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Challenges Faced By Indian Lawyers From The Courts And Society

Posted by PANKAJ MAHAWAR in Society
February 1, 2018

I decided to write on this topic because our judicial system needs reforms, especially in trial courts. There are many reasons as to why this is the case.

The legal profession is a very serious and challenging profession. It is a noble calling and all those who belong to this profession are its honourable members. Its notability has to be preserved and promoted. An institution can’t survive on its name or its past glory alone. The glory and greatness of an institution depend on its continuous meaningful performance, with grace and dignity. The profession of law, being a noble and honourable one, has to continue its meaningful tasks and retain its sense of purpose.

I would like to draw your kind attention towards some difficulties and hurdles lawyers face in serving the court and society.

We often see that a judge takes unnecessary actions, such as ‘dismissal on default’ even for a small cause. They do not consider the drastic effect this has on a petitioner’s/litigant’s life. By doing this type of work, they themselves violate the landmark judgement of the honourable Supreme Court of India, which came in the case of “Mohan Lal vs Union of India“, in which the honourable Supreme Court observed, “It is a well-accepted and settled principle that a court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of a court not only to do justice, but also to ensure that justice has been done.”

There are other hurdles like kharcha and bakshish (a small fee for rendering some small service). In India, especially in trial courts, this tradition is very prevalent. If this is demanded from a client, then it is tolerable to some extent. But when this demand knocks the door of an advocate then it becomes intolerable.

Another difficulty for lawyers is the atmosphere of the courtroom. The present atmosphere of the court reminds one of the British colonial period. You have to lower your head while entering and leaving the courtroom. In this regard, my view is that the masses will respect the court and judicial system naturally if they were convinced of receiving genuine justice. Justice means justice and not the speedy disposal of cases. I think we don’t have to go by the number of cases disposed of in a month, but rather look towards an effective, efficient and transparent judicial process whereby people could get swift and sure justice.

There is also the problem of wrongly interpreting laws, especially by bureaucrats of sub-ordinate civil services. There are various examples of violation of the basic and most important concept of ‘res judicata’ by giving the excuse that since the Supreme Court can reverse their orders or judgements in the same case, then why not these people. This is done without knowing that only a higher bench of the honourable Supreme Court can change the judgement.

Lastly, I would like to say that there are many difficulties for a lawyer in serving the courts and society. I hope this country could come towards a concrete conclusion regarding the above-mentioned hurdles.

These above-mentioned views are not in contempt of the judicial system. They are only to eradicate the evils of our great and noble Indian judicial system. If anyone has any disagreement with the above-noted views, I am open to hearing out their arguments.

Thank you.