October 30, 2018

When we write an article on any topic of law,lfirst thing we should consider is from whom we are writing for.

If we are writing to educate people, then our language should be simple. Use of technical words should be avoided so far as possible.

If we are writing for professional colleagues, then the words and the phrases we use should be specific. The statements we make should be authentic and, preferably references for verification should be given.

If we are writing for law students and new junior lawyers, then our words should inspire and motivate them for study of deeper aspects of law.

The point is, "Mind your audience" while writing any article on any topic of law.

October 17, 2018

In a Society where there is no checking on Ethics of Legal Profession, the lawyers who follow ethics are bound to suffer and lawyers who follow no ethics are bound to prosper.

Please note that "Misconduct" and "Standards of Ethics" are two different things. For checking "Misconduct" of a lawyer, there are provisions in Advocates Act. But there are no provisions for checking "Standards of Ethics"

Unless "Professional Ethics Boards" are set up separately, there is no way to upgrade standards of Ethics. Such Boards should consist of Panels of Senior Advocates and Retired Supreme Court and High Court Judges.". The boards need not have any powers to punish any lawyer.

It is enough if they have powers "To receive complaints", "Power to call for explanation from erring lawyers" and "Power to make recommendations to authorities already set up under Advocates Act."

At present, in India, it seems that much needs to be done.

October 7, 2018

Is Right to Justice a Fundamental Right? I have vague memories that in or around 1995, some foreign judges came to India to study why Supreme Court of India is considered strongest in the world

I have vague memories that in or around 1995, some foreign judges came to India to study why Supreme Court of India is considered strongest in the world and how they evolved "Judges appoint Judges Principle".

They were told how this Principle came about and they were further told by our judges that, "We are working on how we can have access to power to allocate necessary budgetary funds to Judiciary".

Thereafter, I saw no further progress in this direction.

I often wonder if "Right to Justice is a Fundamental Right". Only if it is held to be one of the Fundamental Rights, than only courts get power to enforce it by ordering setting up of suitable number of courts and by ordering appointments of suitable number of judges in proportion to demand for Justice and size of population.

I think this is a huge issue. A large population is involved. Evolution of laws also takes time