Indianisation Of Our Legal System Is the Need of The Hour: Chief Justice of India NV Ramana.
(Judicial Quest News Network)
Chief Justice of India NV RAMANA on Saturday said that Indian Judicial system and justice delivery poses multiple barriers for the common people, that the working and style of the court do not sit well with the complexities of India.
He said that our system, practices, rules being colonial in origin may not be bets suited to the needs of Indian Population.
The CJI was speaking at an event organised by Karnataka State Bar Council KSBC in Bengaluru to pay tribute to late Justice Mohan M Shantan”agoudar of the Supreme Court.
He said “I mean the need to adapt to the practical realities of our society and localise our justice delivery systems. For example, parties from a rural place fighting a family dispute are usually made to feel out of place in the Court.”
Courts need to be litigant centric
Courts need to be litigant centric, as they are the ultimate beneficiaries. The simplification of justice delivery should be our pressing concern. It is crucial to make justice delivery more transparent, accessible and effective. Procedural barriers often undermine access to justice. The common man should not be apprehensive about approaching the courts and authorities. While approaching the Court, he should not feel scared of the Judges and Courts. He should be able to speak the truth.
CJ Ramana cited as an example the plight of parties from a rural place fighting family dispute who are usually made to feel out of place in the court. They do not understand the argument of pleadings which are mostly in English, a language alien to them. These days the judgements have become lengthy, which further complicates the position of litigants. For the parties to understand the implications of a judgement, they are forced to spend more money.
The system, practices and rule of courts were foreign and sourced from our colonial days. They did not take care of the practical realities of India.
For whom do the courts function, the CJI asked. For the litigants, who are the justice seekers they are the ultimate beneficiaries.
undermine access to justice. The common man should not be apprehensive about approaching the courts and authorities. While approaching the Court, he should not feel scared of the Judges and Courts. He should be able to speak the truth.
In this light, usage of alternate dispute mechanism such as mediation and conciliation would go a long way in reducing the friction between parties and would save resources. This also reduces the pendency and requirement for having lengthy arguments with lengthy judgments. As Justice Warren Burger, the former Chief Justice of the United States stated, I quote-
“The notion that ordinary people want black robed judges, well-dressed lawyers in fine courtrooms as settings to resolve their disputes is incorrect. People with problems, like people with pains, want relief and they want it as quickly and inexpensively as possible.” Unquote
The CJI spoke of how his contribution to the jurisprudence of the nation, from the time of his elevation to the High Court and particularly during his time in the Supreme Court, is indisputable. His judgments provide a deep insight into his years of experience, his depth of knowledge and his unending wisdom.
his judgments showed simplicity, abundant common sense, and a practical approach. His tenure as a Judge was marked by his concern for social equality, opportunity to all, and rights and liberties of the people.
The CJI hailed how in the Nandan Biomatrix case, he held that farmers were also consumers and could seek compensation under the Consumer Protection laws. In the Amitabha Dasgupta case, he passed strictures on Banks for imposing unfair conditions on consumers. He was known for his fearlessness and independence. His dissent in the Indore Development Authority case is well known. He never minced words, but at the same time, he was never rude.
Match less legal acumen
Sitting on a Bench with him for about a year and a half, I was witness to his legal acumen, immense preparation as well as his kindness and generosity of spirit. We grew extremely close over that period, and there were many days that we shared our views over breakfast. While sitting together, we decided several important cases, including on the mental health of convicts sentenced to the death penalty.
The CJI recalled a heart touching incident I would like to recall one heart touching incident. One day, while retiring to chambers, a gemstone of my ring had fallen off. That particular ring had a lot of divine significance as it was blessed by Satya Sai Baba. When Brother got to know that I had lost the stone, he himself took off to search for the same in the entire Supreme Court corridor and found the stone after half an hour of intense search. It speaks of his immense humility.
The CJI narrated that it was well known that Brother Shantanagoudar encouraged young lawyers who were always welcome at his house to seek his guidance. Further, I was made aware of certain heartfelt articles written by his research assistants after his untimely demise, which is a testament for his warmth and his caring nature.
Over the last year, when his health took a turn for the worse, I remember how weak he grew. I knew that he was struggling with certain medical conditions. However, he never showed it. This was because of his immense grace and strength of character.
He was built from a different fibre. Till his last days, he continued to sit on the bench, hear cases and write judgments. His commitment to his judicial duty was inspiring.
Said the CJI
