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The Chairman of Drafting Committee of Constitution Dr.Ambedkar had said–“As to the accusation that the Draft Constitution has reproduced a good part of the provisions of the Government of India Act, 1935, I make no apologies. There is nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a Constitution….”

Our Constitution is unique and best in the world though it had picked up many best features from different Constitutions across the world. It is often criticised that it is a sack of borrowing or just an edit, copy and paste work. Our forefathers of Constitution have been brilliant enough to customize many principles to suit the needs of our Country in terms of Historical perspective, Geographical diversity, Cultural and traditional characteristics. It is still a breathing document and has always been Dynamic having undergone more than 100 Amendments to suit the changing needs of our society.

Time has come to understand that there is a desperate need to undertake a thorough Study to probe the "Reasons for pendency of cases in various Courts across the country" that is detrimental to the Principles of our Democracy and the Justice Administration System in our country.  Researchers in Law may well synthesize many new concepts to address this perennial problem. However my daily reading of our Indian Constitution which is a Mother of all our Laws helps to analyse the adequacy of every Article which has already proved it's immense dynamism to the changes of new society when it underwent more than 100 surgeries to make it more robust on its basic structure and philosophy. We have in fact borrowed many vital concepts from the Constitution of other countries which made it robust.

Brief List of Borrowed Features of Our Indian Constitution from various countries:

 

Name of Countries

Borrowed Features of the Constitution

         Britain

 1. Parliamentary government   2. Rule of Law

 3. Legislative procedure           4. Single citizenship

 5. Cabinet system                     6. Prerogative writs

 7. Parliamentary privileges      8. Bicameralism

         Ireland

 1. Directive Principles of State Policy

 2. Method of Election of the president

 3. Members nomination to the Rajya Sabha by the President

   Unites States of America

 1. Impeachment of the president

 2. Functions of the President and Vice-president

 3. Removal of Supreme Court and High court judges

 4. Fundamental Rights                       5. Judicial review

 6. Independence of judiciary             7. The preamble of the constitution

  Canada

 1. Centrifugal form of federalism - Centre is powerful than the states.

 2. Residuary powers vest with the centre

 3. Centre appoints the Governors at the states

 4. Advisory jurisdiction of the supreme court

  Australia

 1. Concept of Concurrent list        2. Joint sitting of the two houses

 3. Freedom of trade and commerce

  USSR

 1. Fundamental duties 2. The ideals of Justice expressed in the Preamble.

  France 

 1. Concept of “Republic” 2. Ideals of Liberty, Equality and Fraternity

  Germany 

     Fundamental Rights are suspended during Emergency

  South Africa

 1. Election of members of the Rajya Sabha

 2. Amendment of the Constitution

  Japan

     Concept of “procedure established by Law”

OBJECTIVE: 

To find ways and means to reduce the pendency of cases in various courts across the country

PROPOSAL:

Having borrowed so many important concepts of constitution from other countries as listed above and even amended our Constitution for more than 100 occasions let us analyse the need for  our lawmakers to extensively engage in debate in Parliament about the need to enlarge the scope of our Articles 124 & 224 of our Indian Constitution and propose suitable amendments and to find ways and means to reduce the pendency of lakhs of cases across various courts in our country.

If Medical teachers and doctors who are employed in various Institutions and are even full time employees of even Private and Government organisations can engage in Private Practice, I am of view that why can’t our young and brilliant law graduates who are either unemployed or underemployed searching for livelihood can be engaged in the co-ordination of Bench and Bar to address this problem. However Rule 49 of the Bar Council of India Rules, states that an Advocate shall not be a full-time employee of any person, Government, firm, corporation or concern and on taking up such employment, shall intimate such fact to the Bar Council concerned and shall cease to practise as long as he is in such employment. It is reported that Professor Andrew Burrows of University of Oxford shall be sworn in as a Justice of the United Kingdom Supreme Court

Hence I propose that  our lawmakers extensively debate in  Parliament to enlarge the scope and powers of Articles 124 and 224 of our Constitution so that pendency of cases are put to the barest minimum to facilitate: (This is only my personal opinion while studying methods to address pendency of cases)

1. Appointment of Jurists of Distinction as Judges at various Courts and Tribunals.

2. Making suitable amendments to the provisions and Rules related to Advocates Act enabling all law graduates to enrol as members of Bar Council of India irrespective of his employment.

3. Elevation of Eminent Law Teachers who have even produced many Judges through intensive training through conducting private classes.. They may all be very proficient in Theoretical knowledge but they are also deprived practical knowledge on the basis of provisions under Advocates’ Act.

4. Identification of Judges or Presiding Officers of Tribunals having respective domain backgrounds in any field of his academic or specialisation of law, like Law Degree with CA will be effective for Income Tax Tribunals, Law Degree with Banking Experience for Debt Recovery Tribunals, Law Degree with Medical background to adjudicate Medico Legal cases, etc, Law Degree with ACS for NCLTs, etc. They can also be officially appointed as Legal Consultants to Benches.

5. To formulate specialized Divisions in the Bar for Advocates having specific experience and qualifications related to a particular field so that clients and litigants can choose or verify the expertise and experience of Advocates through the websites of State Bar Councils before they engage them.

This proposal may always sound funny or impracticable or impossible to start with but we always need to touch the first step of any ladder or mountain before we climb or fall…


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