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Bombay High Court’s fearless sense of independence saved Indian democracy during Emergency: CJI DY Chandrachud

Clarifying that he did not mean to be patronizing, the CJI offered some pointers for the judges of the Court. He said that the strength of Bombay High Court lies in its ability to formulate law for the future and urged judges to take time for themselves to step back and formulate doctrine.

“I know that judges are hard-pressed for time today; the volume of litigation has undergone a quantum increase in terms of leaps and bounds. But do step back and take time for yourself to formulate doctrine, because that would be the key to sustaining the High Court in the future,” he said.

Apart from the ability to write, he emphasized on the ability to assimilate diverse strands of thought and expression.

“Of course, we are duty-bound to judge, because that’s our duty and our oath under the Constitution. But, at the same time, I do believe it’s important not to be judgmental on the lives of others. Be accepting of the right of others to live the lives that they want to live unless they transgress the law. And, even if they transgress the law, it’s important that we understand why people do as they do, because that gives us some sort of an insight into what befalls even the worst of crime in our society,” he stated.

Lastly, he emphasized that judges must do everything they can to attract the best talent into the Court. According to him, judges have a vital role in providing mentorship to the bar.

Source: Barandbench

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