I was writing on legal reforms as I am concerned with the standards in the profession, the delay in rendering justice and especially the dignity of the legal profession. Given the limitations, Indian Judiciary has discharged its constitutional responsibilities well. The issue of delay in rendering justice and the corruption is a bigger issue to deal with. Indian Judiciary had the opportunity of setting the system right by delivering many landmark judgments like holding that the constitution is supreme in “breach of privileges case”, holding that the basic structure of the constitution can not be changed, the concept of public interest litigation’s and many other issues. Due to many reasons, our political system was not effective, though, we, Indians had the opportunity of seeing exceptional leaders. Judiciary has been the last hope of the citizenry for the protection of their legal and fundamental rights. The concept of fundamental rights was expanded through many judgments of the Supreme Court. While few take the advantage of the “judicial activism”, there are few who criticize the “judicial activism” and especially the practice of entertaining public interest litigation’s and expanding the scope of fundamental rights.
Everyone feels that Indian Judiciary is not doing well and is not reachable to the common man and not effective in providing effective redressel to the corporates too. Thus, the functioning of the Judiciary affects everyone in this society.
I have heard from my fellow legal professionals in the profession and my lecturers when I was doing my law that there are valid reasons for the delay in rendering justice. The main cause shown for the delay in rendering justice is that there is no comparison between the courts and the litigation and we need many courts and judicial officers to clear the pendency and to provide speedy justice. Many thus feel that the Judiciary is overburdened.
I do agree that the judiciary is overburdened to some extent, but, I have seen the judges or the courts that are very slow in discharge of their responsibilities and not effective in dealing with the brief before them. I don’t think that I am committing an act of contempt by criticizing the judiciary as I am entitled to seek for the better society as a citizen of this great country. Unfortunately, the powers of contempt are being shown and used on the critics of the system or the Judiciary than in dealing with the people who really disobey the orders of the Court.
The issue of legal reforms can not be confined to the legal professionals who are not privileged and to the people who are suffering due to the delay in rendering justice for years. The issue of legal reforms and providing an “effective reddressel mechanism” has a direct link to the overall development of the country. Unless the rights of the citizens are protected effectively and speedily, India and Indians can never claim that they are developed. Again, we are supposed to provide quality legal professionals and the effective reddressel mechanism to the corporates as India is one among the fast growing economies in the world. Due to our policy change and other reasons, we have seen good increase in GDP growth and cross boarder corporate deals and trade. The industry requires quality legal professionals to assist them and today it is no more sufficient for a law graduate to be thorough with our constitution and other local laws, but, he has to study and be familiar with the laws of various countries and has to go through the bilateral and multilateral agreements too at times. Though, the subject of international law is studied by the law students as part of their curriculum, no real focus is made in the law colleges on international law and the situation in the prestigious law schools like National Law Schools may be different for sure.
I am not in a position to understand as to where our legal system in India goes. The standards in the legal profession and the judiciary are getting degraded day-by-day. If the proceedings of a lower court and also the constitutional court are video graphed and shown to the entire nation, then, the entire nation which comprises many citizens who could not have seen the courts, will laugh at our system. Look at the manner in which few judges conduct the proceedings as if he is the lord and above law, look at the manner in which the legal professionals are dressed while they are in court and look at the legal professionals who wear the traditional dress moving very freely outside. I have seen some legal professionals who come to television studios wearing traditional dress which they used to wear in court and give interviews. I don’t know as to whether it is right or not, but, I am not satisfied with the manner in which few of my fellow professionals are behaving in India and in various parts of the country.
My fellow professionals in the system used to say that the executive is not providing the required funds for establishing new courts and ultimately the executive has to take the lead in correcting the system. Now, it appears to me that the situation has completely changed.
The Central Government is now concentrating on reforming our system. We have seen the moves like mooting establishment of gram nayalays and now we are looking at the manner in which the legal education is sought to be reformed by our Central Government. I am very happy to listen to the remarks being made by our Prime Minister Dr. Manmohan Singh in the recent past. I have read his statement where he has rightly emphasized the role of Bar Associations again and again. I am also very much impressed at his observation on the role of the Senior Advocates of the Bar and as to how the professionals take part in academic activities in developed countries. I have read the statement of the Government that they are planning to establish a good law school in every state in the Country. I have also heard the statement of Dr. Kapil Sibal in bringing the legal education under the regulation of the proposed council which move is being opposed by the Bar Council of India as I perceive.
We were of the opinion earlier that the executive and the overall underdevelopment is the cause for the under performance of the Judiciary or the legal system in India. Now, there is overall development in the country and executive is extending all the needed support to correct the legal system to the extent possible. If our Bar Associations and the Bar Councils and the senior and renowned Advocates of the Supreme Court approaches Central Government and concerned ministries for the steps required for legal reforms, then, the Government will definitely extend its arm as I perceive. This is the right atmosphere for the beginning of legal reforms in India and I hope that something happens and legal system gets reformed in the course. I never believe that our legal system can be corrected over night and I believe that it will take few years, but, there should be a beginning and we yet to see the firm beginning towards that.
Thus I conclude that:
“THE BIGGEST OBSTACLE FOR THE LEGAL REFORMS IN INDIA IS NOT THE EXECUTIVE, POLITICAL SYSTEM AND POLITICAL WILL; IT IS WITHIN”
Note: the views expressed are my personal and I have no intention to insult the system at all.
Author:
V.DURGA RAO, Advocate, Madras High Court.
Email: vdrao_attorney@yahoo.co.in
Dear respected brother, Nothing could be happened here because of tendency of our ruler, we the people like thinking with soul can argue only in our chambers or with the people like us.