It is very sad to highlight the stagnated practice system existing in various courts in the Country including Constitutional Courts as I believe. I just want to share my experience in this regard for the betterment of the judicial system in India, dignity of the lawyers and the for the benefit of the society at large.India is regarded as one of the fastest growing economies in the word and even the president of United States of America, Barrack Obama, frequently refers about the growth of nations like China and India. Many legal professionals have served this country starting from Mahatma Gandhi and the lawyers are better placed to serve the society or the country in view of their understanding of the system and enormous knowledge which they gain by nature of their job. A lawyer who is representing a consumer complaint based on medical negligence will do all the research and makes submissions even on medical jurisprudence and on medical aspects. Even the medical practitioners, at times, may not be able to stand to the scrutiny of the lawyers. A lawyer is a person who is blessed with extraordinary qualities by nature of his job and the legal professionals are respected so much in the developed nations like USA. Even in India, the judiciary and the legal profession has enjoyed so much respect in the society and the dignity of the profession to a great extent has gone now and it is important to reclaim the lost dignity of the legal profession. One thing should be remembered that lawyers may not be losers or the ones who struggle if our legal system fails to deliver the results. The society will suffer and as such it is the collective responsibility of the executive, legislature and judiciary to ensure efficient and reliable legal system in India. Executive is criticized for the failure of the legal system in India as the state act as a prosecutor and litigant in many cases and especially when it comes to enforcement of fundamental rights of the citizens as guaranteed under Part-III of the constitution of India. Getting the executive corrected is a difficult process and takes time and it is a larger issue. But, the judicial system can very well be corrected by the legislature and the judiciary itself.
There is so much public criticism on the legal system or the functioning of the judiciary in India. I used hear the public who criticise lawyers or the legal fraternity. Legal profession is a noble profession and a true lawyer should be respected by the society. The standards in the legal profession are getting degraded day-by-day and I know people who have completed law and come to court for practice, but, can not write even an adjournment petition. I am not insulting my brothern or my own fraternity, but, telling the fact and the fact is a fact always. Now, corrective steps are being taken to ensure standards in the legal profession and if the effort is continued, then, we can see some improvement in the legal system.
I want to share my experience as to how the legal system or the mechanism of the court is stagnated and as to the importance of reforms in this regard. In the recent past, I have filed a transfer petition in the City Civil Court and I have presented the petition in the format which I have presented in a few days back and which got numbered by the section. But, surprisingly, when I present the transfer petition, the section attached to the court, tries to reject the transfer petition alleging that it is not in the format. I know the system, but, I could not tolerate as to what is going on with the system and then I had fought with the section attached to the court and shown the format of the transfer petition which they have numbered. Finally, I could get the transfer petition numbered. But, see, as to how an advocate, who is supposed to concentrate on his profession and research, had to waste his time in court on clerk things. Again, in the recent past, I have presented a petition for succession in the court and the concerned scrutiny officer has returned my papers alleging some defects and then, I have corrected the defects and presented. But, each time when I present the case paper, he will come-up with some new defect while he is supposed point-out all the defects in the petition if any at once. System is not new to me and I know as to how to handle the system, but, it is not the question of my personal interest, but, it is the stake of entire legal fraternity. I see many advocates or even the senior advocates sitting with the clerks or the scrutiny officers of the court and being very patient at their attitude for getting their work done. The manual filing aspect and the existing system is to be certainly corrected as otherwise; no talented law graduate will enter into legal profession to be on his own and to serve the public at large. Like doctor and other professionals, this society needs able lawyers and for this the environment to be conducive. Even now, many talented law graduates are not preferring to be litigant lawyers or the enter into core profession as corporates or the law firms pay them well and there is so much problem in the system. I will tell you one example. A law student of a prestigious university like NALSAR or the National Law School, will discuss many things in his law college about the constitutional provisions, the constitutions of various courts, the tax system, the tax system in other countries, the bilateral treaties, the multilateral treaties, the trade and many other issues with sheer interest and does lot of his research on many interesting issues. But, when he enters into practice or wants be an independent lawyer on his own, then, he will be vexed with the system and leave the profession. I know many of those people and; is it not the responsibility of everyone who is connected with the system to think as to why legal system is not able to attract best talent? The situation of a lawyer with the existing stagnated court practice is really pathetic and a brilliant gold medalist in a prestigious law school is seen literally as lay man by a clerk in the court. Really unfortunate and a shame to the legal fraternity. A lawyer has to do his job by drafting the brief, presenting the case, finding the correct law and his main job should be to advocate the case of his client before the Court. But, when he enters into the system, then, he will loose all the interest in the profession and will concentrate as to how to best utilize his talent and time. Already, with the economic growth and the opportunities with the corporates, many are not interested to enter to core legal practice. If this practice continues, then, the right to legal aid which is the part of right to life guaranteed under Article 21 of Constitution of India will really be meaningless. We have so many associations, so many senior lawyers, so many judges, so many jurists and many others and I don’t know as to how no one is interested or lacks time to focus on the system.
