NEW DELHI, Nov 9:
Prime Minister Narendra Modi today said that every institution has to evolve in tune with the times, a statement that was seen as a veiled reference to continuance of the collegium system by the Supreme Court which had struck down the judicial appointments law.
He also suggested that rendering free legal aid to poor should be a criterion in selection of judges and that dedication and commitment of the administration in ensuring justice may open up “new ways”.
“No institution can remain static. Changes are inevitable in tune with the times. There is a need to change the way we think–old things are best and that is why we will not lay our hands on them is not the way,” he said.
Though the Prime Minister did not make any reference to the striking down of the NJAC Act by the Supreme Court, his remarks at a judicial forum were seen as a veiled reference to that subject.
He said the concept of Lok Adalat has been successful. But if we say there has been fulfilment, then there will be stagnation.
The Prime Minister was addressing a gathering of top judges, law officers and legal experts at the foundation day celebration of National Legal Services Authority (NALSA) here with Justice T S Thakur, who is set to become the next Chief Justice, on the dais along with a few other judges.
Heaping praise on NALSA for extending free legal services to millions of people, Modi said “in every system, the boundary should expand consistently, its characteristics should keep changing and power should keep growing.”
Complimenting the free grievance redressal mechanism set up by the judiciary, Modi called it a “big thing” as nearly 8.5 crore pre-litigation and pending cases were solved by the Lok Adalats in last two decades and said it showed that how good the outcome could be if there was “out of box” thinking.
“It is a big thing. There is a strength of the system. If the Government is also dedicated to justice, is alert towards it, then a way can be found,” he said, while emphasising the need to ensure justice to the poor and the downtrodden.
Referring to new initiatives by the legal body, Modi said “if administration is dedicated to ensure justice, committed to justice, then a way could be found.”
He further said “I was telling Justice Thakur with diffidence, when there is recruitment (of judges) can we ask them how much time you had devoted for providing legal aid to poor.”
Calling for research by Law universities on Lok Adalats, Modi said little changes in the system and rules may benefit people. “We can lower the burden on the judiciary and we can stress on ensuring quality of justice which is our intention. That is why there is a need for collective effort.”
Stressing that ensuring justice to poor was very important for India’s overall development, Modi added “justice for all” to his slogan of “Sabka Saath Sabka Vikas (Together with all, Development for all).”
“I believe in ‘Sabka Saath, Sabka Vikas’ and with that there must be ‘Sabka Nyay’,” he said.
Referring to Justice Thakur’s elaboration on various schemes being implemented by NALSA, the Prime Minister lauded his effort and said these aspects of the judiciary is not known to the common people. Modi also complimented Justice Thakur for his commitment to the cause of justice.
“I do not know Justice Thakur much. I have got opportunity to talk to him because of this event. But I am surprised to see his involvement on the subject (to ensure justice to poor). He was talking about the issue like on a mission mode.
“I think there will be automatic solutions to the problems if we have such leadership both in the Central and State level.”
Meanwhile, the already over-burdened judiciary has been aided by the alternate dispute redressal mechanism of Lok Adalats which have decided 8.25 crore pre- litigation and pending cases in over 15.14 sittings in the last two decades, senior Supreme Court judge T S Thakur said today.
Justice Thakur, the Executive Chairman of National Legal Services Authority (NALSA) who would succeed Chief Justice H L Dattu, said Lok Adalats have been effective and have “relieved judiciary of a huge burden of trial, appeals and revisional proceedings and resultant delays in the disposal of these matters” as their decisions are final and binding.
“To sum up, since January to September this year, more than 1.28 lakh Lok Adalats have been organised in the country and more than 57 lakh cases, including those pending in courts and those at pre-litigation stage, have been settled.
“It is also pertinent to mention that as on 30th September, a total of more than 15.14 lakh Lok Adalats have been organised in the country and 8.25 crore cases, including cases pending in the courts as well as those in the pre- litigation stage, have been settled in these Lok Adalats,” he said in his address on Legal Services Day and Commendation Ceremony, also attended by Prime Minister Narendra Modi.
Highlighting the benefits of the NALSA Act, Justice Thakur said it gave support to the poor people fighting the mighty State, which is the key litigant against whom 80 per cent matters were filed.
“We know the state is the biggest litigant in the judicial system of this country. Eighty per cent of the litigation is against the state. Against the mighty state against whom the litigant has to fight his case, poorer sections of the society find themselves isolated.
“It was in that spirit of ensuring access to justice to such sections pitted against the state becomes a reality, Parliament has made such a programme. That will continue to be so. No system, no polity, no society can survive where you don’t not ensure justice…,” he said.
Justice Thakur also sought the support of public broadcasters, All India Radio and Delhi Doordarshan, and urged the Prime Minister to ask them not to charge NALSA and the State Legal Services Authorities (SALSAs) in promoting legal awareness among the masses.
