Legal Reforms in India - the urgency?

I have been writing articles on judicial reforms in India. It is been reported recently by a news paper that it will take atleast 320 years to dispose all the pending cases. Our legal jurisprudence says that ‘right is might’, but, ‘might becomes right now’ with the prevailing situation. I don’t know as to how Indians can aspire to become a developed nation without concentrating on basic things like imparting speedy justice. We have many concepts on paper like ‘justice delayed is justice denied’ etc. Our legal system in India is so pathetic and getting justice has become a risky and costly affair. People are afraid to approach courts and they are compromising their rights even at times fearing at our legal or judicial system. Our Law Commission is submitting many reports from time to time and I don’t know as to how we are unable to find the ways to impart speedy justice to the citizens of this great nation.

I personally believe that the Central Government now is doing well to some extent in reforming our legal system in India. It is laudable to see that the Central Government is mooting establishment of ‘Gram Nyayalays’ and I have seen the paper statement that the Central Government will grant 1400 crores towards establishing ‘Gram Nyayalays’. It is also very nice to see the recent statements of Smt.Sonia Gandhi and also Dr.Manmohan Singh regarding the legal system and the needed reforms. I have no doubt at the bonafides of the statements of Smt.Sonia Gandhi and Dr.Manmohan Singh.  We may have so many problems in a federal system like ours and especially when the authority to make law with the corresponding responsibility lies both with both the Central Government and the State Governments.  Many State Governments may feel that the funding to the judiciary is burdensome and they can show so many problems for not granting sufficient funds to the Judiciary.

We have so many problems in the course, but, we need solution. Right should always become a might in a democracy and proper dispensation of justice and easy access to courts should be a fundamental right of every citizen in this country. Jurists and Senior Advocates may say so many things about ‘Right to Legal Aid’ or ‘Access to Courts’ as fundamental right and they will refer many Supreme Court Judgments and they will show Article 226 and 32 of the Constitution of India. We all know law and we have heard all the statements and speeches from Senior Advocates of the Bar and many reports of Law Commission. We don’t want these lengthy speeches and statements and we need action and we need solution to the problem. It is a problem of India and related to India’s quest to become a developed nation.

We have seen exceptional enactments and steps from the Central Government in the recent past. We have seen the ‘Right to Information Act’ and its impact now. I do personally believe that ‘Right to Information Act’ is one of the successful enactments which are implemented in its letter and spirit. We have seen a legislation recently making ‘Education’ as a right of every citizen. We are also observing a legislation aiming at providing ‘food security’ and providing a right to every citizen of food. I have personally had no doubt at the efforts being taken by the Central Government in reforming many things in India. Criticizing something sitting in a debate with New Channel is so easy, but, we should understand the limitations and reality.

Whenever we talk about Judicial Reforms in India and about speedy justice, we concentrate on corruption in Judiciary, corruption in Higher Judiciary, standards in legal profession and judicial appointments etc. Actually, as I feel, all these issues can be addressed very easily with strong political will. But, the real problem is deep rooted. If Dr.Manmohan’s administration with his able colleagues can not address something, then, we may have to loose hope at that particular thing.

The problem with the issue of legal reforms in India is that no one is interested to reform the legal system and the vested interest groups are very happy at the system as they can simply escape from law. Looking at the problems and complications, I fear that a situation may come where people will approach only goondas for the protection of their rights rather approaching Courts. The situation has already arisen.  We can not blame any one in particular and its a failure of society and people of India. Whenever we talk of facts and expose the reality, some jurists and Senior Advocates may come-out and make a huge statement that the press and the critics are exaggerating the situation. All this Senior Advocates, Advocates and Bar Associations should think as to how Bar Associations are referred by Dr.Manmohan Singh in the recent meeting conducted by AICC, but, no one is bothered. Actually, the self centered Senior Advocates are responsible for the situation to some extent. The Bar Associations are supposed to concentrate on legal system and they have access to the information and they tend to have the knowledge of all the problems inside, but, they never talk about those things. The Bar Associations are interested in conducting elections, managing the funds, having contacts, doing felicitations, giving boy-cot calls even for irrelevant thing very frequently, meeting judges and inviting judges for functions. I don’t think that the Bar Associations have the right to give boy-cot call condemning something when they can not highlight the inherent problems and ensure that the system works well.

