Nagpur (Maharashtra) [India], April 5 (ANI): Highlighting the importance of having an independent bar, Chief Justice of India, DY Chandrachud on Friday said 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 courts,” Chandrachud said while speaking at the centenary year celebration of the High Court Bar Association Nagpur.
He said that the judiciary has time and again risen to the occasion to assert its independence and non-partisanship, a separation of power from the executive, the legislature and vested political interest.
“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.
He said that an independent bar is a moral bulwark to protect the rule of law and constitutional governance.
“In a vibrant and argumentative democracy like ours, most individuals have political ideology or inclination to quote Aristotle ‘human beings are political animals’. Lawyers are no exception. However, for the members of the Bar one’s highest loyalty must lie with partisan interest but to the court and the constitution. In many ways, it is the independent Bar that is the moral bulwark to protect the rule of law and constitutional governance,” he said.
He said that the judgements of the constitutional courts are the culmination of rigorous proceedings, through legal analysis and commitment to constitutional principles but once the judgement is pronounced, it is public property.
“As an institution our shoulders are broad. We stand ready to receive both praise and criticism. Be it through journalistic pieces, political commentary, or on social media. But as members and office bearers of the bar association with years of training and experience, you must distinguish with lay persons while reacting to the judgements of the court and engaging in legal discussions,” the CJI said.
The Chief Justice said that of late, he has been disturbed by the tendency of members of the bar association to comment on cases that are pending before courts and to comment on judgements delivered by the courts.
“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 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 courts and the citizens,” he said. (ANI)
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