The CJI while addressing a gathering during his felicitation today by the Bar Council of India (BC), said that such strikes must give way to cooperation under the constitutional scheme.
“Dr. Ambedkar when he spoke to Constituent Assembly on the eve of the adoption of the Constitution said “satyagraha, strike”; this was an instrument under colonial [rule], and now we are under home rule where we are ruling ourselves so strike etc must give way to cooperation.“
The CJI further said that lawyers should realise that it would be the litigants who would suffer if lawyers resort to strike.
“When lawyers strike who suffers? The consumer of justice for whom we exist suffers and not the judges, not the lawyers. Possibly lawyers since after a few days fee would stop. But the greatest sufferer is the consumer of justice.“
He also compared the decisions taken by Collegium to the Supreme Court reversing High Court decisions on judicial side.
Many a time, decisions of High Courts are reversed by the Supreme Court keeping in mind a pan-India perspective; he, therefore, exhorted advocates to see administrative decisions by the Supreme Court also from such a perspective.
“It is important for members of bar to realise that so very often when we take decisions in administrative capacity we are looking at things in national perspective. Of course, always question those in authority but you must also always learn to trust those in authority to that extent at least that they have best welfare of them at their heart and for that you have to take tough decisions. If we did not take those decisions, it will be like I will have a nice time till the Constitution tells me to retire. We all endeavour as to how the country will be better after two years.“