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DY Chandrachud retirement: What Bar Council’s senior lawyers said about outgoing Supreme Court CJI
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DY Chandrachud retirement: What Bar Council’s senior lawyers said about outgoing Supreme Court CJI

as Chief Justice of India (CJI) DY Chandrachud is set to retire on SundayMembers of the Bar Association shared their views on his tenure, recognizing both his transformative contributions and the areas where his expectations were not met.

As is often said, the Bar serves as the true measure of a judge’s legacy, making it important to understand how senior members of the legal community view his or her tenure. India Today reached out to many leading lawyers to capture their perspectives as it is widely acknowledged that the confidence of the Bar Association is indispensable for any judge.

Senior Advocate Sidharth Luthra stressed CJI Chandrachud’s commitment to modernizing the judiciary.

“DY Chandrachud, known for advocating digital courts and technological integration, has encouraged the legal profession to embrace virtual tools even as some seek a return to pre-pandemic physical hearings,” Luthra said. he said.

“He will be remembered for always being courteous to the bar, always smiling and ruling his court with grace,” he added.

Senior Advocate Vikas Pahwa echoed these sentiments, describing CJI Chandrachud’s tenure as “nothing short of transformative” and lauding his “hands-on approach” to meeting the needs of the Bar.

According to Pahwa, the Chief Justice’s actions, such as directly summoning registrars to resolve issues, demonstrated his “commitment to improving the functioning of the court and access to justice”.

Pahwa also praised Reforms introduced by Chandrachud like e-filing, virtual hearingsand noted that digital record keeping “significantly increases access to the justice system, especially for those facing geographic and financial constraints.”

Additionally, Pahwa emphasized that CJI Chandrachud’s decisions demonstrated “unwavering commitment to constitutional values”, especially on the expansion of civil liberties and social justice. He noted that the Chief Justice’s decisions in landmark cases such as Puttaswamy v. Union of India and Navtej Singh Johar v. Union of India cemented his legacy as a “defender of individual autonomy and dignity”.

Pahwa said that under CJI Chandrachud’s leadership, the judiciary has witnessed “increased transparency in records, greater gender representation and the appointment of a record number of senior advocates”, all of which contribute to an overarching vision for a responsive judiciary.

“DY Chandrachud’s retirement marks the end of an era, but his legacy – an inspiring blend of judicial innovations, reforms and unwavering commitment to constitutional ideals – will continue to inspire lawyers, advocates and citizens,” Pahwa added.

Senior Advocate Geeta Luthra described CJI Chandrachud as “very dignified, gracious and knowledgeable”, especially in his approach to progressive debates on privacy, homosexuality, adultery, same-sex marriage and other emerging rights.

“In a world where social media has a strong judiciary, civil courts must be the bastion of human rights and freedoms and at the same time ensure a safe and secure balance for the citizens, which is a delicate balance. At the same time, I believe that the Judiciary and especially the chief justice of India must be very harsh “I can say that he needs to make decisions. The future will witness the legacy he left in the next few decades,” he said.

Not all sentiments regarding CJI Chandrachud’s tenure were unreservedly positive. Senior Advocate Sanjay Hegde likened him to the “Sachin Tendulkar of the legal profession” for his intellectual prowess, but acknowledged that Chandrachud’s legacy, like others, faces scrutiny.

“He was the Sachin Tendulkar of the legal profession, but there were also questions about Tendulkar’s legacy,” Hegde said.

Another senior advocate, Gopal Sankaranarayanan, appreciated his “intelligence, patience and sensitivity in court” but noted that Chandrachud’s attention to media perceptions had led to mixed reactions. However, Sankaranarayanan felt that the criticism was often excessive and said, “He has dealt with much more criticism than he deserves.”

Senior Advocate Sanjoy Ghose expressed disappointment, alleging that the Chief Justice had missed opportunities to address important issues such as the Manipur violence, the Hindenburg report, the Pegasus controversy and the Maharashtra political crisis.

“Unfortunately, his legacy remains buried under the weight of great expectations fueled by his own intelligence and wisdom,” Ghosh said. Despite his concerns, Ghose appreciated the Chief Justice’s patience and kindness.

Senior Advocate Vikas Singh added to these criticisms by pointing out that DY Chandrachud “does not pay enough attention to infrastructure for lawyers” and a perceived disconnect between the judiciary and the Bar Association.

He said he felt left out of the Supreme Court Bar Association’s key decision-making processes, creating a “feeling of disconnection.” Singh also questioned DY Chandrachud’s decision to convert the Judges’ Library into a museum in a high-security area and alleged that the decision ignored the needs of the Bar Association. Referring to the late Justice V R Krishna Iyer, Singh stated: “True judicial leadership is based on impartiality, compassion and empathy.”

Posted by:

Sahil Sinha

Publication Date:

November 10, 2024