New Delhi, May 11 (PTI) The bar and the bench are two indispensable wheels of the chariot of justice, the Supreme Court said on Monday while emphasising that a friction-less relationship between the two furthers justice and forwards the cause of litigants.
The remarks came in a judgement in which the top court suspended an order of the Gujarat High Court convicting Gujarat High Court Advocates’ Association president Yatin Oza and sentencing him till the rising of the court for making scandalous remarks against the state judiciary.
A bench of Justices J K Maheshwari and A S Chandurkar said the court wields considerable authority, yet the true essence of judicial magnanimity lies in restraint.
Measured reprimand and corrective guidance remain the wiser course over sheer penal consequence, it said.
“They (bar and bench) are inextricably linked, serving as the two indispensable wheels of the chariot of justice. To steer through the complex terrain of the law and achieve fair and equitable outcomes, these wheels must move in perfect tandem, bound by a shared devotion to uphold the rule of law.
“The bar, persuasive in its role, acts as the relentless seeker of truth; it presents and argues the issues, ensuring that the voice of the litigant is fearlessly articulated. The bench, completing this paradigm, does not merely stand as a decisive authority that delivers judgments,” the bench said.
The top court said the bench is the ultimate custodian of the Constitution, tasked with interpreting the law, safeguarding fundamental rights, and dispensing impartial, timely justice with unwavering wisdom.
“Because their functions are distinct yet so deeply interwoven, the actions of one inevitably dictate the efficacy of the other. A diligent, ethical bar elevates jurisprudence and enables judicial precision, whereas indiscipline obstructs the bench and stalls the chariot of justice.
“Reciprocally, a patient and engaged judiciary empowers the bar to advocate fearlessly. Furthermore, it is a cardinal imperative that neither conducts itself in a manner that casts a shadow of disrepute upon the other; the dignity of the bench and the honour of the bar are mutually reflective, and conduct that diminishes the stature of one inevitably tarnishes the sanctity of both,” the bench said.
The apex court said if one pillar loses its footing, the other cannot stand tall.
“The tremor of an individual’s fault resonates through the entire ecosystem, risking the equilibrium of the institution itself. However, as with co-members within a family, a fault committed by one does not warrant the other to resort to punitive destruction.
“Accountability is paramount, but it must always be balanced with the patience to guide, reform, and elevate,” the bench said.
The court said that while it acknowledges the inherent human tendency to be swayed by emotional impulses fumed by the conviction to defend a cause, such cause must not come at the cost of the dignity of the institution.
“The court’s magnanimity is unparalleled; it is a testament to the measured patience of the court that justice must be tempered with mercy. The relationship between the bar and the bench is like two sides of the same coin, forever complementing each other.
“Candour and honesty on either side must also be met with patience and dignity on the other. A friction-less relationship between the bar and the bench only furthers the purpose of justice and forwards the cause of those seeking justice. The bench, however, must adopt a somewhat ‘parental’ temperament, it cannot lose sight of the fact that sometimes legal practice can be immensely high-stakes,” the bench said. PTI PKS PKS SKY SKY
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