I really feel proud to have been observed the former Chief Justice of Madras High Court Sri A.P.Shah who has shown so much interest in correcting the system and I believe that he has introduced or tried to introduce the e-filing system in Delhi High Court and when I do web research, I did find that the judiciary has mooted the e-filing in Courts though it is not expanded or taken further. I am not personally affected with the system at all as I can move with the system, adjust with the system and can get my work done. But, the stagnated system is not good for the dignity of legal profession, the image of judiciary and the dignity of a legal professional. Every legal professional should feel very proud to be part of legal system and public should voluntarily give respect to the judiciary and should repose the faith in the legal system and should respect the lawyers. I personally believe that it is the responsibility of every person who is connected with the legal system, to work for the betterment of the system and to ensure the good image of the judiciary and legal system intact. It is not right to defend the system and to cover the problems at any cost and by defending; we may not be achieving anything. It is also not correct to show the problems with the executive, but, it is important to find the solution and dignity of the legal profession is to be restored.
So many reforms can be brought in a simple and time-bound manner. For example, based on the category of cases, the format of cases to be filed and guidance note can be put in the official website of the concerned High Court and so that a lawyer is provided with all the needed information with regard to filing. It can be done by very simple effort and not a big exercise and it will reduce the rate of corruption in the system too. Judicial system in India should emerge as a ideal to other constitutional organs as the highest power of judicial review of even constitutional provisions is conferred on the Courts in India. I don’t know as to where to start and as to what all our legal professionals, established practitioners, senior advocates and associations are doing for the betterment of the system. If the system in court is not correct or ideal, then, an association of legal professionals can moot for the right change and when it is mooted, then, certainly, there will be a change. In my opinion, this is what even our Prime Minister Sri Manmohan Singh has opined in the recent past by highlighting the responsibility of Bar Associations in bringing judicial reforms.
I hope that the legacy of legal profession be continued and the public start giving the required respect to the judicial or legal system and the legal professionals in this country. India can never be developed if we don’t change our system and judiciary is also a part of the system.
Note: I have no intention to insult any one or institution, or to make derogatory remarks, but, I am also concerned with the required reforms and the dignity of the legal profession and the legal professional.
Author:
V.DURGA RAO, Advocate, Madras High Court.
Email: vdrao_attorney@yahoo.co.in
Mr. Rao,
You are very right about highlighting the inappropriate judicial system existing even after 63 years of independence. Despite much water flown on the subject, nothing has been come out in concrete way on which we people bank upon.If we want to save the Honour,dignity and morality of the judiciary, some more boosting efforts are required to be done in this context especially for judicial reform.Its a nice attempt which CJMHC has made in this direction.Contrary to this, let the higher jusdiciary be active under judicial activism and filter corruption from top to bottom.
you are right Mr. A.P. Agrawal but don’t you think awareness and ability to fight the system collectively could bring some change.
Or are we just to be complasant, accepting what is very visible and do nothing. We as a citizen have to take initiative for the change we want.
Good article. The words are spoken from the heart. The facts mentioned in the article are faced by every advocate in their day-to-day life at almost all the courts (including High Court!). But, who will bell the cat?
Well said Mr.V.Durga Rao, Advocate. I have read many of your articles stressing on this particular issue & completely agree with you.
The pros & cons in Legal professsion is well addressed by you & yes there is a need to revamp our system & judiciary or else the upcoming lawyers too would be affected with the system and ultimately will lead to adjust with the current system.As said by Prime Minister, I hope the day is sooner that Bar Associations upgrade & revamp the judicial reforms.
The pulls in favour of the status quo are are heavier though invisible than the pressures for change. Ultimately all the ills and evils of the legal system serve some and those some are always in power. In the pyramid of corruption what is the top that holds all together. The institution of democracy has given us corruption since the majority and consequently the power can be manipulated. Can a change be expected from a system the top of which is rotten in corruption.