Monday, May 20

“I Am Not Sure Whether We Should Be Cold Calling An Individual . . .”: CJI DY Chandrachud

Edited by Kabani R

In a recent interaction at Harvard Law School, Chief Justice (CJI) DY Chandrachud justified Supreme Court Collegium’s decision to appoint Justice Victoria Gowri to the Madras High Court and said one should not be “cold calling” individuals merely for the views they may have held as lawyers.

Expressing his view, CJI said: “I am not sure whether we should be cold calling an individual merely for the views, which they may have held as lawyers,” because he believes that “there is something in our profession of judging that once you assume judicial office . . . which makes you dispassionate.”

While addressing the question at the Law school, CJI said that Collegium had looked at “very, very carefully” that since it is being said that she was a member of a political party and also had gone through the essence of the speech which the judge claimed to have made. Following, a feedback has been shared with all participants including the government as well. He then narrated the complicated process of appointing judges which included the participation of different layers of the federal system. “This is very a broad-based collaborative process going on where no one arm of the State has a decisive role to play,” CJI said.

He then underlined that “Lawyers across their careers appear for a cross-section of clients. “Adding further he said, lawyers don’t choose their clients; a lawyer is duty-bound to serve for whoever come for legal assistance, like a medical practitioners administering medical aid.

Citing Justice Krishna Iyer, Mr Chandrchud remarked; “One of our greatest judges, Justice Krishna Iyer, who came out with some of the finest judgements, had a political background. My own experience has been that judges who have appeared for a cross-section of diverse political views across the spectrum have turned out to be amazing judges.”

The recommendation to promote Victoria Gowri has erupted controversy due to her political affiliation to the BJP. Several people including bar members of the High Court expressed concern over her appointment alleging that she had delivered hate speech against religious minorities.