Best Judiciary will do the best for India

I am indeed delighted to be here in the inaugural function of National Judicial Academy, Bhopal. I would like to congratulate the Law Commission, Ministry of Law Chief Justice of India and all others who were instrumental for evolving and establishing National Judicial Academy. I am sure that this Academy's focus will be to impart judicial and its administrative knowledge based on experience and the needs of emerging India and its billion people. Also the Academy has to build the capability of continuous research with the abundant database accumulated so for, which will assist to enhance the faculty's knowledge and thereby improving teaching and research capabilities. Such type of intensive experience and research based training will not only increase the quality of Judiciary Officers but also will reduce the number of pending court cases and the time of dealing with future cases. I was thinking what topic I can share with you in a such important quality gathering. The topic I have selected is Best Judiciary will do the Best for India.

When I was reading the speeches of the first President of the country Dr. Rajendra Prasad, in the Rashtrapati Bhavan Library, I was inspired and got the message for all of us in our country and of various constitutional functionaries including judiciary. One such speech delivered by Dr. Rajendra Prasad as chairman of constituent assembly on 26th November 1949 when it met to approve the draft constitution prepared by Dr. Ambedkar. Dr. Rajendra Prasad, in his concluding speech, observed that they had been able, on the whole, to draft a good constitution which he trusted would serve the country well. He added :

" If the people who are elected are capable and men of character and integrity, they would be able to make the best even of a defective constitution. If they are lacking in these, the constitution cannot help the country. After all, a constitution like a machine is a lifeless thing. It acquires life because of men who control it and operate it, and India needs today nothing more than a set of honest men who will have the interest of the country before them. "

Can this Academy transform officers into good human beings who can manage with a sense of purpose towards judiciary and judicial administration? Can this Academy become a beacon light for all other constituents of the Constitution? Fortunately we have a proven constitution with experience of over five decades.

Law, Is It Universal?

Law and judiciary have very important role in development of a society. Law essentially plays the balancing role and enables justice and fair play when new opportunities and challenges are opening up in the developing society. In the earlier phase of Indian history before foreign invasions, the laws were basically catering to maintain the then prevailing social order, good morality and upliftment of all segments of the society. With time, the social system had gradually become more and more complex. In the present period such complexities have further grown rapidly with modern industrialisation, tremendous increase in population and resultant increase in scarcity of natural resources. As the Law has to address the imbalances in the society and protection of all the people, gradually, in all countries, laws have progressively become more and more national and specialised in character.

Today we have well-conceived laws in various areas which were earlier unheard of, or some of them were unimaginable in the previous centuries. We already have Laws of the Sea, Laws of Air and Laws on Environment. The Intellectual Property Laws and also Cyber Laws will get a new shape. Our constitution demands defending air, land and water We have laws on them. There is a need of law for protection of Indian space above 30 kms altitude as the International Law on space may not be sufficient. As new Scientific and Technological knowledge as in bio technology, brain research, sensors and high performance computing systems come into operation, new laws to balance the interest of the people of today and the future generations as well as present and future interests of the nation have to be brought about.

Laws Driven by National Priorities

In all times and in all countries, Laws have been driven by the social, technological and national goals and priorities and usually reflect the best of human thoughts and their own consideration about the weak and the poorest of the society. Laws are framed to ensure equality of opportunities to all and fair practice in trade and related dealings. India is now on the path of rapid industrial and technological advancements

Our laws have to provide adequate protection in this national endeavour. Government has adopted policies of techno-economic liberalisation which are attracting corporations of the other parts of world. They see India as the greatest un-tapped business opportunity. India's market is one of the most attractive, and fast growing. India is world's one of the largest economies, seventh largest land area and second largest rail system, in addition to being the second largest population with young people in high percentage. India is a democratic country with very strong and independent legal set-up. Thus, they perceive India as very attractive and safe market for their goods and technologies. Further, India may attract increased amount of Foreign Direct Investment. We are also getting networked into the global economy.

This brings for us the opportunities for rapid industrial and economic growth and at the same time, the problems related to fierce trade competition and corporate merges and take-overs. Many tiny and small sectors of industries and even artisanal goods will be facing the forces of modernisation in the form of market forces, technologies and other forms of public information systems including advertisements. There are major issues of protecting the local and global environment.

Every human activity has many sided efforts on society, people, economics, culture, politics and therefore law and judiciary. Let us look at science and technology which has emerged as a strong force during the current period of human history. Basically science and technology is driven by human curiosity and in its best sense aimed at spreading benefits to all people. They are basically universal in outlook. Similarly, laws are meant to protect people, their rights and make them feel secure in the society. I think this is the common meeting ground of Law, Science & Technology, People and Society.

