Kerala High Court Advocates' Association Refuses Chief Justice Flag-Hoisting Request

• The Kerala High Court Advocates' Association has refused to change its Independence Day tradition of having its President hoist the national flag.
• The court administration had suggested a change in protocol citing government orders, but the KHCAA rejected this proposal.
• This development highlights the importance of maintaining internal institutional democracy within the judiciary.

In fact, Indian jurisprudence has long rejected the idea that the Bar exists in service of the Bench, instead viewing them as two wheels of the same chariot - distinct in function but equal in standing.

The Kerala High Court Advocates' Association has refused to budge on its long-standing tradition of having its President hoist the national flag on Independence Day. For over three decades, this custom has been an integral part of the association's celebrations, and it was only natural that the lawyers would want to continue it. The court administration had suggested a change in protocol, citing government orders governing the observance of August 15. However, the KHCAA's general body meeting on August 11 rejected this proposal, reaffirming its commitment to preserving the association's autonomy.

This development highlights the significance of maintaining internal institutional democracy within the judiciary. The Bar and Bench must respect each other's spheres to preserve independence, and any attempts by the court administration to dictate internal customs or protocols may be seen as undermining this symmetry. In fact, Indian jurisprudence has long rejected the idea that the Bar exists in service of the Bench, instead viewing them as two wheels of the same chariot - distinct in function but equal in standing. This structural safeguard is essential for a judiciary to remain independent and effective.

The KHCAA's decision to continue its Independence Day tradition may seem like a minor issue, but it holds deeper significance. By defending their custom, the lawyers are upholding the principle of institutional autonomy and resisting any attempts to erode their independence. This is not just about protocol; it's about preserving the delicate balance between the Bar and Bench, which is essential for the administration of justice to function effectively.

This development highlights the importance of maintaining internal institutional democracy in the judiciary, where the Bar and Bench must respect each other's spheres to preserve independence. Lawyers should be aware that any attempts by the court administration to dictate internal customs or protocols may be seen as undermining this symmetry.

Source: Original reporting via The Wire