‘Loyalty must lie with court, not partisan interest’: CJI Chandrachud to Bar members

Quotes Aristotle, says human beings are political animals and lawyers no exception

Chief Justice of India D Y Chandrachud addresses the gathering during the centenary celebration of the High Court Bar Association in Nagpur on Friday. (PTI Photo)

Chief Justice of India D Y Chandrachud on Friday said that “of late,” he was “very disturbed by the tendency of members of Bar associations to comment on cases pending before the court and commenting on the judgements delivered by the court”.

“You are first and foremost officers of the court and the dignity and truth in legal discourse is in your hands,” he said. “As members of the bar, it is incumbent upon you to communicate the judgements of the court to the public, utilising 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 said.

CJI Chandrachud was speaking at the centenary year celebration of the High Court Bar Association (HCBA), Nagpur. He highlighted the importance of having an independent bar and bar associations and urged lawyers to distinguish themselves from lay persons while reacting to judgements.

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“The judiciary has time and again risen to the occasion for its independence and non-partisanship, a separation of power from executive and vested political interest. We must not forget that there is a close link between independence of judiciary and independence of the Bar. The independence of the Bar as an institution is essential to preserve independence of judiciary, constitutional values and dignity of the court,” he said.

“In a vibrant and argumentative democracy, most individuals have a political ideology or inclination. Aristotle said 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 the court and the constitution,” CJI Chandrachud added.

He also said that judgements of the constitutional courts including high courts and the Supreme Court are the “culmination of rigorous proceedings, thorough analysis and commitment to constitutional principles”.

“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. But as members of the Bar Association, with years of training experience, you must distinguish yourself from lay persons while reacting to judgements of the court and engaging in legal discussion,” he said.

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Last month, the Supreme Court took note of alleged manhandling of senior advocate Gaurav Bhatia in the Gautam Budh Nagar district court and issued notice to the president and secretary of the Janpad Diwani Evam Faujdari Bar association.

“You are fortunate that these incidents are not part of the course in Nagpur. The specifics of this incident aside, it is incumbent upon the bar associations to ensure the safety of members of the bar when they come to practice before the court,” CJI Chandrachud said.

CJI Chandrachud also emphasised on the need of women lawyers to be members of Bar Associations or Bar Councils across courts

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