Judiciary Is The Last Resort

Judiciary Is The Last Resort

Ignorance

The people know very little about the judicial machinery. The people do not know how the courts work. The people do not know how minutely the judges and lawyers work to reach a certain verdict. People are really ignorant about this.

The blame game

Therefore some people think that justice is only delayed. Some people unknowingly think that the judicial machinery takes undue time to reach justice. Some people also think that there are a lot of holidays in the courts. Some people also think that judges, especially Supreme Court judges, spend a very little time in the court halls giving judgements. There is a common public trend to blame the judges and the lawyers for this delay.

Reality

But in reality we don't know that giving a verdict is a process. Reaching justice is an act of intelligence. It requires a very high degree of concentration, logical analysis, mastery of facts, very subtle legal knowledge, skills of interpretation of words, command over the language, power of listening carefully, grasping of the real question in contradiction, and many other qualities. 

Lawyers and judges do a lot of table work in their chambers to reach a logical conclusion of the facts, with the help of the existing laws. 

It is very difficult to interpret the statutes in reality. 

Interpretation of a statute

While interpreting the statute, a lot of things are to be kept in mind. Basic are as follows: 1. the exact intention of the legislature, 2. To Apply the provision to the case in hand in a meaningful manner.

It looks very easy to read. But it is very difficult to do. That is why the whole missionary is involved in delivery of justice, Including the judges, lawyers, the police, and other government bodies.

What is the difficulty

Meaningful manner does mean that, in a judicial manner. The judges have to interpret the available law in relation to the various facts. Facts of one case are much different than facts of another case.

For instance there is a provision in the Civil Procedure Code, 1908 in section 94(e) of passing an interlocutory order. We can enumerate the facts in which such kind of interlocutory order can be passed. We can also enumerate the facts in which such kind of interlocutory order can be refused. There is a third possibility of partial allowance and partial refusal. 

By this one example you can imagine about the innumerous enactments and the provisions there under. But you cannot imagine the contingencies of facts that one judge and the involved lawyers may have to interpret.

Law and civilization

Law is a vast field. There is actually no limitation to the expansion. The history of human civilization and the history of law goes hand in hand. The justice delivery system is as old as civilization. In other words, the growth of civilization and our judicial system are in the same situation right now.

But Are we really civilised people?

Supreme Court of India

The Supreme Court is an independent constitutional body. The Supreme Court of India is a parent body of the whole judiciary of India. The author read many articles and WhatsApp posts which blame the Supreme Court judges for the poor situation of the judiciary. One person posted that the whole judiciary is rotten. This is a very wrong interpretation of the real condition of our or any other judiciary in the world.

The real problems in the justice delivery system are not the Supreme Court judges. There are a lot of elements responsible for the delay in justice delivery. 

Why there is delay in justice delivery

How many common citizens know even about the preamble of our constitution. 

Lack of knowledge of litigants, tremendous filing in proportion of the number of judges, lack of basic infrastructure, lack of expertise of the advocates, lack skills of the judges as well as the judicial employees, the colonial way of working of the whole judiciary, etc., and many other factors are there which are responsible for the efficiency and delay in delivery of justice. 

It is not correct to blame the judges only.

If the judiciary is rotten, what is there in the country we can rely upon?

The Last Resort

You can see the faith of the common citizen in the judiciary has been increased? The people who were fighting for blood in the streets or in the farmyards are filing suits before the courts, filing complaints in police stations.

The other constitutional bodies like lawmakers and governance are also trustworthy. But comparatively the judiciary is the support system of the people in common.

The courts like the Supreme Court are the protectors of fundamental rights of the citizen. Whenever the country needed it, the Supreme Court interfered and stopped the government from misusing the machinery. The Supreme Court is the protector of democracy, and the democratic values. If politics is the last resort of scoundrels, judiciary is the last resort of common citizens.

Lawyers the movers of judicial machinery

Lawyers are a different kind of species. Being a lawyer is a very loyal profession. We lawyers have a very different kind of brain. Going through the documents, collecting evidence, putting the case of our client before the judge with extraordinary oratory skills, fighting for justice, moving the judicial machinery, to advocate the side of the clients before the judges, etc. Obviously a brainy work. The intellectual work needs thinking, rethinking and deciding. Lawyers help the judicial process of interpretation by their expertise. About the author of this article, he has invested almost 3 decades of his life studying law and using it for the welfare of the people. There are so many like the author who are working very hard to improve the delivery of justice mechanisms.

Different class of people

Very strong and constructive acquisition of knowledge and a thought process is required to be a good lawyer. The thought process, applying judicial minds, in a human being is only possible for the different class of people, who are called advocates and judges.

We the people of India

We all are part of the system. We work to maintain our homes. Just like that we should work together to maintain the system. The blame game is a coward's policy. The Brave puts his time and energy in making changes in affirmative direction. 

Knowledge

Any democracy in the hands of the uneducated is rotten. We should educate ourselves to know our system. Only one who knows how to drive a car can drive a car. In the same way who knows the system can drive the system and can make changes in the system.

Introspection for the word citizens

The whole world has become a Global City now and we are the Global citizens. We all are connected with each other by ethnic, culture, science, arts, trade, commerce, nature and a lot of other things. 

To a great extent we are busy in the new World order behind solving our personal livelihood problems. We are into a very inhuman lifestyle. We are more selfish than ever before. 

We have forgotten the human values inherited from our ancestors. Heritage of the art of survival, Heritage Of being a social, heritage of being conservator of civilization and nature. We have forgotten the blood and sweet shade by our ancestors for the dream of a better future for us.

We have to think again about what we are going to give our coming generations? What Heritage we are living behind for them? We need introspection of our mind set at this juncture. 

Follow the law

Don't feel proud to break even a single traffic rule. Be a good citizen of the world. Follow the law. Make others follow the law. Be the rakshak of law. Then only justice will prevail. 

Only the rule of law can make this world better. 

Being Global citizens, make the world your own home. Live in this world as if you live in your home. You protect your home, the things in your home and the homemates. Do the same anywhere in the world. Be the word citizen. Make this world a better place to live in. Protect the world for the future.

Thank you for your patient reading.

Authored by 

Advocate Ranjitsinh Ghatge

WhatsApp number 9823044282

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