Besides the Prime Minister and Justice Thakur, Law Minister D V Sadanand Gowda, Supreme Court judges including A R Dave and Chief Justice of Delhi High Court Justice G Rohini attended the closing ceremony of the three-day-long function here.
Justice Thakur drew the future road map for the NALSA and SALSAs and told the gathering that about seven different schemes have been launched on subjects like rehabilitation of victims of “Trafficking and Commercial Sexual Exploitation”.
He also spoke on other schemes including providing legal services to workers of the unorganised sector, children and mentally ill persons.
The schemes also include NALSA’s programme on effective implementation of poverty alleviation, protection and enforcement of tribal rights and providing legal services to victims of drug abuse, he said.
Justice Thakur, in his address, also referred to the cases disposed by Lok Adalats under different heads.
“For instance, in the National Lok Adalat for pending Bank cases, only cases relating to Bank Loans were taken-up in which the number of cases decided were as high as two and half lakh (2,68,453 cases). Another 5 lakh cases (5,05,379 cases) were decided in these Lok Adalats where the cases were taken up at pre-litigation stage. The total settlement amount involved is to the tune of approximately Rs 3,350 crores…
“Similarly, cases arising out of Motor Accident Claims were decided in large number, both pending and pre-litigation.
“To be precise, one lakh fifty eight and one hundred twenty three thousand (1,58,123 cases) pending cases and one lakh sixty thousand and six hundred one (1,60,601 cases) pre-litigation cases were decided in the National Lok Adalat settling an amount of Rs 915 crores (Rs 951,55,85,479) towards compensation payable to the injured or the legal heirs of the deceased,” he said.
Justice Thakur also said that Lok Adalats were also held for revenue, MNREGA, land acquisition matters and over 7.32 lakh cases, involving a total amount of Rs 1,365.26 crore, were disposed of.
Another Supreme Court judge Justice A R Dave and Justice G Rohini, the Chief Justice of the Delhi High Court, also spoke at the occasion.
Justice Dave, who referred to the fact that two Gujaratis (him and the Prime Minister) were sitting at dais, highlighted the fact that first ever Lok Adalat was held at Junagarh in his native State.
He also lamented the fact that there was less number of judges and termed it one of the reasons for delayed justice.
“There are 15 judges per million people here, while in Canada, there are 75 judges per million and in the USA, you have over 100 judges per million,” he said.
Later, PM Modi also dealt with it in his speech and said Lok Adalats provide speedy, amicable and cheap justice.
Law Minister, in his address, lauded NALSA and SALSAs for their efforts and assured all kinds of help from the Centre and asked the judiciary to take steps to ensure quality of legal help provided to the poor people.
“We must find ways to encourage senior advocates to do legal services,” he said.
A robust, effective and democratised legal system is necessary to ensure every citizen an equal access to justice, Chief Justice of India Justice H L Dattu said.
“A robust and effective legal system, that fearlessly upholds the rule of law, is one of the foundational pillars of a democracy.
“However, it is of equal importance that the legal system itself be democratised, which would ensure that every citizen of our country has equal access to the legal system — equally swift, equally effective and equally impartial,” the CJI said in his written message on Legal Services Day today.
Justice Dattu, the Patron-in-Chief of National Legal Services Authority (NALSA), also said that though great strides have been made in breaking down age-old barriers since Independence, there is much that still needs to be done as many sections of society continue to be vulnerable to abuse.
“Ours is a society of great diversity and complexity. While great strides have been made in breaking down age-old barriers in the years since our Independence, there is much that still needs to be done.
“Many sections of our society continue to be vulnerable to abuse and exploitation in various forms. It is essential that these vulnerable sections be provided equal and effective access to justice,” he said.
The CJI, while highlighting articles in the Constitution which provide for justice on the basis of equal opportunities and suitable legislation, listed seven schemes being launched by NALSA, saying the authority has been working for quite sometime to ensure equal and effective access to justice at doorstep of people who are vulnerable to abuse.
“Keeping the Constitutional objective in mind, NALSA has been working for quite some time to ensure that not only marginalised sections of society but also those vulnerable to abuse and exploitation in various forms are provided equal and effective access to justice at their doorstep,” he said.
“It is with this objective in mind and in order to bridge the gap between the declared rights and intended beneficiaries through a nationwide network of panel lawyers and para legal volunteers, NALSA is launching seven schemes…
“Victims of the Trafficking and Commercial Sexual Exploitation Scheme 2015, Legal Services to the Workers in the Unorganised Sector Scheme 2015, Child Friendly Legal Services, Legal Services to the Mentally Ill, Effective Implementation of Poverty Alleviation Scheme 2015, Protection and Enforcement of Tribal Rights Scheme 2015, and Legal Services to the Victims of Drug Abuse and also holding workshop on actualisation,” Justice Dattu said. (PTI)
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