JUDICIARY UNDER THREAT OR JUSTICE IN PERIL?

Every now and then would come a case of #JusticeLoya or the case of #thedelayedverdictinJayalalithacase or a similar issue to generate debate on the independence of the Judiciary in our country.

          Cho Ramasamy had long ago remarked that to get a favorable verdict in the Court, one has to know the Judges than knowing law. 

          Very many times, it has been pointed out that Courts are called Courts of law rather than as Courts of Justice. It is more so in India. And a very famous Chief Justice of India once remarked candidly, 'we are not final because we are necessarily right, but right because we are final'.

          Even the complications in interpretation of the provisions in the Constitution of India have been blamed on the numerous lawyers who were deployed for the purpose, instead of lay men who could have put it in simple terms.

          But experience teaches us that even simple things could be complicated by intelligent minds.

          First the print media, then the visual media and now the social media have created such a polarization among people that a majority have taken sides and want to argue only the side chosen by them, with brazenness, without an iota of guilt or shame and perpetuate their beliefs to endless  measure.  Thus a considerable number of persons involved in these debates have become lawyers themselves, though not necessarily holding any formal degree permitting them to do so.

          While the very concept of taking sides is anathema to arriving at truth, the judicial principles enabled one to put forth all possible angles for proper consideration.

          In this process employment of competent persons became a sine quo non to win one’s argument. Judicial principles started faltering at this very point.  Because, one who has more resources at one's command can get hold of a better lawyer, who can put forth his side in a better manner than the other one and truth became a prisoner of circumstances and submissions and at God's mercy directly.

          The higher judiciary has become more costly with Senior Advocates becoming an essential requirement if arguments have to be even heard.  The cost of the Senior Advocates ranges from Rs. 2 lakhs to Rs. 15 Lahks - per appearance.  It is carefully worded as appearance because it does not mandate that the advocate may have to even stand up or open the mouth.  Mere appearance when the case is called – even if adjourned by the Court itself, or at the request of the other party/parties.  And such appearances could be endless. Also do not miss the number of Judicial forums and procedures, in every single case.  While for the Government, it would mean only the cost of paper on which the decision to litigate is taken, for the common man, it bleeds the life out of him.  It is the same in the case of a common man's litigation against a corporate also, because the corporates have legal eagles empaneled.  

          When considered that famous Senior Advocates appear in 20 cases on an average per day, one could estimate their earning.

          Compared to the salary of the Judges, these fees are several times high. 

          That would point out the basic pit falls in judicial mechanism.

          If judgment process is so costly, what is the cost of justice?

          If judicial process becomes so complicated and costly, it invariably would become corrupt.  A corrupt judiciary will only enable a corrupt investigation system to thrive. 

          A small step towards solution of the above problem would be to allow the parties to present their side in person, if need be with the assistance of the advocates.  Like in the RTI Act, litigants should be allowed to argue their own cases, without restrictions.  Legal formalities should not come in the way.

          That reminds me of the attempt by the Advocate community trying to step into the RTI Proceedings also, some years ago. Luckily that attempt failed.  But the mechanism of RTI itself became whittled down.

          Along with public education and public health care, police/judicial reforms are urgently required for a just state to exist.

          Otherwise, any number of laws enacted would be of no help.