CJI Chandrachud Suggests Continuation of Judicial Work Despite Bar Member's Demise

CJI Chandrachud Suggests Continuation of Judicial Work Despite Bar Member's Demise

Chief Justice of India (CJI) DY Chandrachud has proposed reconsidering the practice of ceasing judicial work for the rest of the day when a member of the Bar passes away. His suggestion came during the bicentennial celebrations of the Bar Library at Calcutta High Court.

Re-thinking Judicial Work Stoppage

CJI Chandrachud emphasized the importance of maintaining judicial work despite the unfortunate demise of Bar members. He highlighted that while respecting the deceased is essential, the broader societal impact of halting judicial proceedings should also be considered. "Should we be ceasing work because a member of the Bar has passed away? Of course, we respect our friends, our colleagues, and our seniors; sometimes, unfortunately, they are our peers who have passed away untimely. Do we need to affect the wider society at large?" he questioned.

Personal Experience

Sharing his personal experience, CJI Chandrachud recalled his tenure as the Chief Justice of the Allahabad High Court. He noticed that the practice of stopping work after conducting references for deceased Bar members was prevalent. The Bar insisted that no further judicial work should continue after the reference.

He also recounted a significant moment from his own life when his father, Yeshwant Vishnu Chandrachud, the 16th Chief Justice of India, passed away. As a young judge at the Bombay High Court, he suggested that the reference for his father be conducted half an hour before the court's closing time. This way, the court could function for almost the entire day, minimizing disruption.

"When my father passed away, I was a young judge at the Bombay High Court, and the Bar came to the Chief Justice and said, 'Chief Justice, a distinguished former member of the Bar who became Chief Justice of India has passed away and we would like the work to be closed at the end of the reference'. The Chief Justice wisely said, 'His son happens to be a member of our fraternity. Why don't you go over to the Chamber of my brother Dhananjay and ask what he would like to do.' I had a suggestion and said, 'Why don't you begin the reference half an hour before the closing time of the court. The reference would probably get over around the closing time of the court, at which time the Chief Justice may then say that the remaining part of the judicial work of the court would remain suspended, which means that the court went on for pretty much the whole day'," the Chief Justice recounted.

Emphasis on Judicial Efficiency

CJI Chandrachud's suggestion underscores the need for judicial efficiency and the responsibility of the judiciary to the larger public. By proposing a shift in how references for deceased Bar members are handled, he aims to balance respect for the deceased with the continuity of judicial work.

Conclusion

CJI Chandrachud's proposal invites the legal fraternity to reconsider long-standing traditions and practices to ensure that the judicial system remains efficient and responsive to the needs of society. His insights reflect a blend of personal experience and professional wisdom, advocating for a pragmatic approach to handling the loss of Bar members.