The Chief Justice should not Clarify!

The Chief Justice of India’s remarks on young lawyers (Yes, parasites/cockroaches), was most certainly not worthy of praise. In a profession where robes are often inherited, for a young lawyer, struggling to get his foot through the door, nothing could be a worse hit to the morale than being called a parasite – living off the system.

Nevertheless, my concern is not what was said, and why it is bad. The CJI is entitled to his opinion (after all he too is entitled to the same freedom of speech I enjoy). What is disturbing is the public clarification that was issued following the statement.

Appeasement is a weapon wielded by politicians. When a Judge resorts to appeasement, it reeks of fear; fear of public opinion. A politician must be concerned about public opinion. It is his duty to care for the sentiments of the public. When a politician explains his statements it does not seem unusual, because after all, he cannot afford the displeasure of any class of society.

A judge on the other hand must display impartiality, and an excellent way to that is to disregard public opinion. A judge explaining himself appears meek and pliable. He appears to be bothered by public sentiment, which almost naturally implies that, he would have second thoughts in giving a judgment that might draw public displeasure.

My argument is simple. What was said, was said. However, clarifying what was said was simply disastrous. It had the potential to harm the credibility of His Lordship.

Judges must exercise restraint. It is ok to be misunderstood. It is ok to be disliked. A judge must retire with the badge of fairness, and justice, and nothing else. He must be known for his legal acumen, and nothing else. It is simply useless for a judge to be socially affable, and popular. A judge taking actions towards becoming likeable, will sooner or later compel people to think that his judge-ship was only a long runway for the launch of a political campaign.

TLDR – Even if lawyers are cockroaches, why is this statement being clarified? Clarifying a statement after backlash can weaken the credibility of a judge.