Disturbed By Recent Tendency Of Bar Members To Comment On Judgments & Pending Cases : CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Friday said he was very disturbed by the tendency of advocates to comment on pending cases as well as judgments of the court. The CJI underscored the critical importance of maintaining an independent bar and bar associations to safeguard the integrity of the judiciary and uphold constitutional principles.

“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 in the social media. But as members of the Bar Association, with years of training and experience, you must distinguish yourself from lay persons while reacting to judgements of the court and engaging in legal discussions. Of late I am very disturbed by tendency of members of Bar Association to comment on cases which are pending before the court and of commenting on judgements delivered by the court”, the CJI said.

CJI Chandrachud was speaking at the Centenary Year Celebration of the High Court Bar Association (HCBA), Nagpur. He delivered a speech that delved into various aspects of the legal profession, emphasizing the role of the bar in upholding justice and constitutional values.

The Chief Justice cautioned lawyers against allowing political interest to supersede loyalty to the court and the Constitution

. “In a vibrant and argumentative democracy like ours, most individuals have a political ideology and inclination. To quote Aristotle, "Human beings are political animals". Lawyers are no exception. However for members of the Bar, one's highest loyalty must not lie with partisan interest but with the court and the Constitution. In many ways, an independent bar is the moral bulwark to protect the rule of law and constitutional governance.”

The CJI stated that the members of the Bar are first and foremost officers of the court who have the dignity and truth in legal discourse in their hands. He emphasised the role of lawyers in acting as a bridge between the court and the people by communicating the judgements to the public via platforms such as opinion pieces in newspapers, media appearances and public lectures.

“In this sense, the bar has the potential to act as a bridge between the court and the citizens. In fulfilling your role, the bar can effectively translate complex legal concepts and precedents into accessible language for the public, fostering a deeper understanding of our constitutional values and the true purport of our judgements”, he added.

Recently, the Supreme Court had rebuked the President of the Supreme Court Bar Association for writing a letter seeking suo motu review of the Electoral Bonds case.

Justice Chandrachud began by reflecting on the camaraderie among judges, and highlighted the mutual respect and friendship shared among judges despite differences in opinions, citing anecdotes from his interactions with fellow justices. The Chief Justice reminisced about his early days at the Nagpur Bar, expressing gratitude for the invaluable learning experiences he gained from senior members of the legal fraternity. He paid tribute to legal luminaries such as Bhausaheb Bobde and VR Manohar, from whom he said he obtained not only legal knowledge but also strategic acumen in handling cases.

Further, CJI Chandrachud underscored the importance of cross-migration between Nagpur and Mumbai, appreciating the tradition of legal stalwarts from Nagpur making significant contributions to the legal landscape in Mumbai and vice versa. “I do believe that this cross fertilization of ideas without regard to hierarchy without regard to status is crucial to promote stability of High Court as institution”, the CJI said.

Emphasizing the crucial function of bar associations, Justice Chandrachud underscored their role as representatives of lawyers in directly engaging with the court and its registry on a day-to-day basis. The Chief Justice lauded the role of bar associations in democratizing the courtroom and fostering dialogue between the bar and the bench to ensure that the judiciary remains attuned to the everyday realities faced by legal practitioners.

However, Justice Chandrachud urged bar associations to go beyond advancing immediate concerns of lawyers and embrace a broader institutional responsibility. Bar Associations must focus on enhancing the quality of advocacy within the legal profession and making courtrooms more accessible and safer for all citizens, he said.

Justice Chandrachud commended initiatives such as the legal aid project "Nyayadoot," spearheaded by HCBA Nagpur, which provides pro bono legal resources to residents of villages in the Vidarbha region. He urged younger members of the bar to actively contribute to such endeavours, highlighting their importance in sharpening legal skills and advocating for justice.

In a nod to the increasing representation of women in the legal profession, the Chief Justice encouraged female advocates to assert their presence in bar associations and contest elections for leadership positions. He highlighted the need for a more inclusive and equitable environment within bar associations to facilitate greater participation of women in decision-making processes.

Justice Chandrachud concluded his address by invoking the inclusive spirit of the Constitution and emphasizing the responsibility of legal professionals in upholding justice for all individuals, irrespective of their backgrounds or professions.

Supreme court Justices BR Gavai, AS Oka, Prasanna Varale and Dipankar Datta, former CJI SA Bobde, as well as Bombay High Court's Chief Justice Devendra Kumar Upadhyaya and Justice Nitin W Sambre also attended the event as guests of honour.

The event can be watched here :