I like my profession very well and believe in rule of law. But, as a responsible advocate and citizen, I thought, there is nothing wrong in exposing the fact for the betterment of society.

The problem with reforming our legal system is that we are still not able to find as to who is responsible to correct the legal system and who is competent to correct the system. If Central Government takes the lead, then, the State Government will raise their voice stating that their powers are being eroded in the federal system and it is opposed to the federal policy. As such, first we need to be clear as to who is better equipped and competent to reform the legal system in India. I think the Central Government should conduct a meeting of all Chief Ministers in India asking their consensus on giving complete authority to the Central Government towards reforming the legal system in India. The Central Government has done this while mooting VAT. I strongly believe that many State Governments may feel happy in giving the required authority to the Central Government and let the few states oppose. If we reach such a situation and when the Central Government takes the responsibility to correct the legal or judicial system in India, then, the issue will be as to how to correct the legal system in India and bring the required reforms.

I personally believe in present Central Government which is responsible for many landmark legislations and Dr.Manmohan Singh’s administration can moot the whole process. We have seen many reforms in other areas, but, judiciary has remained stagnated. Judiciary is to be reformed and no one should comment at the Indian legal or judicial system. If India is to claim that it is developed, then, it should reform the entire legal system. The development of any country is to be seen from the point as to how the rights of its citizens are protected in accordance with law and adherence to rule of law. In India, we have many laws and rules, but, implementation is pathetic.

India has so many achievements in the recent past like getting an international recognition as a knowledge hub, emerging economic power and other issues. Given the limitations, the Central Government is really doing well, but, I feel very happy if the Central Government is keen at reforming our legal system and if the Central Government is successful in reforming the legal system, then, it will be a greatest achievement to any government admittedly.

As such, first the Central Government should assume the responsibility of correcting the legal system with consensus from all State Governments.  Then, the Central Government should appoint a Committee of experts consisting of eminent advocates; eminent judges like Justice Krishaniyer and technology experts and the team must be devoted to the cause completely with all powers and excellent funding.  The committee is to be headed by a person with passion for the legal reforms in India and a time frame is to be given to prepare a preliminary report as to how to correct the legal system in India and then the preliminary report is to be kept for the public scrutiny and the committee should be asked to look at the opinions of the public and experts. The committee can finally submit a report to the Central Government and the committee should also be mandated to co-ordinate with the Law Department and various other organs of the Government so as to ensure that the report is being implemented.

We should not compromise with the effort for correcting the legal system in India thinking that we have a law commission to make recommendations and it is submitting various reports and still, we can not bring the proper changes. The committee as referred to above should work under the guidance of Prime Minister and the Prime Minister should take the responsibility of ultimate supervision, otherwise, the committee will be in the row of other committees which have submitted their reports to the Government for consideration.

Looking at the manner in which the section attached to court is functioning, looking at the manner in which the staff attached to the court are functioning, look at the practice of judges where they write daily orders in their own handwriting spending considerable time and many other things, I strong feel that we need another revolution called ‘legal revolution’ in India like ‘Green Revolution’ and ‘White Revolution’.

Personally, I may not be affected with the existing system and I may be able to face this system, but, the citizens of this country will suffer without the proper legal reforms and ultimately the reputation of India will be at stake.

Nothing is impossible and as such ‘legal reforms in India’ is also possible with strong political will.

Looking at the manner in which the Central Government is functioning now and looking at the initiatives like right to education, right to food, rights of common man, making the youth to take the lead, concentration on reducing the delay in rendering justice and many other things, I am hopeful that if the Central Government headed by Dr.Manmohan Singh and guided by Smt.Sonia Gandhi is keen on reforming our legal system, then, the system can definitely be corrected. Correcting the system may be complicated and may take some time, but, we need change and we need right reforms in the legal system in India.

Note: I have not gone through the detailed issues as to where we need to concentrate and where the actual problem lies and it is again a deep rooted issue.