calcutta High Court. Flanked by Supreme Court Judges, Justices BR Gavai and Dipankar Datta, the CJI spoke as a part of a panel also comprising Chief Justice of the Calcutta High Court TS Sivagnanam.

CJI Chandrachud began his speech by acknowledging the contribution of institutions such as the Bar Library Club to the justice delivery system in India, not just at the Calcutta High Court, but also at the CJI's parent HC, the Bombay High Court, as well as the Supreme Court of India.

The Chief Justice recalled various legal luminaries from Bengal, such as Sir Ashutosh Mookherjee, Justice Chittatosh Mookherjee and WC Bonnerjee, who was the founder of the Indian National Congress.

"I remember, when I was a young lawyer, we had boycotted a few judges of the Bombay High Court because we believed that they had transgressed the line of judicial behaviour. Justice Chittatosh Mookherjee at the time said that he would withdraw all judicial work from those judges. Imagine...a judge away from his parent High Court deciding to take such a bold step, just because his Bar had expressed objection to those judges," the Chief Justice recalled.

The CJI encapsulated the meaning of the Bar Library Club's traditions through the words of Deshbandhu Chittaranjan Das who was the counsel defending Aurobindo Ghose, an accused in the Alipore Bomb blast.

"...Deshbandhu Chittaranjan Das in his defense of Sri Aurobindo in the Alipore Bomb blast case stated that 'the accused doesn't stand in the Bar of the High Court but in the Bar of history. Long after he is gone, he will be looked upon as the poet of patriotism, the prophet of nationalism and the lover of humanity. What does the Bar Library club symbolise? The tradition is of being not just a professional body but a literary body, embodying within ourselves poets of patriotism, prophets of nationalism and lovers of humanity," the CJI stated.

The Chief Justice acknowledged that earlier, institutions such as the Bar Library Club would be designated as a male-only space till trailblazers such as (Late) Justice Leila Seth and Justice Ruma Pal made their way to the helm of the legal profession.

He further remembered a resolution which was adopted by the Bar Library Club as early as 1860, decreeing that any conversation which took place within the club would not be repeated outside. He said:

"So many things that are spoken in the Bar Library club are sufficient proof against the operation of the law of defamation, particularly in relation to judges.  Very often in our own club at the Bombay Bar Association, you would hear a senior or junior member walk in and say "that judge didn't understand what I was saying." These are the traditions. No malice, just a sense of joy and camaraderie, an understanding of the human failings and drama that takes place everyday in courts."

The Chief Justice also spoke of a few issues that he believed were the need of the hour. Firstly he spoke of increasing women's participation in the legal field to ensure maximum participation. He spoke of how 36% of lawyers at the district level were now women, and even in rural areas, almost 60% of women were participating in competitive exams. 

"There is a pressing need to ensure that our judicial institutions are inclusive. It is disturbing to note that even after the presence of female lawyers, amenities catering to their needs are lacking. Women often have to balance their professional and personal lives. It can be a daunting exercise. The expectation for them to shoulder both roles requires support from the legal institutions," the CJI said.

The CJI recalled that in its 75-year history, the Supreme Court had only designated 13 women as senior counsel, but earlier this year, there were 12 women who were elevated as senior advocates.

The CJI also addressed the lack of professionalism amongst advocates and stated that common citizens feel that adjournment has become a normal part of the judicial system.

"This leads to delays in providing justice and erodes the public's trust in the system." the Chief Justice said. 

He further stressed that payment to juniors must be paid commensurate to the work being put in by them. "Too often we believe juniors come to learn, and where is the question of paying them. Juniors come to work to be able to make a dignified living, so that they don't have to cut corners to make that little bit extra to survive in big cities like Calcutta or Mumbai," he said.

CJI stated that in his interaction with his law clerks, he learnt more from them than he was able to teach them since the younger generation reflects the voice of society.

He added that the way of recruiting juniors in chambers of advocates must mark a break from the past and not only be based on the network as the marginalised youth lack cultural capital, which is possessed by those who are affluent. 

"Level playing field will open up the legal profession to those without connects. That is when we will be a truly equal opportunity employer," the CJI stated. 

The CJI concluded by stating that the Bar Library Club, which was established in 1825, predated the Calcutta High Court, meaning that while "judges come and go, we are just pilgrims on the path of justice, but the Bar is  forever, founded on the principles of society- justice, liberty, equality and fraternity."