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CJI Bobde’s Farewell Speech: a mixture of truth and emotion!

Dated: April 24, 2021

                                                                                                                                                           - by Megha Bhatia

On April 23, 2020 outgoing CJI Justice S. A. Bobde emphasized the importance of communication and relationship between the bar and the bench in carrying out judiciary’s most critical duty in protecting the citizenry’s life, liberty, and property.

Speaking at his farewell ceremony, organised virtually by the SCBA, CJ Bobde expressed, “One area which has attracted a lot of attention is the communication and the relationship between the bar and the bench. I am not criticising anybody and I am sure there are persons at fault on both sides. But an attitude of mutual respect is necessary for the functioning of the judicial system.”

It should be noted that earlier in the day, a three-judge bench of CJ Bobde, Justice L. Nageswara Rao, and Justice Ravindra Bhat faced off with some members of the bar over the bench's decision to take Suo-motu cognizance of COVID-related issues when the High Courts were already seized of them. The bench’s nomination of senior advocate Harish Salve as Amicus Curiae in the case was another bone of contention.

At the function, CJ Bobde began by saying, “Since morning, I have discovered a new cause of becoming speechless – having a lot to say – which is contrary to the experience of not knowing what to say. I discovered that there are some things which one can say. I shall endeavour to say them.”

“The system, the atmosphere is such today that nice words about one really surprise one. It is very heartening to hear good things about oneself”, he said in reaction to remarks made at the event by Attorney General K. K. Venugopal, SCBA President and senior advocate Vikas Singh, and CJI-designate Justice N. V. Ramanna 

“I am not saying that we should be an association of people who pay compliments to each other and look over each other’s faults, but it is on this communication and relationship that depends the fulfilment of the most important function of the judiciary-of protecting life, liberty and property of the citizens. As of now, much is wanting in the narrative, if I can even use that term...”, continued the CJ. 

He further clarified that did not mean for there to be a “mutual admiration society”, but that the bar and the bench “must work in a way which is harmonious, nourishing and fulfils the purpose of the system”. 

In continuation, CJ Bobde said, “For example, when we had joined the bar, we were taught that we must accept that, at times, the judge may not agree with you. It is not a reflection of your skin or your ability to persuade as an advocate, but it is human nature that people may not see eye to eye on every issue. In such circumstances, we must gracefully accept a contrary decision.”

He said that he did not want to ‘lecture’ on these topics, but that he had no issues, “except for occasional problems of an overenthusiastic argument.”

“Having served at Bombay (parent HC), Madhya Pradesh (as CJ) and now Delhi, I can say that it is the relationship between the bar and the bench which is to matter the most for the judiciary in the future”, he said. 

“A lawyer with a well-furnished mind alone can be truly a counsellor at law; he alone can, not merely look up precedents, but guide his client along the path of wisdom, even of generosities which may appear irrelevancies to the preoccupied client. In the hands of such a lawyer, the law represents the application of reason to noble and purposeful ends,” CJ Bobde said, quoting veteran advocate Nani Palkhiwala from his book “We, The People.”

He also quoted novelist Walter Scott, and recited that “a lawyer without history or literature is a mechanic, a mere working mason; if he possesses some knowledge of these, he may venture to call himself an architect.”

CJ Bobde also made a reference to how the media and social media view one’s behaviour.

“We have been given a unique designation of guardians of the Constitution – by ‘we’, I mean both the bar and the bench. It is not just the bench’s duty, but the b also has the duty to assist the bench in arriving at the right decision. This is possible only when the bar is committed to the dynamic rule of law. Only then can the bar assist the judiciary, particularly in its service to the marginalised an vulnerable sections of the society”, continued the judge. 

“When I took the oath, I had not imagined the complexity of the task as the Chief Justice of India – the judicial side, the administrative side, the management of courts, the problems of the High Courts, the requirement of the bar. It takes time to understand. But there is no way around when you have to understand and do your best. The variety of litigation before the Supreme Court is dazzling, the arguments are the best as it is the last court, the lawyers very capable and their standards very high”, added the CJ.

“With the help of my colleagues, particularly the E-committee and more so the registry, we managed to tide over the challenge,” he said, explaining how the Covid pandemic forced the judiciary, and specifically him as the CJI, to learn new things about communication and how they agreed video conferencing was the way forward.

CJ Bobde said that while sitting in front of a TV screen, being watched by a camera, and speaking into a microphone was originally difficult to envision, but they have become accustomed to it. He asserted,“I must say that at least in a certain class of cases, video conferencing is here to stay.”

However, he admitted that the system has one flaw that has produced a different kind of injustice: the inequality that always exists has been exacerbated because one’s access to justice is still technology-dependent; it allows one to possess all of the required equipment.

“I am proud to say, having examined the records of the Supreme Courts across the world, that our performance during Covid was among the best. One indication of it is that the Supreme Court did not fail to sit on even one day. The number of working days in the last year were more than they have ever been in the history of the Supreme Court”, stated the CJ. 

The Supreme Court’s Artificial Intelligence Committee unveiled the SUPACE (Supreme Court Portal for Assistance in Court’s Efficiency) Artificial Intelligence portal earlier this month.

In terms of acceptance of artificial intelligence, he wanted to issue a cautionary note, stating that artificial intelligence is only going to evolve in the future, and that ignoring it is pointless. “I remember when computers had just been introduced and people had started communicating through emails, there were some people wondering why? But when something like this is introduced, it catches on like wildfire and there is no way to stop it. Can you imagine that the post offices have been closed now and the government is wondering what to do with the buildings?! Artificial intelligence is in the same league. We will find ourselves at a great disadvantage if we ignore it”, he said. 

Finally, he encouraged the young members of the bar who were discouraged by the pandemic not to give up hope and to keep on- “Things will change. My heart goes out to the younger members of the bar as they are ones who need the greatest degree of encouragement.”