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Chief Justice Upadhyaya Bids Farewell to , Reflects on Bending Law for Justice
In an emotional and introspective farewell address, Chief Justice Devendra Kumar Upadhyaya bid goodbye to the
on Tuesday, following his elevation to the
. Speaking at a
organized in his honour, the outgoing Chief Justice shared his
, describing his efforts to
"
"
when statutory provisions fell short of delivering a
. His remarks, marked by humility and gratitude, offered a rare glimpse into the mindset of a judge who sees the bench as a place of shared responsibility and compassion.
A Farewell to the : Upadhyaya's Journey
The function, attended by all judges of the , along with Central and counsels and members of the Bar, was a fitting tribute to a career that spanned decades. Justice Upadhyaya began his legal practice in Lucknow under the guidance of his father and other senior members of the . He later served as Chief Standing Counsel for the at the before being elevated as a permanent judge of that court in . After a tenure as Chief Justice of the starting , he was transferred to the in . The recommended his elevation to the apex court on , and the notified the appointment the day before his farewell.
Reflecting on this journey, Justice Upadhyaya noted that he could never have imagined such a day when he first navigated the crowded courts and tribunals of Lucknow and Allahabad.
"The legal profession was crowded even then, and at the beginning of my career, it appeared as hopeless as it might appear to a young lawyer today,"
he said, offering encouragement to those just entering the field.
"Softly Bending the Law": A
The core of Justice Upadhyaya's address was his candid admission of the tensions between law and justice.
"Like other judges, I came across unforeseen situations when law was not able to ensure a
in the case, and it appeared isolated from justice. In such situations, I tried to
for the deserving litigant, and to be able to do so has been a blessing for me,"
he said. This statement resonated deeply with the audience, encapsulating a pragmatic and humane approach to adjudication.
He acknowledged, however, that he could not himself determine whether he had succeeded in
.
"I cannot tell whether or not I have succeeded in
. In fact, I should not even try because it would be an act of
,"
he remarked, demonstrating a self-awareness that is rare in public discourse.
Justice Upadhyaya also weighed in on the debate over what makes a
, referencing former US Supreme Court Justice Potter Stewart's observation that a good judicial decision should not reveal the personal identity or ideological leanings of the judge who authored it.
"My endeavour has been to be a
, may not be a great judge,"
he said, setting a modest yet aspirational standard for the judiciary.
The Chief Justice as First Among Equals
Stressing the
of the judiciary, Justice Upadhyaya emphasized that he viewed the role of Chief Justice as merely "
." He said he endeavoured to practise that principle throughout his tenure. Acting Chief Justice Nitin Wasudeo Sambre, who spoke at the function, confirmed this sentiment, noting that beyond the courtroom, Justice Upadhyaya was a person of warmth whose guidance in administrative matters was invaluable.
"From 3:30 onwards, when hon'ble Chief will be elevated as a judge of the Supreme Court, we bid him farewell with deep sense of gratitude. His elevation is a matter for pride for all of us,"
Justice Sambre said.
Reflections on the and the 'Indian Thali'
The outgoing Chief Justice took time to praise the
, which he described as "stellar and intellectually rich." He noted that its development disproved early apprehensions that the city lacked a sufficiently developed legal profession when the Supreme Court was established in 1950.
"This bar has also given back to the city in ample measure by constitutionally agitating the issues affecting its citizens, ecology, history, diversity, and
,"
he said.
In a colourful analogy, Justice Upadhyaya compared India to a
thali
comprising different dishes served together, and described the
in similar terms.
"I find
an Indian Thali,"
he said, celebrating the diversity and assimilation that the court embodies.
Gratitude and Humility: The Shared Effort of Success
Throughout his address, Justice Upadhyaya repeatedly acknowledged the support of others.
"It would be selfish for me to claim my success as my own,"
he said, emphasizing that individuals depend on parents, friends, seniors, professional acquaintances, and even strangers.
"We walk on the shoulders of others, and when we achieve something, we must have humility to accept that our success is the outcome of shared effort."
He thanked the Bench, Bar, registry officials, and staff for making him feel at home, and extended special gratitude to his family, particularly his parents and wife, whose sacrifices enabled him to perform to the best of his ability. As he prepared to leave, he said the farewell was less a goodbye and more an opportunity to thank those who had been part of his journey.
"I have incurred a debt to all of you, the members of bench and the bar alike, and to my personal staff, which I will never be able to repay,"
he said. He also sought forgiveness from anyone he might have hurt through his words or deeds.
Looking Ahead to the Supreme Court
Justice Upadhyaya noted that the lessons learned during his tenure at the
would remain with him as he moved to the Supreme Court. He said the
"sheer complexity and gravity of causes"
that the
deals with are unparalleled, and the experience would help him understand "national causes" that come before the apex court.
Ending on a lighter note, he recalled Oscar Wilde's observation about farewells:
"Some cause happiness wherever they go; others whenever they go."
He added,
"I do not know in which category I will be placed from tomorrow, but some answers will lie in the posterity."
Conclusion
Chief Justice Devendra Kumar Upadhyaya's farewell to the was more than a ceremonial event; it was a profound reflection on the nature of judging and the pursuit of justice. His philosophy of bending law towards justice, his emphasis on humility and shared effort, and his vision of the Chief Justice as first among equals offer valuable lessons for the legal community. As he takes his seat on the Supreme Court, the legal fraternity will watch with keen interest to see how his judicial approach shapes the highest court's jurisprudence. The farewell reference, marked by warmth and respect, underscored the deep impact he has had on the and the broader judiciary.
