CJI Chandrachud Disapproves Lawyers Striking, Calls For Dialogue & Understanding

Chief Justice Chandrachud was speaking at a function organised by the Bar Council of India to felicitate him for recently taking up the mantle as the Chief Justice of India. One of the challenges facing the newly appointed Chief Justice is the controversy over the proposed transfer of Justice Nikhil S. Kariel of the Gujarat High Court, Justice Abhishek Reddy of the Telangana High Court and Justice T Raja of the Madras High Court. The Bar Associations of Gujarat and Telangana High Courts resolved to boycott courts till the collegium recommendations were withdrawn.

Addressing the gathering, Justice Chandrachud remarked, "It is important for the members of the bar to realise that when we take decisions in an administrative capacity in the Supreme Court, we are looking at things from a national perspective. Members of the bar from a High Court will look at it from the perspective of that particular High Court."

"There are always two shades to a legal or social issue. Of course, you should question those in authority. But we must also learn to trust those in authority, to a certain extent. We must trust that they have best interest of the institution at heart," the Chief Justice said.

Sometimes, tough decisions must be taken in the best interest of the institutions, said Justice Chandrachud. Laughing, he added, "It would be so easy to have a nice time until the Constitution requires me to retire." "But if we all did that, and none of us made those tough decisions, how can the country be a better place?" he asked.

On the role of the bar in maintaining the independence of the judiciary, Justice Chandrachud noted, "An independent bar is inextricably linked with the independence of the judiciary. It is the bar which has stood up for what is right in the judiciary. I was part of a bar which passed a resolution against four judges of the Bombay High Court, who, we felt, were not being exactly true to their oath of loyalty to the Constitution, and duty to discharge their responsibilities without fear or favour, affection or ill will. We passed a resolution that we will cease to appear before these judges. But that same bar has stood for the independence of judges, when they have been wronged. So, as members of the bar, we are the conscience keepers of the nation's judiciary, of the quest for justice to common citizens."

The Chief Justice concluded by saying, "I hope that my tenure as the Chief Justice will be marked by a sense of harmony and balance. Something that I have learnt from my elders is that what defines a good life is a sense of harmony and balance and to eschew positions which will destroy stability, harmony, and balance. This is crucial in maintaining the tranquillity of our society."

Notably, Union Law Minister Kiren Rijiju, who spoke before the CJI, also made critical comments against the strikes by lawyers.