April 13, 2011

Role of Supreme Court and High Courts in shaping Younger Generation of Bar

Two Lama on "Role of Supreme Court and High Courts in shaping Younger Generation of Bar"

Inspired by Times of India report on what transpired in Supreme Court in Court No.1 on 11th April,2011

(1)
19 Years Ago
A Day in chamber of Registrar General of
Supreme Court of India

A young advocate who had recently passed
Advocate on record examination,
And had completed formalities
For being enrolled on Roll of Advocates on Record,
Entered the chamber of Registrar General
And gave a four line application
For orders for being registered as an AOR.

The Registrar General read the application
And looked at the young advocate
And then said warmly,
"Below what you have written,
And above your signature,
You need to write two words;
"Thanking You,"

He returned the application for correction
And the young advocate promptly wrote
Two words suggested by the Registrar General

(2)

19 Years Later,
On 11th April,2011,
In Chief Justice's Court

The Judges looked at the draft proposal
Suggested by the petitioner's advocate

The two words "Thanking You" were missing
In the draft proposal,
And the language used was audacious.

Chief Justice returned the draft
Back to the petitioner's advocate
And suggested counsel to bring it back
After improving its language

"The younger generation is competent
But the arrogance is creeping in."
Chief Justice of India lamented.

(3)

Same day
Somewhere
In the mountains of Tibet

Younger Lama asked Elder Lama,
"Can the Supreme Court and High Courts
Play any role in shaping younger generation of Bar?"

"I am not sure.
But they do have powers
If all of them decide
To shape younger generation of Bar"
Replied Elder Lama

"How?" asked Younger Lama

"By including 13 Virtues prescribed by
Benjamin Franklin, in syllabus
Of Advocate on Record Examinations”
Elder Lama replied.

"Which are these 13 virtues?"
Asked Younger Lama

Elder Lama paused for a while,
And then enumerated these virtues
For benefit of Younger Lama

1. Temperance - Eat not to dullness;
Drink not to elevation
2. Silence - Speak not but what may benefit
Others or yourself,
Avoid trifling conversations.
3. Order - Let all your things have their places,
Let each part of your business have its time
4. Resolution - Resolve to perform what you ought,
Perform without fail what you resolve

5. Frugality - Make no expanse but to do good
To others or yourself; i.e. Waste nothing
6. Industry - Lose no time;
Be always employed in something useful;
Cut off all unnecessary actions.
7. Sincerity - Use no hurtful deceit;
Think innocently and justly, and,
If you speak, speak accordingly.
8. Justice - Wrong none by doing injuries,
Or by omitting Benefits,
That are your duty to give.
9. Moderation - Avoid extremes;
Forbear resenting injuries
So much as you think they deserve.
10.Cleanliness - Tolerate no uncleanliness
In body, clothes, or habitation
11.Tranquility - Be not disturbed at trifles,
Or at accidents common or unavoidable.
12.Chastity - Rarely use venery
But for health or offspring,
Never to weakness or injury of peace or reputation
13 Humility- Imitate Jesus and Socrates.

After hearing about these 13 virtues,
Younger Lama asked further,
"Can these virtues be learned or taught?"

"No", Elder Lama replied,
"These are seeds to be sown
In minds of younger generation.

The seeds take about an year to grow
If watered daily.

Benjamin kept a journal
And everyday he put one cross mark
Against one virtue,
For a whole year.
And thus he created a method
To grow virtues."
Elder Lama explained.

-Haresh Raichura

Inspired by a news item in 12th April,2011, New Delhi edition of Times of India titled, "CJI: Younger generation competent but arrogant"

March 16, 2011

College-Like Culture in Supreme Court

Two Lama on “College-Like Culture in Supreme Court”
(Based on actual events)

Dated 16th March,2011

(1)
A Day in Supreme Court
At 10.15 AM near Bar Canteen

One leading senior advocate
Greeted another leading senior advocate and said,

“Congratulations!
Yesterday you bullied the judge,
But you did get the order!”

Together with their groups of juniors,
They celebrated victory.

(2)

At 11.15 Same day
In a court room

The Judge lost his patience.
“Are we running a law college here?
Do we have to teach and explain to you
Even the basic laws?”

The Judge was responding to a counsel
Who wanted to argue
Against the primary and basic principles of law

The counsel did have a point
As there was a judgement of Supreme Court,
Directly
against the primary and basic principles of law
and against the common sense.

The Judge too had a point.
Better than “law-college arguments”
Were expected from counsels.

(3)

In the mountain of Himalaya

Elder Lama gave an advice to Younger Lama,
“If anyone tells you that a particular sparrow
Is carrying a diamond weighing
15 Kgs in her stomach,
Never believe him.

Never believe him,
Even if he may show you
A direct judgement of Supreme Court in his favour.

Never believe him even if he shows certificates,
Rules and provisions in support of his say”


-Haresh Raichura, Adv. New Delhi

March 14, 2011

Two Lama discuss Who Shall Guard the Guards Themselves?

Two Lama on “ Who shall guard the guards themselves?”

In the mountain of Himalaya


Younger Lama asked Elder Lama,
“When Supreme Court gave
Judgement on CVC appointment,
The newspapers of the whole country,
Carried the news on front-half page of
Their newspapers.
What was so special about this judgement?”

Elder Lama replied,
The case posed an eternal question
Which troubled civilized society
Since many many years,
namely,

‘Who shall guard the guards themselves?”

Everyone, including Prime Minister, President,
And media thought that the Court
Will not be able to take the call
And will not be able to decide this eternal question.

But Court did take the Call
And decided the eternal question.


That surprised the whole nation
And therefore media devoted
Front-half page of their newspapers
To this milestone judgement “
Replied Elder Lama

“What answer did the Supreme Court give?
Who shall now guard the guards themselves?”
Asked Younger Lama

“Objective and verifiable checks
Shall now guard the guards themselves.”Replied the Elder Lama

“And who shall decide
Whether the tests
Are objective and verifiable or not?”
Asked Younger Lama

“Supreme Court and High Courts
Will now decide whether the checks
Are objective and verifiable or not.

The judgement has expanded the scope of
Judicial Review
to include in its ambit
the unbridled executive discretion
which was the main source
of corruption in the country.”
Elder Lama replied.

Haresh Raichura, Adv. New Delhi