Justice delayed is justice denied'
The High Court of Madras has an unusual architectural feature, a
175-feet high Tower of the Light House overseeing the city of Chennai.
This tower symbolises the role this High Court has played for over a
century and a half. It has been a guardian and a watch tower for the
rule of law, seeking to secure for our citizens justice — social,
economic and political — as enjoined in the preamble to our
Constitution.
The High Court of Madras has, over the years, earned fame as an
institution of high standards with strong traditions and ideals. Its
Bench as well as Bar has been well known for legal erudition and
intellectual acumen. Independence and fairness has been its hallmark.
Land mark decisions of this Court have contributed greatly to the
strengthening of the legal and constitutional framework of our
country. Many luminaries from the Madras Bar have contributed to the
national movement and politics of independent India. Sir C Sankaran
Nair was Advocate General, then judge and finally Member of the
Viceroys Council. He abandoned the Membership in the Council and
joined the Indian National Congress and became its President in 1897.
Shri C Rajagopalachari or Rajaji as he was popularly known, had a
successful career in law at this Bar, before he gave up practice and
plunged into the freedom struggle. Rajaji served as Governor General
of India from June 21, 1948 to January 26, 1950.
My eminent predecessor, Shri R Venkataraman, was also member of this
Bar and went on to serve the country in various capacities such as
Minister of Finance, Minister of Defence, Minister of Home Affairs and
Vice President of India before becoming the President of India from
1987 to 1992.
Sir C P Ramasamy Iyer is a name etched in our memory. He not only had
a lucrative practice and later became the Advocate General of this
Court, he was also the leader of the Home Rule Movement along with Dr.
Annie Besant.
Shri V Krishnaswami Aiyar is another name that deserves to be
recalled, both for his contribution to this Court as well as to
society at large. He was a close friend of Gokhale and Surendranath
Banerjee and highly respected by Sir Phirozeshah Mehta, all of whom
represented moderate views of the independence movement.
The independence of our judiciary is widely recognised and a matter of
pride for every citizen of our country. The Indian Judiciary has
enlarged the scope of fundamental rights, increased the space for
democracy, while maintaining the quality of justice delivered. We must
do everything possible to preserve and protect the independence of our
judiciary from any form of encroachment. At the same time, the
judiciary, as an important pillar of democracy, must also keep
reinventing itself through a process of introspection and
self-correction. The separation of powers, long established as one of
the basic features of our Constitution, ensures that each organ of the
government operates within its own sphere and none takes over
functions assigned to the other. It is the Constitution that is
supreme. The laws are enacted by the legislature, the executive does
the implementation, and the judiciary is the final interpreter of
these laws. The delicate balance of power enshrined in the
Constitution should be maintained at all times.
Our judges, through innovation and judicial activism have contributed
enormously to expanding the frontiers of justice and providing access
to the poorest of the poor of our country. Taking into account the
special circumstances of a developing country, our Supreme Court has
expanded the common law principle of 'locus standi' when it comes to
violation of the fundamental rights of our citizens. A post card or a
newspaper article has been sufficient to trigger the intervention of
the Courts in support of individual rights. Today, our Courts permit
any person, acting with bona fide and having sufficient interest in
maintaining an action for judicial redress for public inquiry, to put
the judicial machinery in motion. However, a note of caution needs to
be sounded. Judicial activism should not lead to the Constitutional
principles of separation of power getting eroded. Judicial
pronouncements must respect the boundaries that separate the
legislature, executive and judiciary.
The principle of separation of powers is equally a principle of
restraint. While the exercise of powers of the legislature and
executive are subject to judicial review, the only check on the
judiciarys exercise of powers is the self-imposed discipline and
self-restraint. Judging the judges is a delicate and sensitive topic
and one which has been viewed with some concern by jurists.
Legislation which carefully balances the independence of the judiciary
with the need to protect and preserve its credibility is a useful
complement to the judiciarys own efforts. Ultimately, the credibility
of the judiciary will depend on the quality of the judges who man the
various Courts of the country. Therefore, the process of selection and
appointment of judges should conform to the highest of standards and
should be based on well established principles.
Justice delayed is justice denied. Administration of justice must be
quick and accessible to all. Despite various challenges, the judiciary
in India is working hard to reduce backlog of cases and provide speedy
justice. Our courts must be strengthened with additional resources and
the Government is fully engaged in this task. A National Mission for
Justice Delivery has been launched, the Constitution is being amended
to raise the retirement age of High Court Judges and efforts are
underway to create an All India Judicial Service. The filling of
vacancies in courts across the country is a matter that must be taken
up as a priority by all concerned. We must make haste in this regard
but without compromising on quality.
The judicial system in our country should not only be accessible but
also affordable. The fact that litigation is time consuming and
expensive is well known. To address this, alternative dispute
resolution mechanisms such as mediation and arbitration should be
encouraged. This will help ensure timely and effective justice, and
ease judicial dependency. Greater efforts are also needed to spread
legal literacy across the nation.
The great traditions and vitality of the Madras High Court exemplify
the high sense of duty that has animated the judiciary and the legal
profession of this state. I am confident that it will continue to
uphold its glorious heritage of 150 years.
Excerpts from the address of Pranab Mukherjee, President of India, at
the valedictory function of sesquicentennial celebrations of the
Madras High Court in Chennai, Tamil Nadu on September 8
OPINION
PRANAB MUKHERJEE
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CS A RENGARAJAN,, B.Com ,FCS, LLB, PGDBM
Company Secretary, Chennai
email csarengarajan@gmail.com
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