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Lawyers Should Learn How To Argue Matters From Chidambaram: CJI Thakur

Eminent Jurist and former Finance Minister, P. Chidambaram, came in for rich praise from Hon’ble Chief Justice of India T. S. Thakur.

Look at Mr Chidambaram. Has he stood up and tried to argue by raising his voice? No. Do you think he knows less than those lawyers who are always shouting?” the learned Chief Justice exclaimed in exasperation while hearing a batch of petitions challenging the demonetisation of currency.

No decorum in the Court room

The context for comparing the dignified behaviour of Mr. Chidambaram came because several other lawyers sought to outdo each other by shouting at the top of their voices so as to get the attention of the learned Chief Justice.

Several lawyers appeared to be oblivious of the necessity to maintain decorum in the Court room. They were arguing loudly and countering every statement made by eminent lawyers like Kapil Sibal, P. Chidambaram, etc.

You people think you know better than Chidambaram. You are not allowing him to speak. Despite this, he is awaiting his turn patiently. Learn something from him,” the Chief Justice fumed.

This is a Court, not a “fish market”!

The CJI was visibly irked at the unruly behaviour of the lawyers.

I have been a judge for the last 23 years. I have never seen such conduct of lawyers during arguments. It sounds like a fish market,he added.

Bitter memories on the eve of retirement

The learned Chief Justice lamented that he would have to retire with bitter memories of the unruly conduct of the lawyers.

I am having just one more week to sit on the bench before retirement. I don’t want to go out with such memories. This is the court of the Chief Justice of India, yet there is no decorum despite the issue being very sensitive,” he said with noticeable regret in his voice.

Disappearance of “Chamber” system has led to a fall in standards

On an earlier occasion, when the learned Chief Justice was presiding over a function in the Bombay Bar Association, he remarked that in the earlier days, lawyers had to necessarily join the Chamber of a senior advocate to learn the ropes of practicing in Courts.

This created a healthy “Gurukul” system where the seniors would discipline the juniors and inculcate good practices in them. The juniors would also watch their seniors function in Court and learn the nuances of how to behave in the Court room.

Unfortunately, the advent of several new-age “boutique” law firms has meant that the “Chamber” system has fallen out of favour amongst young lawyers.

The learned Chief Justice narrated an unpleasant incident where a young lawyer elbowed Attorney General Mukul Rohatgi in order to mention a matter for urgent circulation even as the latter was patiently waiting for his turn to mention.

This behaviour caused acute embarrassment to all concerned though the young lawyer was oblivious of the fact that his conduct was improper.

Such behaviour was never witnessed in the old days when the Chamber practice was in vogue,” the learned Chief Justice remarked even as the other dignitaries nodded in agreement.

Posted in Legends of Law
4 comments on “Lawyers Should Learn How To Argue Matters From Chidambaram: CJI Thakur
  1. Subramaniam Swaminathan says:

    PC may be decent in court rooms but his arguments particularly outside the courts for political reasons are sheer non sense.

    Pl follow him only for court decorum and that’s it.

  2. indeed a great fact; you may know if you read further down what is education is;

    Several ways to make learning meaningful in every decade!
    By Guru Balakrishnan Ph.D., M.L.,
    Faculty Emeritus (Management Studies) JBIMS (Bombay univ).

    Learning is in many ways, that is there from day one of Education commenced;

    That is the ‘Magnum Opus’.

    ‘Samhitas’ (collection of Mantras) is also education paradigm of development of man;

    ‘Rik’ ( metrical verses) too is also education;

    ‘Yajus’ (sentences in prose form) too assumed education form;

    Any ‘hym’ are modulated in numerous ways of singing – (a method used to help committing to one’s own memory) is also a method of learning paradigm;

    ‘Brahmanas’ (a method of teaching ‘practical use of teaching and learning in poetry – versical (verse) form’ ;

    When any ‘Esoterical’ (‘symbol’ method) way a thing is taught is called ‘Aranyakas’; is also form of education;

    Another method is ‘Upanishadic form’ (a mystical import and philosophical suggestiveness) of any ‘Brahmanas’(versical renderings) or/and ‘’Aranyakas’ (Esoteric renderings) is also education paradigm;

    Upanishadic form of educational teachings is also education paradigm;

    Education is supposed to be given in the ‘childhood to teenage level of any child’, a stage called the ‘green tree like conception’ when mind absorbs like a ‘nail is driven easily on a green tree’ ; that is the early stages of any person.

