'Strengthening The District Judiciary Is The Need Of The Hour': CJI N.V. Ramana

Update: 2022-07-30 06:51 GMT
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While delivering his speech at the First Meeting of the All India District Legal Services Authority, organised by NALSA, Chief Justice of India, N.V. Ramana emphasized on the urgent need to strengthen the subordinate judiciary. District Courts being people's first point of contact with the judiciary plays a pivotal role in the dispensation of justice. Every progressive policy needs a...

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While delivering his speech at the First Meeting of the All India District Legal Services Authority, organised by NALSA, Chief Justice of India, N.V. Ramana emphasized on the urgent need to strengthen the subordinate judiciary. District Courts being people's first point of contact with the judiciary plays a pivotal role in the dispensation of justice. Every progressive policy needs a strong foundation and the same goes for judiciary; it is imperative to strengthen its foundation - District Judiciary.

He reckoned that being the first point of contact, subordinate judiciary shoulders great responsibility -

"Public opinion about the judiciary is primarily based on their experiences with the district judiciary. This casts a great responsibility on your shoulders. You must undertake multifaceted tasks and roles. You are best placed to understand people's problems and social issues."

Need to flag the issues which hinder the functioning of the judiciary

While he attempts to project the achievements of the Indian judiciary in order to win people's faith, CJI Ramana admitted, that in order to serve better, the need to flag the issues impeding its functioning, is compelling.

"There is no meaning in camouflaging or hiding the problems. If we don't discuss these issues, if matters of pressing concern are not addressed, then the system will cripple. I fear we may be unable to fulfill our constitutional mandate of social justice. I urge you therefore, to DISCUSS, DEBATE AND DECIDE! This is the principle I have been following all through."

He identified some of the pressing issues as - conditions of service, remunerations and infrastructural challenges. He pointed out that the Supreme Court has recently addressed the issue of remuneration by directing for implementation of revised pay benefits.

Use modern technological tools to enhance pace of justice delivery

CJI Ramana also took the opportunity to encourage all present to make use of the technological tools to augment the pace of justice dispensation. It was noted that the cooperation of the district officers is crucial in this regard.

Conditions of undertrials need active consideration and intervention; Issue had been flagged by the Prime Minister and the Attorney General on a previous occasion

Acknowledging the work done by NALSA in collaborating with stakeholders to secure relief for undertrials, he emphasised on much needed intervention to uplift the condition of the undertrials. He apprised all present that the Prime Minister and Attorney General have flagged this issue on a previous occasion.

Effective representation for better access to justice

He indicated that dedicated advocates are needed for effective representation of the prisoners. It is of paramount importance that the advocates know the condition and needs of their clients and therefore make visits to jail to be aware of their clients' realities.

"We need sincere and dedicated jail visiting advocates. Jail visiting advocates can later become the legal aid authorized defense counsels. Such advocates must also be accessible to families of the prisoners, who are often unaware about their status."

Strengthen ADR and Lok Adalats to reduce pendency and backlog

CJI, Ramana highlighted the need to strengthen ADR and Lok Adalats as they have the ability to provide millions of people a platform to settle their grievances, transforming the legal landscape of India. A wide range of matters like matrimonial disputes, intergovernmental disputes, government contracts and land acquisition can be attempted to be resolved through mandatory ADR. He believes that by providing speedy justice ADR is capable of tackling the issues of pendency and backlog.

Participation of young law students can overhaul legal services landscape

He highlighted that our country's strength is its youth. With an average age of 29 years India has one of the youngest populations in the world. If properly trained they have huge potential to drive social and economic progress. Even in the mission towards a better legal services landscape the role of young students is pivotal. Engagement with the legal service authorities would provide necessary exposure to the students to the grassroot realities of their country and its judicial system.

Legal Services Authorities and Access to justice

The Preamble of the Constitution of India envisages Justice to be social, economic and political. However, CJI, Ramana conceded that in reality only a miniscule population can access the justice delivery system. Emphasizing that access to justice is a tool for social emancipation, he stated -  

"Majority of the people suffer in silence, lacking awareness and necessary means. India was built around the goal of removing the disparities in society. Project democracy is for providing a space for participation of all. Participation will not be possible without social emancipation."

The gap between theory and reality, he reckoned, is being filled by the Legal Services Authorities across the country. He noted that the NALSA with the aim to provide free legal aid to 70% of the population is the greatest legal aid provider in the world. He was happy to announce that many objectives of NALSA have already been translated to social realities. He appreciated the effort of dedicated judges, advocates and governments for transforming NALSA's aim into reality.

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