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Indian Judiciary - where are we?

Member (Account Deleted) Guest
25 November 2009  
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     I have written few articles earlier highlighting the significance of reforms in Indian Judiciary and where we stand. I want to again re-emphasize the importance of bringing proper reforms in judiciary and impact of proceeding with the present working status of our Judiciary. Everyone shows the rate of pendency of cases before various courts in India and everyone very frequently refers that "Justice delayed is nothing but justice denied". Even our constitutional court emphasizes the importance of reducing the pending cases before various courts. We have been mooting for the constitution of "Gram Nyayalays" now aiming at speedier relief to the general public when approach the court and also reducing the pendency. Looking at the statistics and if we think logically, if this "scheme of gram nayalays" are implemented as planned, we can be able to reduce the pendency, but, it may not be a permanent solution to the problem. The establishment of "Gram Nyayalays" may heal the wound to some extent, but, we are leaving the large extent of wound without any medicine and it certainly kills at one stage. We have seen great jurists, great judges and great advocates in the past and also at present. But, the involvement of legal professionals and senior advocates in reforming the system and also the society is gradually decreasing and its a dangerous trend. We have seen excellent jurists like Sri Palkiwala and Sri Seervai though we may differ with those people on certain issues. No one can ignore the basic structure theory and its impact. No one can ignore the intelligence of Sri Seervai and his commitment in writing the magnum opus, his simplicity, his determination and his involvement in profession and his activity when was in Bar. We have seen many such people in the past and their commitment. Indian Judiciary has done so much to the society. Everybody knows that the logic behind the doctrine of separation of powers is to maintain the required balance, so that, there will not be any arbitrariness in the course. But, the legislature and the executive dominate everywhere and the Judiciary remains as a tiger only on paper. Its surprising to note the recent events in Pakistan where Judiciary and the legal professionals have played a commendable role in preventing a danger to the societal structure. India is a biggest democratic country, and in democracy, the judiciary and press should have a major role and should be powerful. I don't think that our Judiciary and also the press is doing to the extent required. As I feel, our judiciary can only claim certain things like preventing the legislature in dominating other powers by passing a landmark judgment in breach of privileges case, expanding the scope of Part-III of Constitution, public interest litigations etc. When it comes to the role of press; yes, we have good and unbiased press or media even at present, but, what about the news papers, news channels that are closely associated with political parties playing a major role in feeding the information to the society.  All this, clearly shows that our judiciary is going backward and India can never say that it is being developed barring the growth in imports and exports, GDP, and outsourcing industry. It is for sure that only proper functioning of press and judiciary reflects the true development of any society or the state. Looking from that angle, I will not hesitate to say that India is still a backward nation needing many reforms and needing so much time to bring the system to a good track. But, I am an optimist and everything is possible as Barrack Obama making history becoming the president of United States of America.

     We have planned a good organizational set-up and we have a basic plan or document like Constitution of India. Each article and provision will be having a sound logic as everybody admits. What happens if there is no court? Then, there will not be any rule of law and it reflects our stonage. Now, what happens is that, in the absence of proper or reliable judiciary, the people will resort to other means or illegal means to settle their scores or getting their work done. As the people in the society believe that they will not get the justice through proper channel or established channel, they may resort to illegality at any cost and it spoils the entire society. Same is the case with press. Press is supposed to be unbiased and it is so powerful throughout the world. Press people are respected everywhere. Press is the good medium to keep a close watch on the system and focusing on the illegal things so those publics are fed with the right information and the needed reforms.

     But, unfortunately, we have gone so deep in into the problem and now we need so much time to turn the clock back. I have seen the few courts and how the proceedings are conducted in courts and professionals assist the court in the course. People will laugh at our Judiciary at times looking at the standards and we are admitted failed to preserve our glory and dignity. I have seen many legal professionals who can not even draft an adjournment application even after 10 years of practice. How come these people come out of Law College? How come we prevent this disqualified people to come into the profession after getting their degree? How come we expect the courts to deliver results speedily without the assistance of truly qualified professionals? How come we expect the judges to be highly competent where the word "competence in profession is under scrutiny". These are threatening issues and we need to address this on urgent basis.

    There are few people and professionals who say that there is no work in profession and money making is bit difficult. I disagree with this. There is lot of work which truly qualified professionals can do and our requirement is more and more. It is very difficult to find a truly reliable and qualified professional instantly and without much enquiry in metropolitan cities like Chennai and then what about the situation in other parts of the country and backward areas? Legal profession's glory and dignity is under danger and it is the collective responsibility of all the legal practitioners, privileged lawyers and senior advocates to moot for the reforms and think towards restoring the lost dignity.

     There are few lawyers and senior advocates who strive for change and work for restoring the lost dignity. Senior Advocates like Sri Sriram Panchu and Prashant Bhushan of Supreme Court are doing great things for change in the legal profession. I know that there may be many advocates and senior advocates are striving for the needed reforms intangibly.

     Legal professionals can do many things and with their proper involvement and work, Indian can definitely flourish. A legal professional is a social engineer having expertise on many issues at times. A legal professional can talk about software industry, factory procedures, business issues, accounts, medicine, politics and international scenario etc., the profession's very nature and its proved when look at our great Gandhi, Ambedkar, Nani Palkiwala, Chidamabaram, Arun Jaitly, Kapil Cibal, Bill Clinton and Barrack Obama etc.,

     So, it is the time to correct our legal profession and prove its dignity. Very highly dignified profession is under serious threat and its not good for society. I am not talking about the struggles of few professionals, but, I am talking about people and this society. I don't know where we are marching and what happens in future, but, be optimistic that better things will certain happen.  We need to concentrate alot on Research and Development and we need to make truly qualified graduates and professionals. We need to look at our educational sector and need to find out the mistakes in the system. Because, ultimately, "knowledge is power" and "strength only respects strength" as our great Kalam says.


     I have just expressed my feelings and my assessment may be wrong and I request the readers to come with good ideas and also work for the change.

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