Judges disrespecting lawyers must be dealt with and judicial integrity must be protected: Bar Council of India writes to Chief Justice of India
The Bar Council of India (BCI) has written to the Chief Justice of India (CJI) seeking reforms to deal with judges disrespecting lawyers and protect judicial integrity. BCI has written to CJI DY Chandrachud seeking reforms to deal with incidents of judges disrespecting lawyers and protect judicial integrity.
In the letter, Chairman Manan Kumar Mishra said that the increasing incidents of crossing the acceptable limits of judicial conduct stressed the urgent need to establish a clear and enforceable code of conduct for judges. He further said that the code should focus on maintaining decorum and ensuring that judges interact with lawyers, litigants and court staff in a respectful and professional manner and ensure that the judge's discretion to control court proceedings does not extend to making comments irrelevant to the case, bordering on personal attacks or creating an atmosphere of intimidation.
The letter pointed out that disrespectful attitude towards lawyers is a threat to the rule of law and the proper functioning of the judiciary. It said that disrespect towards lawyers, judges or other court officials is a violation of the basic principles of human rights, which offends against the right to dignity and professional respect.
The letter said,
“A judiciary that treats its lawyers as subordinates rather than equals in the administration of justice risks eroding public confidence in the legal system. Lawyers should be able to challenge legal and procedural matters without fear of retaliation or unprofessional conduct from the bench. Disrespect towards lawyers in this sense can also be considered a violation of their right to work in a professional, respectful, non-hostile environment guaranteed by human rights norms.”
The letter also suggested that psychological training and orientation programmes be organised for judges to address inappropriate judicial conduct. It said that periodic assessment of the mental health of judges will play a vital role in preventing cases of judicial misconduct, as the mental health of judges is essential to ensure that they perform their duties impartially and honourably.
It further said that by periodically assessing the mental health of judges, early symptoms of burnout, stress, etc. can also be identified and addressed. It further said that the results of the assessment can be kept confidential and dealt with by a specially constituted committee for review.
"Such initiatives by promoting a culture of mutual respect and support will not only help improve the mental health of judges, but will also maintain the dignity of the legal profession and protect the fundamental human rights of lawyers," the letter read.
The letter also said that addressing the concerns of lawyers is what is needed to preserve the fundamental principles of justice, which form the basis of the entire legal system.
The letter further said,
"To administer justice impartially, the bar and the bench must work in harmony on the foundation of mutual respect and dignity. When lawyers are treated with disrespect or when judicial conduct is unruly, it undermines public confidence in the judiciary and undermines the credibility of our legal institutions."
The letter was issued in the wake of a recent incident in the Madurai Bench of the Madras High Court where Justice R Subramanian was seen reprimanding Senior Advocate P Wilson during a hearing. The case pertained to an appeal filed by the Tamil Nadu Public Service Commission (TNPSC), which was represented by the Senior Advocate. During the hearing, the Senior Advocate pointed out a possible conflict of interest as the Judge of the Bench (Justice Victoria Gouri) had heard the original writ and passed positive directions in it. Following this, the Senior Judge of the Bench reprimanded the Senior Advocate.
The letter said that if a senior member of the bar is treated in this manner, it raises concerns about the experiences of younger lawyers. It highlights the urgent need to improve court decorum and the interaction between lawyers and the judiciary to ensure that no lawyer faces public reprimand, humiliation or intimidation while performing their duties.
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