Chief Justice of India D.Y. Chandrachud on Saturday said when lawyers strike, the consumer of justice suffers, the person for whom justice is meant, and not the judges or the lawyers.
Recently, the lawyers of two high courts - Gujarat and Telangana- had protested against the proposal made by the Supreme Court collegium for the transfer of judges.
In his address at a function organised by the Bar Council of India to felicitate him, the CJI said harmony and balance is crucial to maintaining the tranquility of our society and courts as institutions of governance in the country have a role to define that sense of harmony and balance.
He said Dr B. R. Ambedkar -- when he spoke to Constituent Assembly on the eve of the adoption of the Constitution - said satyagraha ot strike was an instrument when we were under colonial rule and Dr Ambedkar said that now we are making migration to under home rule, where we are ruling ourselves so satyagraha and strike, which were relevant during colonial rule etc must give way to cooperation, stability, tranquillity, and balance.
"That is the tranquillity, and social stability, I speak about," he said.
Recalling the days when he was the Chief Justice of Allahabad High Court, the CJI said they had a couple of strikes and he would always call lawyers and ask them to speak to him about what problem they are facing, and "why do we strike against each other?"
"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, fees would stop but the greatest sufferer is the consumer, the person for whom justice is meant."
He added that so much of which confronts us in terms of pendency etc can be resolved by dialogues and understanding and it is important for members of bar to realise that when they take decisions in administrative capacity, they are looking at things from a national perspective.
According to sources, the Supreme Court Collegium headed by Chief Justice Chandrachud has recommended transfer of three high court judges for administrative reasons.
The collegium recommended shifting the Madras High Court's Acting Chief Justice T. Raja to the Rajasthan High Court, while Justice Nikhil S. Kariel and Justice A. Abhishek Reddy have been proposed to be transferred to the Patna High Court.
Justice Raja assumed charge as Acting Chief Justice from September 22. Justice Kariel is currently a judge at the Gujarat High Court, while Justice Reddy is a judge at Telangana High Court. Reports on the collegium resolution led to protest by lawyers at both high courts.
At his felicitation event, the CJI also urged senior lawyers at the bar to pay their juniors well so that the juniors, particularly in metropolitan cities, can lead a better life, and senior lawyers should not treat their juniors as slave workers merely because the senior lawyers themselves had to learn the law the hard way during their days in the profession.
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