A lawyer can refuse to accept brief but a judge does not have that luxury: CJI DY Chandrachud

Judges have to confront their fears and cannot hide since they don't have the luxury to choose which case to hear unlike lawyers who can turn down briefs, Chief Justice of India (CJI) DY Chandrachud said on Friday..He recalled his own experience immediately after he became a judge when he had to sit on a bench hearing commercial cases, an area of law in which he did not have a lot of expertise.“When I became a judge, I had to confront my own fears. Judgeship brings you back face to face with your own fears. As a lawyer, you can hide your fears by saying I am not going to accept this brief. As a judge, you do not have the luxury of accepting or not accepting the brief because you have to answer everything that is on your board every day. Now, I was not a commercial lawyer. But nature has a very unique way of confronting you with your worst fears and I was confronted with my own worst fears when I sat on the commercial bench on my first or second day in the court," the CJI recounted..As a lawyer, you can hide your fears by saying I am not going to accept this brief. As a judge, you do not have the luxury of accepting or not accepting the brief.CJI DY Chandrachud.He reminisced about his early experiences on the bench, recalling a particularly overwhelming moment when he sat in the first row as a judge with Justice AP Sha. “I was open-mouthed, a little overwhelmed by the experience,” he shared, underscoring the humbling nature of the role.He was speaking at the felicitation ceremony organized for him at the Bombay High Court by the Bombay Bar Association, Advocates Association of Western India and the Bombay Incorporated Law Society.The event was presided over by Bombay High Court Chief Justice DK Upadhyay and attended by various dignitaries including Bombay High Court judges, Advocate General of Maharashtra Birendra Saraf and lawyers. .Independence of the Bombay High CourtThe CJI in his speech also shared his fondness for the Bombay High Court where he began his judicial career.He said that the fearless independence of the judges of Bombay High Court has made it an institution of preeminence in the country.“What is it that has made the Bombay High Court the institution of preeminence in the country? Why is it that we pride our judges? This court is known for its fearless independence and that emanates from the portrait of Sir John Peter Grant and judges who told the Governor in colonial times that if you do not follow my writ which I am issuing, I will close down the court,” the CJI said.This legacy of courage has allowed the Bombay High Court to remain steadfast during challenging times, he underlined.The second element is the peer dynamics within the judiciary.“Judges behave as judges because you are constantly intermingling with people upon whom you depend for support, upon whom you look for guidance, upon whom you seek friendship in times of distress, in times of happiness, in normal times.”This camaraderie fosters a culture of accountability and integrity among judges.Lastly, CJI Chandrachud highlighted the critical role of scrutiny by the bar which contributes to the independence of Bombay judiciary.“Nothing a judge does misses the scrutiny of the bar and that element of scrutiny is what guides the work of our courts. This vigilant oversight ensures that justice is upheld, further reinforcing the court's independence and credibility," he said..Bombay High Court is known for its fearless independence.CJI DY Chandrachud.Experiences at the Bombay BarReflecting on his years at the Bombay Bar, CJI Chandrachud expressed gratitude for the mentorship he received from esteemed judges and Senior Advocates. In particular, he recalled the influence of Justice ML Pendse. “If you walked by his courtroom after lunch and he had just assembled, you could be sure that it was 2:00 in the afternoon. That was the sense of professionalism. He was always ready with all the briefs that came up before him, the ability to formulate minutes of the order that taught us how to frame reliefs. Too often, a good case can be lost just because of the inability of a lawyer or a judge to formulate the relief which has to be granted,” the CJI said..Remembering Advocate Nani PalkhivalaCJI Chandrachud also honored the legacy of advocate and eminent jurist Nani Palkhivala. “In this court, he would never carry his own gown and he would typically borrow a gown from one of the juniors,” he reminisced, highlighting Palkhivala’s humility and his contributions to the legal community..Advice to young lawyersThroughout his address, the Chief Justice shared valuable lessons from his journey.He emphasized the importance of dictating judgments in open court.“l learnt from this Court the great tradition of dictating judgments in open court. I think this is the great tradition of our court and do not reserve judgments. I receive so many letters as a CJI, one such letter stated that some judge has 300 judgments which are pending as they were only reserved. The only solution to this is to deliver judgments in the court as that brings a sense of clarity,” he said..I learnt from this Court the great tradition of dictating judgments in open court.CJI DY Chandrachud.He also advised young lawyers to uphold ethical standards in their practice.“I want to emphasise the importance of being ethical in the practice of law. In our effort to tide over the competition - and the competition of the bar is becoming so intense today - there is a tendency to cut corners. Judges who are burdened with work may not be able to fathom every corner of a case and maybe you will get away with it by having perhaps hoodwinked the judge to not realizing that there was some other point in the case, especially if you are a lawyer on the other side is not (competent) enough. But law has a tendency of catching up with you and therefore, it is very important to be fair,” he stated..Thoughts on Inclusivity and Gender EqualityCJI Chandrachud’s reflections also extended to inclusivity within the legal profession. He shared a conversation he had with a woman lawyer who had recently become a mother.“Why should it be that we should not create equal conditions where we make our courts as worthy places, as places where women can succeed at the bar. Why does a woman have to behave like a man in order to succeed at the bar? In other words, to give up familial responsibilities. I think it's important that therefore, courts across India use the benefit of technology.”.You can find 25 reasons of technical nature not to grant a relief to a citizen. But to my mind, one single justification to grant relief is all that is necessary. CJI DY Chandrachud.Compassion is what sustains us as judges: CJICJI Chandrachud also emphasized the vital role of compassion in judiciary.“Above all, what sustains us as judges is our sense of compassion for the society in which we render justice.”He shared a poignant example to drive home his point.“One case that has deeply influenced me over the years is that of a student from a Dalit background, a child from a marginalized community. He had secured admission to IIT-Dhanbad but was unable to pay the required ₹17,500 by the deadline for uploading his documents and fees online. Without our intervention, he would have lost his opportunity.”In this context, he reflected on the challenges judges face but had a word of advice. “You can find 25 reasons of technical nature not to grant a relief to a citizen. But to my mind, one single justification to grant relief is all that is necessary.”