Place Court, Constitution above political beliefs: CJI DY Chandrachud to lawyers and bar bodies

Chief Justice of India (CJI) DY Chandrachud on Friday remarked he was disturbed by the recent tendency of bar association members commenting on pending cases and the judgments delivered by the courts..CJI Chandrachud highlighted the importance an independent bar and the associations, while urging the lawyers to distinguish themselves from the laypersons in their reaction to the judgments of the court."Of late, I have been very disturbed by the tendency of members of Bar Association's to comment on cases which are pending before the court and of commenting on judgments 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 hands," the CJI said while addressing the bar associations.Pertinently, the CJI said that lawyers, like any other individuals, will have their own political inclination and beliefs. However, they should rise above that and their highest loyalty should lie with the courts and the Constitution, he underscored."In a vibrant and argumentative democracy, like ours, most individuals have a political ideology or 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 interests, but to the court and the Constitution," he said.The CJI also asserted that in many ways, it is an independent bar that is a moral bulwark to protect the rule of law and constitutional governance.He was speaking at the three-day centenary celebration of the High Court Bar Association at Nagpur Bench of Bombay High Court.The remarks assume significance as they come just days after the CJI rebuked the Supreme Court Bar Association (SCBA) President and Senior Advocate Adish Aggarwala in open court for his letter seeking suo motu review of the Electoral Bonds judgment..In his speech this evening, the CJI stressed that it was incumbent upon the members of the bar to communicate the judgments of the court to the public by 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 complex concepts and proceedings into accessible language for the public, fostering a deeper understanding of our constitutional values and the true purpose of our judgments".The CJI further said the judiciary has time and again risen to the occasion to assert its independence and "non partisanship, a separation of powers from the executive, the legislature and vested political interests.""We must not forget, however, that there is a close link between the independence of the judiciary and the independence of the bar," the CJI said.Judgments of our constitutional courts are the culmination of rigorous proceedings, thorough legal analysis, and a commitment to constitutional principle, he added."But 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 through journalistic pieces, political commentary, or on the social media, but as members and office bearers of Bar Associations with years of training and experience, you must distinguish yourself from the layperson while reacting to judgments of the court and engaging in legal discussion," the CJI said..CJI Chandrachud further stressed that the role of a bar association must not be limited to only advancing the immediate concerns of lawyers.The role extends to a broader institutional responsibility to enhance the functioning of the judiciary and protect the dignity of the court, he said.“Bar Associations must focus on improving the quality of advocacy at the bar, and more importantly, making our courtrooms more accessible and safe for our citizens”..He also referred to the recent assault on Senior Advocate Gaurav Bhatia and a young lawyer at a Noida court where lawyers were observing a strike. The top court had taken suo motu cognizance of the matter. “You are fortunate that these incidents are not par for the course in Nagpur,” CJI Chandracud told the lawyers, adding that it was incumbent upon the Bar Associations to ensure the safety of lawyers when they come to practice before the court.CJI added that with hybrid hearings, lawyers from across the country appear before courts in different regions. He thus called upon the Bar Associations to adopt a more accommodative and inclusive approach to ensure safety and welcoming of all the lawyers.