The
establishment of an educational institution is always an auspicious
occasion. I am glad that I was invited to participate in this foundation-stone
laying ceremony. At this forum, it would be most appropriate for me to
share some thoughts on the state of legal education in our country and
the direction it should take. All of you are well aware that the
legal profession itself is undergoing massive changes. The young law graduates
now have a range of opportunities to choose from. While joining the chamber of
a senior practitioner is the most commonly adopted route,
opportunities have also emerged100
in commercial practice as well as research and voluntary sector work.
With increasing opportunities to study and work in foreign120 countries, qualified lawyers can also
look forward to careers in international institutions and multinational
corporations. However, it is also true140 that these diverse and often lucrative
opportunities are only available to graduates from a few top institutions. Most
of our160 law colleges and
departments are perennially cash-strapped and struggle to retain
qualified and motivated law-teachers. Some colleges also function in a very politicized
environment, where serious academic pursuits often take a backseat. However,
all of these problems can be effectively200
solved with some initiatives and a sense of commitment. In this regard,
we must recognise the role of our law schools in not only preparing individuals
for the bar and judiciary, but also as the breeding grounds for
democratic values240 and meaningful
social engagement. Most of the leading lights of our freedom movement
were from a legal background and in today’s times there is a compelling need
for lawyers to play a transformational role in our society.
Traditionally, legal education280
has stressed on the development of skills needed to conduct meticulous
research, speak effectively and respond to arguments. While these300 are essential traits of a good lawyer, there
is also a need to imbibe values such as tolerance and empathy.320 Building a successful legal practice
also requires effective interaction with clients. Very often, advocates tend to
impose solutions on clients rather than listening to them and suggesting the
best course of action. In some instances, clients are encouraged to engage360 in unnecessary litigation without
exploring alternatives such as mediation and negotiated settlements. Even in
the courtroom, both lawyers and judges often get entangled in
excessive argumentation and technicalities, while losing sight of the
real interests of the litigants. We are400
all encouraged to think like a lawyer and win arguments rather than coming up
with mutually beneficial solutions. In many420 ways, this predisposition
towards a combative style of functioning also goes back to the structure of our
education system. In our present system, young law students are always
competing against each other to do well in academics and eventually secure good
job opportunities. However, this spirit of competition should also be channelled
in creative and innovative ways which give them480
better preparation for their careers. Our law schools must be conceived of as
spaces that encourage rational and critical inquiry500 into socio-economic realities.
Meaningful practical experience through participation in legal literacy
programmes, involvement with NGOs and regular visits to institutions such
as courts, police stations and prisons among others will give students a chance
to observe the ‘law-in-action’ as opposed to the ‘law-in-the-books’. Law
students can actually play a vital role in spreading legal awareness among the disadvantaged
sections. For560 many
communities of the urban poor and those in remote villages, there is little
awareness of even the most basic rights given under our family laws, property
laws and criminal laws. By disseminating what they learn through legal services
programmes,600 law students
can actually be the agents of real social change. Furthermore, the interactions
between students from well-to-do backgrounds and the disadvantaged
sections can be an effective method to bridge social divisions based on caste,
class, religion and gender among640
others. Legal Education is not just a means for personal advancement. It can
also act as a stimulus for deepening democratic values such as tolerance of
diversity and the willingness to resolve disagreements through constructive and
informed dialogue. I am confident that if we are able to promote a meaningful
understanding of our constitutional values, it can be the basis700 of a more equitable and caring society in
the years to come. Building a law-abiding society is of course a720 very gradual and ambitious process, but
we should not give the generations to come a chance to fault us for not having
tried.
I
have been asked to say a few words on the desirability
of speedy justice. There is no doubt that this is an important
part of judicial administration. In many cases, the undue delay in
disposal is a consequence of hurdles placed in the procedural steps involved in
litigation. In the course of a legal proceeding, there800 is a likelihood of delay at various stages
from the service of notice upon the parties, the framing of issues, submission
of pleadings, examination of witnesses, production of documents and the
counsels’ arguments. If a party anticipates an adverse result,840 there is a tendency on part of litigants
or practitioners to place obstacles in these proceedings. The logical
response to this endemic problem is that judges need to be more
proactive in managing the flow of proceedings before them. Attempts to delay
the proceedings should be treated firmly but it must also be kept in
mind that the desire to900
improve procedural efficiency should not compromise the quality of justice
being delivered. As inheritors of the common-law tradition, we are bound
to follow the principles of natural justice. As per the principles of natural
justice, no man should be a judge in his own cause, no person should be
condemned unheard, and every order should be a reasoned order. 960
Even
though the judges are the main actors in the justice-delivery system,
their efficiency is closely related to the behaviour980 of advocates, litigants,
investigating agencies and witnesses among others. While public scrutiny
is rightly being directed towards the performance and accountability1000 of judges, there is also a need
to examine the responsibilities of all the other participants in the
judicial system. In particular, there is an urgent need to tackle the
institution of frivolous claims and the giving of false evidence. Judges can
perform their fact-finding and adjudicatory roles in a
satisfactory manner only if they receive the co-operation of all the stakeholders.
In this sense, the judicial function is as much a collective enterprise
as the other wings of Government.1080
A meaningful shift will only occur if attitudes change among the bar.
Ultimately, it is the responsibility of legal practitioners to advise
their clients on the suitability of resorting to litigation. For
resolving many categories of disputes, adversarial courtroom1120 litigation is not appropriate
since disputes can be amicably resolved at the pre-trial stage.
With the objective of promoting awareness about these methods, full-time
Mediation Centres have been established in the various High Courts as well
as some of the District Courts. Their function is to not only
provide mediation services but also to impart training about the same. I
must also comment on the importance of legal aid programmes, especially
those which seek to impart legal literacy in remote and1200 backward areas. We must acknowledge
that access to legal education is still confined to a privileged few and that
the existing pool of judges and lawyers is not adequate to bring about the
changes that we desire. In recognition of this fact, a committee headed by a
sitting Supreme Court judge has been recently appointed to oversee the training1260 of motivated young individuals as
paralegals, who can then expand the reach of the legal aid programmes. We are
also1280 in the process
of designing a project dedicated to the improvement of access to justice in the
North-Eastern region of the country. I hope that improved
awareness and access to legal remedies will help in mitigating the socio-political
conflicts in troubled areas. Efforts are also being made to incorporate Information
Technology based solutions in order to strengthen the judicial
system. Under the E-Courts project, most judicial officers in the
country have been provided with computers, printers and access to
legal databases. Steps are also being taken to digitize precedents as
well as the permanent records of courts at all levels. At present,
the daily cause-lists, orders, and judgments of the Supreme Court and
the respective High Courts are freely available1400
online through the Judgment Information System. In the coming years, the
objective is to ensure that materials pertaining to all subordinate courts
as well as tribunals will also be made freely available through
this system. Another important element of judicial1440 reforms are the training programmes,
which are held at the National Judicial Academy Bhopal and the various State
Judicial Academies. These programmes are periodically held for the
benefit of sitting judges from all levels. They are designed to raise awareness
about the latest legal developments and to strengthen skills for
court-management, research and writing. Special efforts are made to sensitize
judges to the complex interactions between the law and social realities. These
programmes also serve as a common forum for judges serving in different parts
of the country to interact and learn from each other’s experiences. Like
any public institution, the quality of justice-delivery also depends on the
trust and confidence of the larger public. We rely on an active bar, a free
press and a vigilant citizenry to point out our mistakes so that we can
improve our functioning. I sincerely hope that the dialogue between the
judiciary and the various stakeholders in our society continues
to take place1600 in a cordial
and constructive manner.
