Chief Justice of India (CJI) DY Chandrachud said lawyers must maintain their loyalty towards the "court and the Constitution" and not towards any political interest. He even cautioned members of the Bar Association and lawyers to distinguish themselves "from lay persons while reacting to judgements of the court".
Chandrachud was speaking at the Centenary Year Celebration of the Nagpur High Court Bar Association on Friday. Here's what he said:
In his latest speech, the Chief Justice of India cautioned lawyers against allowing political interest to supersede loyalty to the court and the Constitution.
“The judiciary has time and again risen to the occasion to assert its independence and non-partisanship — a separation of the powers from the executive, the legislature and vested political interests,” the CJI said.
He went on to say, “In a vibrant and argumentative democracy like ours. Most individuals have a political ideology or inclinations...to quote Aristotle, 'Human beings are political animals'. Lawyers are no exception.”
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"However, for the members of the Bar, one's highest loyalty must not lie with partisan interest but to the court and the Constitution," the CJI added.
Chandrachud said this while highlighting the “importance of independent Bar, and as a result, independent Bar associations.” He said that in many ways, it is an independent bar that “is a moral bull work to protect the rule of law and constitutional governance”.
“We must not forget, however, that there is a close link between the independence of the judiciary and the independence of the Bar. The Bar, as an institution, is essential to preserve judicial independence, constitutional values and the dignity of the court,” he added.
CJI Chandrachud said he was "very disturbed by the 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."
“You are first and foremost officers of the court, and the dignity and truth in our legal discourse is in your hand,” CJI Chandrachud said.
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The CJI added, “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 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,” he emphasised.
CJI Chandrachud said once the judgement is pronounced, it's a public property. He highlighted that as members of the Bar, “it is incumbent upon you to communicate the judgements of the court to the public, utilizing 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 citizens. In fulfilling your role, the Bar can effectively translate complex legal concepts and precedents into accessible language for the public…,” CJI Chandrachud said.
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