Independence of judiciary non-negotiable: Justice Ujjal Bhuyan urges lawyers to speak up

Supreme Court judge Justice Ujjal Bhuyan on Saturday said that democracy cannot thrive unless the judiciary remains independent - and for that to happen, the Bar must play its part..“If the democracy has to flourish, then the Bar must be ever vigilant. It must be able to call a spade a spade,” he said during the inaugural lecture of the Pune Bar Association’s new lecture series..Justice Bhuyan stressed that the independence of the judiciary was non-negotiable and warned against any pressure or interference. Citing Professor Upendra Baxi, he said a judge must have just one quality — “spine, spine and only spine.”He used the moment to speak directly to lawyers, especially younger members of the Bar, reminding them of their role not just in the courtroom, but in upholding the values of the Constitution.“I feel more comfortable in the presence of lawyers than judges,” the judge shared at the start, recalling his own years as a young advocate and describing the Bar as a fraternity that had shaped his own journey..Trial courts, he emphasised, are where the real legal battles are fought, and where the common man meets the justice system for the first time..If I could go back, I would devote more time to trial court advocacy…High Courts and the Supreme Court are fine, but the bulk of India’s litigation is in the district and trial courts.Justice Ujjal Bhuyan.Drawing on the example of Justice HR Khanna, who began his career in the district judiciary and went on to become one of the most respected judges in India’s constitutional history, Justice Bhuyan reminded young lawyers that greatness doesn’t have a fixed starting point. “To be a great lawyer or judge, it is not necessary that you start at the High Court or Supreme Court. The most real legal battles are fought in the districts.”.He also called out the tendency to refer to trial courts as “subordinate courts”, saying this showed a “colloquial mindset” that needed to change.“There is a hierarchy, yes, but trial courts are not subordinate to the High Courts or the Supreme Court. We cannot tell a particular judge how to decide a case,” he added.The judge spoke about the recent Supreme Court decision to move away from using terms like “lower court record” in filings, replacing them with “trial court record” - a shift he said was meant to acknowledge the dignity of trial courts.Justice Bhuyan, who once served as Chief Justice of the Telangana High Court, had then issued a notification asking courts to use the term “trial courts” instead of “subordinate courts”..Addressing issues that affect the legal system at large, he acknowledged delays but said the judiciary was still on the “right trajectory.” He cited Section 89 of the Civil Procedure Code (the provision for alternate dispute resolution) as something that should be taken more seriously.He also criticised the practice of higher courts passing directions asking trial courts to finish trials within 4–5 months while rejecting bail applications. “Is it practically possible? Either grant bail or reject it, but don’t pass unrealistic deadlines to the trial court,” he said..The lecture was also peppered with personal anecdotes and reflections. He recalled being asked in an interview what advice he had for young lawyers. “There is no magic mantra,” he said. Rather, success must be based on hard work and merit, never at the cost of others..The legal profession isn’t a 20/20 match. It’s a Test match. You have to be technically sound to play a long innings — face the spinners, bouncers, and fast bowlers.Justice Ujjal Bhuyan.In his closing remarks, he urged lawyers to never have a closed mind. Open court hearings and oral arguments, he said, often make a real impact and sometimes change the mind of a judge. “Never take a view about a particular case before arguments have been heard.”As a gentle parting nudge to younger members of the profession, he said, “Inside the courtroom we are adversaries. But once we step out, we are colleagues, and colleagues for life. Don’t carry your courtroom battles into the Bar.”