In addition the modern forces of business briefly described above and globalising aspects would need to be harnessed in the best interest of our people, those living now and the future generations. This cannot be achieved by economic activities and science and technology alone. Legal Instruments to maximise the benefits of our people and nation are necessary to be put in place and would need to be made to work for our people and our nation.

Laws to Promote Technological Self-Reliance

India is today making rapid strides in certain technological fronts. India has been successful in establishing good network of dams, power stations, railways, communications and a large industrial infrastructure. We are self-sufficient in agricultural food production and even export food grains and processed food products. We have also succeeded in developing our own indigenous satellites with launch capabilities; nuclear power reactors; sophisticated telephone exchanges; radar systems and satellite communication systems, many medicines and drugs which save lives and remove pains and suffering etc. In the recent years, with the successful development of state-of-the-art surface to surface missile, our scientists and engineers have demonstrated that we are capable of developing world class technological systems. The above successes have attracted mixed response from our friends in the developed world. Our drive for technological self-reliance contributes to our national prosperity, but reduces other countries' export to India.

Thus our increased strength in this direction has an adverse impact on the sale of their goods and techniques. Also self reliance in critical technologies will enable independent foreign policy. Law and judiciary must play the balancing role so that our technological growth can continue in a manner beneficial to our people and nation, free from any undue interferences or unfair practices by any party with vested interests, domestic or foreign.

With the revolutionary advancements in the fields of information technology, communications, transportation and travel coupled with good international network of banking and financial services, the markets and economies of most of the world countries are becoming more closely linked with each other. Gains of one country may lead to certain losses for other country sometimes in a catastrophic manner. Industrially developed countries are trying to make laws and treaties to protect their own national interests and priorities, instead of working for win-win partnerships. India should work for Win - Win situation even in business and trade with ethics.

Restrictive/Discriminatory Laws by Developed Countries

Many developed countries have made laws to restrict/deny export of certain class of state-of-the-art goods and technologies, in selective manner, to developing countries even while making international laws which make it mandatory for the developing countries to open their markets to be access by foreign entities with very little restrictions. Our country has successfully faced such technology denial measures adopted by certain countries. When our laboratories needed certain type of alloy steel to develop indigenous defence systems, certain countries imposed ban on export of such alloy steel to India. While we were not allowed import vital raw material, but we could get the ready-built full system from those countries. As soon as we succeeded in the development of that particular alloy steel or high performance computers, the ban on export of that steel or supercomputers was lifted. But such an unbalanced world order is something on which our legal luminaries may have to think, while framing our commitments to international treaties.

Impact of National Laws on International Equations

The post World War-II saw steady escalation of cold war tensions and a vigorous use of UN Security Council forum where the two superpowers used the 'veto power' to protect their respective interests, friends and allies. A predictable state of bi-polar world order was getting established with the UN forum providing the necessary platform for maintaining a sense of balance between the nation states of the world. The discriminatory or restrictive laws of the developed nations seemed justified on the basis of denial of technology to the enemy. However, after the collapse of the Soviet Union this east-west axis has taken a north-south orientation and the export controls and technology denial regimes now are directed mainly to the developing nations including India, to maintain the techno-economic superiority of the advanced countries. This is again the place where the universality of scientific approach to the life and the universal principles of equality and natural justice have to meet and play a key role

Second Vision for the Nation

Let me now address another crucial issue before our people and nation. After 50 years of progress, the aspirations are mounting that India should become a developed country and our people and especially children are restive. This is about the second vision for the nation. How we can prepare ourselves to this challenge? To become a developed India, the essential needs are:

(a) India has to be economically and commercially powerful, at least to be one of the four top nations in terms of size of the economy. Our target should be a GDP growth of 9% annually and have the number of people below poverty line reduced to nil or a very small part. There should be large opportunities for all our people to have a prosperous life.

(b) Near self-reliance in defence needs of weapon, equipment with no umbilical attached to any outside world and

(c) India should have a right place in world forums

Technology Vision 2020 is a pathway to realise this cherished mission. The Technology Vision 2020 consisted of 17 technology packages in the core sectors such as agriculture, food and food processing, education and healthcare, infrastructure and strategic industries. The Task Teams with nearly 500 experts of our country worked for two years, deliberated national status of various branches of national development and generated 25 documents detailing the steps to be taken for creating wealth for the nation and the well being of our people. "Technology" is a vital key for achieving the goals. The vision deals with electric power, civil aviation, waterways, engineering industries, life sciences and bio-technology, service industries and materials and processing. There are number of complex linkages between each of the technology package. As I have elaborated before Technology, Judiciary and Society form a mutually interactive system in executing this complex and important task of realizing the Vision of Developed India

Our Laws to Suit Our National Priorities

Laws, technologies, nation's priorities and people's well-being are inter-dependent and have multi-faceted relationships. Laws must protect the indigenous technologies and trade to the extent they impact peoples living and their welfare as well as to ensure national interest.