    With the above perception per Hindu education culture, let us see how we taught our children then say in the ‘early times’:

    ‘When any idea of improving one’ is to ensure by the process of telling one what the things the world knew before is to be taught first is the ‘Big Must’ ; if not , there shall be ‘No continuity ‘ as such; without continuity every thing would be just some piece or pieces only;

    See for example, your body has a continuous neurons numbering about 175 trillions are said per medical sciences; your own body tells you how you are built in by the nature that is the beginning of your very living on earth; if so, why you cannot have disconnected pieces of you is a great reality; it is like again a ‘rubick cube like formation is very knowledge parameters of paradigm, that was seen if you try to use a ‘rubick cube’ , in most times you will fail to set the very ‘cube’ itself indicates , ‘though you might have known yet the probability of forgetting is very high ‘ is another principle is being told. That is itself great education paradigm , what you learn today cannot never live with you ever in a everlasting focus, as mental ‘amnesia’ progresses very fast, faster and fastest paradigm is being told to you time and again by your very construction of your own brain parameters, so it is something like the ‘infinity’ principle , like in a circle, you can never find the ‘begging or end, so you chose to agree that in a circle you say every point is ‘beginning’ or ‘end’, as you cannot easily find out the beginning or end point of the circle that way ‘very mathematical construct is. So too the Education circle construct is.

    Therefore, you need to believe in continuous education is a must; that doesn’t mean, what you learnt earlier you have mastered is again and again revealed to you. That way you fall back on ‘re-search’ to locate what was there in a dot (a significant thought paradigm);

    It again reveals, in spotless knowledge base paradigm basis indicates in a very regularly patern, very often tells you; but we do not like to accept that fact;

    In ‘Gita’ you find, ‘ Energy ‘ cycles called ‘Sun’ is always goes on moving in the same centre cycling continuously in the form of ‘gas’ particles at the light speed, as it is said, when we tried to understand the speed of light of – God particle – at CERN Haldron centre to know the 12th particle called ‘Boson’ particle in 2012 sometime in december, it was finally revealed by 8000 and odd top physicists that the highest speed is only the light speed’;

    So, our learning abilities can never exceed a certain speed what you brain is designed for by the law of Nature paradigm; obviously there is some Limitation paradigm surfaces; that is called Knowledge , that knowledge goes on increasing in ‘geometric principles’ of and on; of course, your own ‘limitation’ paradigm of comprehension prescribes limitation on your own brain ability; of course, none ever reaches one’s own ‘brain’s ability, a mysterious fact; that way , we tend to believe on ‘Mystery’ as such;

    Again, No one is equal to the other person or a thing, that way the ‘unique’ principle found its way;

    Again you see, all universes are gaseous substances only but each gas universe is unique in its own construction; that way you can find yourself when you travel to another planet in your own universe you need to put yourself in an artificial cover to keep your life in tact in the new region of a new planet; why you cannot easily live in an another continent in your own continent; that way surfaced the ICU paradigm;

    A normal person cannot sustain long in an ICU unless he has some protective cover on himself, is an obvious fact;

    We again say, one shall not be put as a serious patient in an ICU for longer period, if done he loses his energy to contain him; that way, ‘you cannot keep a patient’ in a say some ECMO condition as the patient progressively loses his power to stand and sustain, that the way your own very heart works; that is again ‘knowledge’ base and again it is an education paradigm; that is revealed to man by his own research on how long he can sustain in an artificial ( in some natural surroundings);

    Knowledge is very very vast to the power of ‘n’; education is equally so; you can never see the end but you can just enter but cannot be sure you can come out if that paradigm; that is itself very ‘Education’; likewise every thing this universe contains, so any areas which areas are in ‘add infinitum’;

    No life time is enough to appreciate this mystery. !(part 1)
    =========

    To be continued

    I have to say hon CJI is indeed obviously right; unless one is taught how to in any area of knowledge, none can pick up threads of the need of the new location of living is the very principle of Gurukulam is.

  3. Any one diffident as a lawyer would be like a modern young lawyers, as the new generation believes in competition, very idea of competition is the loathsome word in the world of humanity, we need to live and let live that is Humanity .

  4. kiran waljee says:

    Mr Chidambaram is a man of wisdom and wit. He has a manner that is serious and solemn. He is well versed and erudite. To top it all he is brilliantly articulate.Even in public platform, he is pleasant and polite. In parliament, he is politely persistent. The like of him in public life or legal profession is rare. He is a legal luminary and an astute parliamentarian. The encomium by the Chief Justice is well deserved. If 10% of his qualities are emulated the Court will be a better place to learn the art of legal representation.

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