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Sunday, Nov 25, 2007
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Make court procedures as simple as possible: Pratibha

Legal Correspondent

Says there is a need to ensure speedier disposal of cases

High cost of judicial remedy needs rectification
Adequate laws, institutional mechanisms needed

New Delhi: President Pratibha Patil on Saturday said courts should make procedures as simple as possible for persons to gain access.

Inaugurating the International Conference of Jurists on ‘the Rule of Law’, the President said, “even though free legal aid is guaranteed for the weaker sections of society, it should be remembered that the quality of legal aid plays a very important role. Creative solutions to this problem will have to be thought of.” Pointing out that sometimes justice delayed could become justice denied, she said there was a need to ensure speedier disposal of cases.

“In a country with the size and magnitude of India, there remain many challenges in providing social justice as well as justice to the marginalised sections of our society. High cost of judicial remedy is a cause for concern and needs rectification. Alternative dispute settlement systems need to be encouraged. We need to reinforce our efforts for the better implementation of the rule of law particularly for the disadvantaged sections of society.”

The President said challenges to the rule of law would also include problems of international terrorism, a global economic order that did not have adequate representation in international financial institutions for developing countries, weapons of mass destruction, and transnational crimes such as drug trafficking and money laundering.

Chief Justice K.G. Balakrishnan, who presided, said: “We must not forget that the forces of fundamentalism, extremism, internal terrorism are prevalent at least in some parts of this country. The traditional approaches to reducing the crime and violence based on increasing mechanism and control and harsher sanctions have failed to reduce crime.

“It is true that in this country the judiciary has a great role of play but the existence of a good judicial system is not enough to protect citizens against abuses of state power. Adequate laws and institutional mechanisms are also needed. Only administration based on good governance can maintain the rule of law in this country.” Referring to Friday’s bomb blasts in Lucknow, Varanasi and Faizabad, the Chief Justice of England and Wales, Lord Phillips of Worth Matravers, said terrorism posed a serious challenge to the rule of law. The President of the International Bar Association, Fernando Pombo, and the President of the International Council of Jurists, Adish C. Aggarwala, explained the significance of the conference.

Fair rules

Union Minister of State for Law K. Venkatapathy said “rule of law means procedural and formal justice based on a complete set of decisions and procedural rules that are fair. Application of the rule of law does not automatically ensure justness of the laws or effective delivery of justice. Rule of law must not end up emphasising too much on the law in the books. The ultimate goal of rule of law must be the attainment of liberty, equality, and justice to one and all.”

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