A number of our laws were framed on the basis of similar laws already in force in the colonizing countries - in our case Britain. Those laws had been framed by them keeping in view their particular societal and industrial structure. Now certain international treaties influence our national laws. There is need to innovate on new laws to suit the Indian environment so as to be able to solve our specific problems and to accelerate the overall developments of the nation. We need to frame the special laws in areas of economic growth, trade and technological developments.

Signing of International Trade Treaties, which has brought the World Trade Organisation(WTO) into being, has also brought certain challenges and opportunities, which have to be addressed by our Law. India, as a signatory to the agreement, is under obligation to amend the laws on Intellectual Property rights (IPR) including Patent Laws to bring it in conformity with the laws of the developed countries who are at the moment sitting at the height of technological advancement.

India is a signatory to the Washington Treaty on Integrated Circuits but is yet to frame laws in this field. Trade Related aspects of Intellectual Property Rights (TRIPS) also makes it obligatory for the member countries to frame laws for intellectual property protection of genetically modified micro-organisms and micro-biological processes. The TRIPS also warrants the member countries to develop their own ( sui-generis ) system by year 2005, for protection of new, distinct and stable varieties of plants. Patenting of Software is another area, which will offer fresh challenges well as opportunities to Lawmakers and Practitioners in the near future. These are the fields which have to be researched and laws have to framed to meet the international obligations under the TRIPS. I feel it will become necessary very soon in our country to set up suitable systems to deal with such cases with knowledgeable judges who will build on their experience to innovate with interests of our nation and people

Social development largely depends on economic growth of a country. Both economic growth and social development cannot be achieved in countries where the judicial system fail to be effective, un-biased, timely and conscious. For a country to become a developed nation, Judicial Officers functioning with efficiency will play a major role.

This Academy may aim at developing necessary attitudinal changes to improve judicial integrity and efficiencies. One of the recommendations that interest me from the report made by Review Commission of Working of Constitution headed by Justice M.N.Venkatachaliah is: " to cope up with the workload of cases at the lower level and also curtail arrears and delay, the States should appoint honorary judicial magistrates selected from experienced lawyers on the criminal side to try and dispose less serious and petty cases on part-time basis which would relieve the load on regular magistracy". This Academy can perhaps be a training, orientation centre for experienced lawyers before appointing them as such honorary judicial magistrates. In addition to recommending / appointing judges, National Judicial commission has properly thought of to have a very important mission of providing intensive training packages for judges at various levels and brainstorming sessions on quality and quantity of judgements given and their impact on Indian socio- economic structure.

Majesty of law and justice

Every citizen in the country has a right to live with dignity; every citizen has a right to aspire for distinction. Availability of a large number of opportunities to resort to just and fair means in order to attain that dignity and distinction, is what democracy is all about. That is what our Constitution is all about. And that is what makes life wholesome and worth living in a true and vibrant democracy.

At this point, I would like to remind all of us that at social levels it is necessary to work for Unity of Minds. The increasing intolerance for views of others and increasing contempt about ways of lives of others or their religions or the expressions of these differences through lawless violence against people cannot be justified in any context. All of us have to work hard and do everything to make our behaviours civilised to protect the rights of every individual. That is the very foundation of the democratic values, which I believe is our civilisational heritage and is the very soul of our nation. Judiciary is the guardian of civilised life. Wherever life exists in our planet, no life, by any body can be allowed to be devalued. Particularly, judiciary cannot be a mute witness to this in-human act.

Judiciary is the Angel and the Marshal that ensures that such a democracy survives. Judiciary is not simply making judicial pronouncements or enforcing law in a case. Judiciary is the whole process of interpreting the social, political, economical and human environment to ensure that that wholesome life with dignity and distinction is sustained. The edifice of justice thus stands exalted, high on a pedestal that the whole Nation looks up to. The fundamental and over-riding importance of the system cannot be overstated and the need for constantly maintaining its purity not forgotten. There cannot be any erosion of values, corrosion of quality or any cobwebs in the procedure. The majesty of law and justice has to be maintained with magnanimity and magnificence. The members of judiciary therefore become inviolable role models, the perfect incorruptible ideals of a civilized society. It is this that we have to strive for, attain and sustain.

If this Academy takes a step forward in that direction I shall sit back with satisfaction that the efforts that have gone into making this Academy possible have not been in vain

Jai Hind.