"I am Very Disturbed, Comment on SC Order" CJI DY CHandrachud #supremecourtofindia #lawchakra

almost every day when I climbed down from the steps of the chief Justice's Court there would be at least two or three members of the bar association waiting to meet me there is something so very urgent that they want me to attend to off late I've been very disturbed by the tendency of members of bar associations to comment on cases which are pending before the court and of commenting on judgments delivered by the court you are first and foremost of just this morning I was reading a beautiful article in the New York Times by Justice Steven Brier about what judges of the Supreme Court do apart from disagreeing or agreeing with each other on the bench in India we tend to agree much more than the American Supreme Court and the drift of the article is that despite the fact that judges expressed their views either in favor of what the other judges saying or against the view so dispat passionately and sometimes with a great deal of vigor they are at heart very good friends Jus as B narrated how we came to call each other lordship at a time when the vagaries and uncertain uncertainties of the appointment process were confounding us as to whether we would at all become judges of the high court we decided to call each other lordship which we still do today Justice G to both Justice B and me is hmj so even today in the Supreme Court when we meet in the Coffee Lounge I welcome him because I normally arrive a little before he arrives I always call him hmj welcome so this year I'm delighted to be part of the Centenary Year celebrations of the nagpur high court Bar Association on 6th of January 1940 when This Magnificent high court building was inaugurated it was described as Justice B said by the earthw Viceroy as a poem in stone even today in 2024 with all the advancements in technology and modern design this building remains an architectural Marvel it is always a privilege and honor to be here I also realize the limitations of my own mobile phone when I was trying to take a picture of the building sitting here that the mobile phone despite technology cannot just capture the grander of the building there are some things which you can only absorb and you cannot capture which is so true to our tradition of meditation reflection introspection and not necessarily of recording everything as we do in courts of law the nagpur high court Bar Association has a unique history of being christened a high court Bar Association much before the actual high court was established in 1936 in 1928 almost 8 years before the high court was established the bar association REM renamed itself a high court Bar Association and made fervent demands for a high court to be set up in napur in fact the members of the association not only Advanced the demand to set up a high court in nagpur but also to elevate members of the nagpur bar as judges of that Court the active and vibrant Spirit of the association today is undoubtedly rooted in this rich and dynamic history spanning over a 100 years the napur bar has given to the country legal stalwarts and judges who have left a deep imprint on our Judiciary and the jurist Prudence of our courts Two Chief justices of India Justice hullah and my own very dear friend and elder brother Justice sharat B are products of this illustrious bar the Supreme Court has been enriched by the invaluable contributions of several judges from the nagpur bar such as Sir Justice sir Vivian Bose in whose Court I had the great privilege of sitting courtroom number BB Justice Jr muler justice AP sin with whom I would spend many many evenings as a visiting judge in naur Justice vs supurar and of course my my own very dear colleague Justice BR GA I'm confident that the nagpur bar will continue to Foster excellence in advocacy and also contribute to the bench by producing many more distinguished members in the future I'm sure so many of you will be guided by the examples of those who are in your midst in Mumbai included and nagpur Sh shiar is here we must also remember people who are unfortunately not with us today like justice VOD Bob a lawyer par excellence and a human being par Excellence bar associations at all levels in our district courts High courts and the Supreme Court play a significant role in democratizing the courtroom and facilitating the collaborative governance of our courts they ensure that lawyers both seniors and juniors have a forum to express their concerns suggestions and ideas to collaborate with the government the bench and other stakeholders on a day-to-day basis it is the bar associations as representatives of the lawyers who directly engage with the court and the registry almost every day when I climbed down from the steps of the chief Justice's Court there would be at least two or three members of the bar association waiting to meet me there is something so very urgent that they want me to attend to lawyers are Central stakeholders in the functioning of our courts and active bar associations such as the nagpur high court Bar Association and they ensure that there is a constant and productive dialogue between the bar and the bench although many of us judges have been a part of the bar at different points in time interactions with the associations ensure that we do not become detached from the everyday realities of our colleagues at the bar the role of a bar Association however 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 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 recently the Supreme Court took suo to cognizance of an incident involving the man handling of a senior Advocate and a young lawyer in one of the district courts during a boycott called by the bar association not too far from Delhi you are fortunate that these incidents are not par for the course in nakur the specifics of this incident aside it is incumbent upon the bar associations to ensure the safety of off all the members of the bar when they come to practice before the court with hybrid hearings lawyers from across the country appear before courts in different regions bar associations must adopt a more accommodative and inclusive approach ensuring safety and welcoming all the members of the bar who practice before that court I was pleased to hear about the legal aid project called Nadu run by the nagpur high court Bar Association to ensure pro bono access to Legal resources for persons residing in The Villages in the Viba region I urge the younger members of the bar to contribute to such initiatives it serves as an opportunity to not only use your Premier Education and Training to secure Justice to ordinary citizens but it is also a way to sharpen your legal skills and advocacy similarly the steps taken by the Nur High Court Bar Association to mentor and improve the skills of younger members of the bar by regularly organizing lecture series and study circles must be appreciated my last act before I left my position as visi visiting judge at napur to go to Mumbai was to deliver a lecture on international law which the bar requested me to deliver I must also highlight the importance of having an independent bar and as a result independent bar associations the Judiciary has time and again risen to the occasion to assert its independence and nonpartisanship 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 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 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 in many ways it is an independent bar that is a moral bull workk to Pro break