CJI Chandrachud: Lawyers' comments on pending cases, judgements troubling

Chief Justice of India DY Chandrachud/ File Photo

The Chief Justice of India, DY Chandrachud, voiced worry about a recent trend in which lawyers comment on ongoing cases and judgements. He stated that, while the judiciary can accept both praise and criticism, it is uncomfortable when legal practitioners forget their responsibilities as court officers.

Speaking during the High Court Bar Association of Nagpur's centenary celebration, Justice Chandrachud emphasised the necessity of preserving the judiciary's independence and dignity. He emphasised that lawyers' first allegiance should be to the court and the Constitution, rather than partisan interests, reported PTI.

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The PTI report quoted CJI Chandrachud as saying, "We must not forget, however, that there is a close link between the independence of the judiciary and independence of the bar. The bar as an institution is essential to preserve judicial independence, constitutional values and the dignity of the court. In a vibrant and argumentative democracy like India, most individuals have political ideologies or inclinations."

The CJI, per PTI report, in his address said, "Office-bearers and members of the bar should not forget while reacting to judicial decisions that they are officers of the court and not laypersons. The judiciary has time and again risen to the occasion to assert its independence and non-partisanship."

Reportedly, the Chief Justice emphasised the arduous process underlying Supreme Court decisions, stating that once delivered, a judgement becomes public property, subject to criticism and appreciation. However, he was disappointed by the current inclination of bar association members to comment on ongoing cases and verdicts.

"To quote Aristotle, human beings are political animals. Lawyers are no exception. However, for members of the bar, one's highest interest must not lie with partisan interests but with the court and the Constitution. The judgements of the Supreme Court's constitutional benches are the culmination of rigorous proceedings, thorough legal analysis and commitment to constitutional principles," the report further quoted Chandrachud as saying.

"But once a 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 and office-bearers of bar associations, lawyers must distinguish themselves from the layperson while reacting to judgments of the court," he added, per the PTI report.

Justice Chandrachud asked lawyers to respect the truth and integrity of legal discourse while emphasising their responsibility as court servants. He emphasised the inclusive feature of India's Constitution, which was created to include people from all walks of life, the PTI report added.

"Of late, I have been very disturbed by the tendency of members of bar associations to comment on cases which are pending and on judgments. You are first and foremost officers of the court, and the truth and dignity of our legal discourse are in your hands. India's Constitution is an inclusive constitution intended to bring together every person including 'the butcher, the baker and the candlestick maker' (people from diverse backgrounds)," he further said.