CHENNAI, Sept 8:
Calling for administration of justice that is ‘quick and accessible to all’, President Pranab Mukherjee today said the judicial system in our country should not only be accessible but also affordable.
Speaking at the Valedictory function of Sesquicentennial Celebrations of the Madras High Court, the President said, “justice delayed is justice denied. Administration of justice must be quick and accessible to all.
“Article 39A of the Constitution provides that : ‘The State shall ensure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes in any other way, to ensure opportunities for securing justice are not denied by reason of economic or other disabilities’. The Government, judiciary and lawyers through their voluntary efforts must make this Constitutional dictum a living reality for the common man.”
Noting in this context, that despite various challenges, the judiciary in India is working hard to reduce backlog of cases and provide speedy justice, the President said, “Our courts must be strengthened with additional resources and the Government is fully engaged in this task. A National Mission for Justice Delivery has been launched, the Constitution is being amended to raise the retirement age of High Court Judges and efforts are underway to create an All India Judicial Service.”
Stressing the need for the judicial system in India not only being accessible but also affordable, Mr Mukherjee said, “the fact that litigation is time consuming and expensive is well known. To address this, alternative dispute resolution mechanisms such as mediation and arbitration should be encouraged. This will help ensure timely and effective justice, and ease judicial pendency.”
He also called for greater efforts to speed up legal literacy across the nation.
While emphasising the need to preserve and protect the independence of the judiciary from any form of encroachment, the President, however, said the judiciary, as an important pillar of democracy, must also keep reinventing itself through a process of introspection and self-correction.
“We must do everything possible to preserve and protect the independence of our judiciary from any form of encroachment. At the same time, the judiciary, as an important pillar of democracy, must also keep reinventing itself through a process of introspection and self-correction,” the President said. While appreciating that judicial activism have contributed enormously to expanding the frontiers of justice and providing access to the poorest of the poor of our country, Mr Mukherjee, however, cautioned that Judicial activism should not lead to the Constitutional principles of separation of power getting eroded.
“The separation of powers, long established as one of the basic features of our Constitution, ensures that each organ of government operates within its own sphere and none takes over functions assigned to the other. It is the Constitution that is supreme.
“The laws are enacted by the legislature, the executive does the implementation, and the judiciary is the final interpreter of these laws. The delicate balance of power enshrined in the Constitution should be maintained at all times. Judicial pronouncements must respect the boundaries that separate the Legislature, Executive and Judiciary,” Mr Mukherjee said.
Stressing that the process of selection and appointment of judges should conform to the highest of standards and should be based on well established principles, the President said, “Judging the judges is a delicate and sensitive topic and one which has been viewed with some concern by jurists. Legislation which carefully balances the independence of the judiciary with the need to protect and preserve its credibility is a useful complement to the judiciary’s own efforts.”
“Ultimately, the credibility of the judiciary will depend on the quality of the judges who man the various Courts of the country. Therefore, the process of selection and appointment of judges should conform to the highest of standards and should be based on well established principles,” he said.
The President said that the filling of vacancies in courts across the country is a matter that must be taken up as a priority by all concerned.
“We must make haste in this regard but without compromising on quality,” he added.
Describing the Madras High Court as an institution with an illustrious history, the President said it was one of the three Courts established in India by Letters Patent issued by Queen Victoria after the Calcutta High Court on July 1, 1862 and Bombay High Court on August, 14, 1862.
The illustrious lawyers and Judges of this Court have also contributed to nation building and advancement of social justice. The case filed by Champakam Dorairajan paved the way for the first amendment to Article 15 of the Constitution.
Similarly, the insertion of the Ninth Schedule to the Constitution for grouping legislations that would fall beyond the pale of judicial review was the brain child of a member of Madras Bar, Mr V K Thiruvenkatachari, who served as Advocate General for 13 years. When legislations relating to Zamindari abolition and land reforms were struck down by the Patna and Calcutta High Courts as unconstitutional and violative of Articles 14 and 31 of the Constitution, Mr Thiruvenkatachari suggested the insertion of Ninth schedule and the inclusion of the legislations regarding land reforms in this schedule.”
He said the High Court of Madras has, over the years, earned fame as an institution of high standards with strong traditions and ideals.
“Its Bench as well as Bar has been well known for legal erudition and intellectual acumen. Independence and fairness has been its hallmark. Land mark decisions of this Court have contributed greatly to the strengthening of the legal and constitutional framework of our country,” Mr Mukherjee said. (UNI)
Trending Now
E-Paper
Follow our WhatsApp channel