the rule of law and constitutional governance judgments of our constitutional courts are the culmination of rigorous proceedings thorough legal analysis and a commitment to constitutional principle 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 bokes and brickbats B 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 lay person while reacting to judgments of the court and engaging in legal discussion of late I've have been very disturbed by the tendency of members of bar associations to comment on cases which are pending before the court and of com comenting 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 as members of the bar it is incumbent upon you to communicate the judgments of the court to the public utilizing platforms such as opinion pieces and 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 comp Concepts and precedence into accessible language for the public fostering a deeper understanding of our constitutional values and the true purpur of our judgments on many occasions I have spoken about the need for representation of women in the Judiciary and as members of the bar statistically the number of women lawyers practicing across the country has increased manifold over the last few decades there was a time when you would enter a high court or even the Supreme Court and only see a sea of men many female Advocates recall a time when they were the only lawyers going through security checks for women while long cues formed the men's Security check outside the Supreme Court this situation is radically altered today with a large number of women not only formally joining the bar but also setting up a thriving practice recently the Supreme Court designated 11 women as lawyers as senior advocates in one go signaling the change in the demographic of our successful lawyers the nagpur bar is no exception of the 3,000 members more than 500 members are women as the demographics are changing in the legal profession and more young women are entering the field this number will only increase however even as the number of women lawyers is increasing at an unprecedented Pace this trend is not reflected in the composition of our elected bar associations or even our bar councils when there are no formal barriers to contesting elections and the number of women lawyers is increasing the question that arises is why are more or women not contesting and winning elections to Bar associations or bar councils this lack of representation is not unique to the nagpur bar association but permeates to Bar associations and bar councils across the country a study which was conducted in 2021 revealed that only a meager 2.04% of the elected representatives in the 21 State Bar councils are women not a single office bearer of the Bar Council of India is a woman there is only one woman member in the Supreme Court Bar Association executive committee contesting elections for bar associations and for bar councils requires extensive networking campaigning and soliciting of votes which often leads to the formation and perpetuation of an entrenched old boys club this environment can act as a significant disincentive for women discouraging them from particip ating in these elections let alone engaging in campaigns and successfully winning them it is not enough to remove formal barriers to women lawyers contesting elections it is the responsibility of the existing male office bearers to not only encourage and support women lawyers who stand for election but also make the environment conducive for them to stand a fair chance I'm optimistic that the nagpur bar association with its glorious history of Foster in social change will take proactive measures in this direction I also urge all the women advocates in the audience to assert their position in the bar association come forward contest elections and hold positions of responsibility in many ways the city of nagpur holds immense importance in the life of our Republic and the life of one of the founders of our Republic Dr Babas ambedkar it is here that Babas sahb embraced Buddhism and his final remains are enshrined in the central Dome of dsha bomi stupa additionally shantian housing a museum with Dr ambedkar's personal belongings can be found in the nearby Village of foli this year marks not only the Centenary of the bar association but also a 100 years since Dr Babas ambedkar began his law practice in honor of this Milestone the Supreme Court established a statue of Dr ambedkar symbolizing his guiding presence as we fulfill our constitutional duties in a sense a little part of nagpur is now forever a part of the Supreme Court Dr Dr ambedkar's motivation to pursue a legal practice was rooted in the independence a legal practice provides legal practice was liberated from the feudal hierarchies of cast which he fought against and mobilized public opinion Dr ambedkar believed that in colonial India the legal profession alone allowed an individual to remain independent from the government and social forces he valued his independence from an undemocratic colonial government and a cast ridden Society over monetary or commercial gain this motivation to pursue law for autonomy and freedom that the profession imparts stands true even today the ability and responsibility of a lawyer to act without fear or favor ill will or affection must continue to guide us as members of the legal profession in a judgment authored by Justice Vivan BOS a former judge of the Supreme Court of India and an illustrious member of the nagpur high court Bar Association of this court just BOS observed the Constitution is not for the exclusive benefit of governments and states it is not only for lawyers and politicians and officials and those highly placed it also exists for the common man for the poor and the humble for those who have businesses at stake for the butcher the Baker and the Candlestick maker let us all remember that our constitution is an inclusive Constitution it is intended to bring together the butcher the Baker and the Candlestick maker so just as this building is said to be a poem in stone Justice Vivian boss was a poem personified in verse as he wrote I would conclude by saying that as you carry out your responsibilities as professionals Advocates and officers of this constitutional Court remember that your for most Duty lies towards ensuring Justice and upholding the rights of every individual be the baker the Candlestick maker last but not the least the butcher as well thank you each of you carries a heavy mantle of Excellence to uphold I am certain that all members of the bar association will live up to the illustrious reputation of this historic bar embodying integrity diligence and excellence in your legal practice Justice GA said before he ended that he's not making a long speech because he will speak tomorrow and come back during the year-long celebrations I made a long speech but I expect that I will also return during the yearlong celebration thank you naskar

Channel: Law Chakra

Views: 262,043

Keywords: high court live, India, supreme court, Associates, legal fact in india, law classes online, crpc, ipc, live court view, contempt of court, judge angry, gujarat high court, Law Chakra, Patna high court live, High Court live, corruption, PM MOdi, Narendra Modi, Legal, LawChakra, Law CHakra, Law NEws, High Court, Supreme Court of India, Supreme COurt, Chief Justice of India, Supreme COurt Live, SUpreme Court of India, Supreme COurt of India Live, CJi DY Chandrachud

Id: n-gLM7HNMwg

Length: 19min 53sec (1193 seconds)

Published: Sat Apr 06 2024