Legal Profession Is Public Service, Lawyers Must Meaningfully Engage With Society: Justice Sanjay Kishan Kaul

Justice Sanjay Kishan Kaul delivered the inaugural lecture at the 'First Annual Lecture Series' organised by Gauhati High Court Itanagar Permanent Bench Bar Association (GHCIPBBA) in association with Tewari & Associates at WAII International, Itanagar. The event was presided over by Union Law Minister Kiren Rijiju. 

At the very outset, Justice Kaul underlined the importance of the concept of access to justice, which he stated constituted the primary tenet of the constitutional and legal framework. Accordingly, he said that it was the duty of lawyers to make individuals visible to the organs of law by ensuring their effective representation. He said–

"I would assert that every process of making an individual visible in the eyes of law, to grant that person a certain permanence, is facilitated by a lawyer."

Elaborating upon this, he said that Article 14 of the Indian constitution carried under its wide embrace the concept of 'access to justice' as a corollary of equality before the law. He said that this guarantee of equality would become obliterated if, in accessing justice, one had to encounter barriers of any kind. He added that the Supreme Court had expanded the avenue of access to justice by incorporating the same under Article 21. Further, he said that Article 22(1) and 22(2) specifically ensured the access of justice for those in conflict with the law.  While highlighting the importance of lawyers in ensuring access to justice, he said –

"A lawyer is an extension of the court. It is a lawyer who enlightens the people about their rights, guides them in terms of the legal resources available, and represents their grievances in a court of law with due regard to the relevant statute and judicial president. In this role, lawyer bridges the gap between the people and justice, which they seek to achieve. The legal profession is not about self or individual service, but is a mode of public service catering to the needs of the people. Lawyers must play a transformative role by meaningfully engaging with society at large."

Justice Kaul also spoke about the importance of Article 39A of the Constitution of India which envisions free legal aid for the poor and underprivileged. He said–

"Hearing several legal aid matters on a daily, I find it important to state that pro-bono matters today are in dire need of being pursued with interest. Several of these matters raised important questions on the law which inevitably requires nuisance and expertise."

He also urged lawyers to advise clients to adopt Alternate Dispute Resolution mechanism (ADR) such as mediation, negotiation, conciliation, and arbitration since litigation was a time consuming and expensive affair. He stated that the conciliatory nature of ADR proceedings allowed parties to be in complete control and ensure that they each get a say in the outcome. While highlighting that mediation was cheaper, quicker, and far more litigant friendly than traditional litigation proceedings, he stated that in today's fragmented world, perhaps the most important advantage of such mechanisms was that it allowed the parties to preserve their commercial and personal relationships as they were prior to the dispute. 

Justice Kaul went on to highlight that in India there are localized and customary forms of mediation still in practice in States such as Arunachal Pradesh where several diverse dispute resolution mechanisms operate in addition to the adversarial courts. He said–

"The 'Kebang' is one such indigenous traditional system, which also looks after the day-to-day affairs of the villages. Unlike courts, the Kebang is a non-adversarial justice delivery system having belief in the amicable settlement of disputes outside the courts. Similarly, the Nyishi traditions have the Nyelee, which plays a very important role in the administration of justice. Nyelee involves a council of elderly people who are well-versed in local traditions, customs, and practices, and they arbitrate local disputes on this basis." 

He added that efforts were ongoing not only for institutionalising mediation but also for inculcating a culture of mediation and an academic study of the discipline.