Convocation Address National Academy of Legal Studies and Research University

LEGAL SYSTEM AND ITS DIMENSIONS

I am indeed delighted to participate in the First Convocation of the National Academy of Legal Studies and Research University. My greetings to the Director, faculty members and the students of the University on this occasion. I congratulate the Director and faculty members for their contribution in shaping the graduating students and young minds to achieve excellence in legal studies.

Leadership for the first vision of the nation to achieve independence was given by the legal community, which was in the forefront of the movement. As you are aware, India has a vision of transforming into a developed nation by the year 2020. I would like to suggest the legal fraternity assembled here to think in what way they can contribute for the second vision of the nation, which is transforming India into a developed nation. I will be discussing this aspect in my talk.

Transformation of India into a developed nation requires contribution from various sections of the society, particularly from the legal community. The administration of law and justice should take into account the overall impact of the judgements on the process of societal transformation and welfare of the citizens at large. The rate of change of national development is directly proportional to the functional efficiency of the legal system and the quality of judgement. Keeping this aspect in mind I would like to share my thoughts on the topic "Legal System and its dimensions" for national development.

The universality of Law

Law and judiciary have a very crucial role to play in the development and evolution of a society. Law essentially plays the balancing role by resolving conflicts and ensuring justice and fair play when new opportunities and challenges are opening up in the developing society. In the earlier phase of Indian history, the laws formulated were basically catering to maintain the then prevailing social order, good morality and upliftment of all segments of the society. Later, the spirit and tradition of democracy which was present at the grassroots of Indian society, paved the way for establishing the supremacy and paramount importance of the rule of law. It is on this foundation that our democracy has flourished. Law has been viewed by us as an instrumentality for the good of the people and the well-being of the society. With time, the social system has gradually become more and more complex. In the present period, such complexities have further grown rapidly with modern industrialization, surge in population and resultant increase in scarcity of natural resources, providing new challenges for the legal system.

Today we have well-conceived laws in areas which were earlier unheard of. 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 Cyber Laws are getting refined. New scientific and technological knowledge like bio-technology, brain research, sensors and high performance computing systems have come into operation; laws to balance the interest of the people of today and the technological progress have to be brought about. We must remember that in the case of human institutions, the roots of the present is submerged in the past. This holds equally true for law and legal institutions. Law is not a static body of rules but is an organic body of principles capable of growth and evolution. But for any law to be universally acceptable it must rest on the premise of common welfare. I would request you, young graduates, to keep this in mind while you are on the threshold of entering into this legal profession.

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 the very soul of our nation. Nobility is the foundation of the legal system and it is the responsibility of every component of the legal system to preserve it.

Laws driven by national priorities

Opportunities for rapid industrial and economic growth today co-exist with new problems arising out of trade competition and corporate mergers and take-over. Many tiny and small sectors of industries and even artisan goods will be facing the forces of modernization in the form of market forces, technologies and other forms of public information system including advertisements. There are major issues of protecting the local and global environment. 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 reasoning 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 and Technology, People and Society. Legal instruments must maximize the benefits for our people and nation. Laws must protect the indigenous technologies and trade to the extent they impact peoples living and their welfare as well as ensure national interest.

Restrictive laws by developed countries

Many developed countries have made laws to restrict or 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 accessed by foreign entities with very little restrictions. India has successfully faced such technology denial measures adopted by certain countries. When our laboratories needed certain type of alloy steel or super computers to develop indigenous systems, certain countries imposed ban on export of such alloy steel or computers to India. 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.

Legal community must play the balancing role so that our technological growth can continue to be beneficial to our people and nation, free from undue interferences or unfair practices by any party with vested interests, domestic or foreign. Industrially developed countries are trying to make laws and treaties to protect and promote 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.

Information based legal advisory

We have to start use of Information and communication Technology (ICT) in legal dispute resolution at the grass root level. I understand that there are a very large number of civil and criminal cases under the consideration are accumulating particularly in High Courts and District Courts. Pending cases in various courts leads to enormous mental stress, agony, hatred, loss of transparency and huge loss of earning & wastage of manpower and delay in the progress of national development. ICT tools can be used to create an electronic advisory system to assist the public / local agencies as reportedly made available in healthcare through Internet. Legal Mentoring and revitalizing village panchayat system through electronic connectivity to the Courts by using ICT will create human rights awareness among the common public.

Cyber Law

Economic prosperity by 2020 will also mean that many of the Indians will be doing business in the digital world on the web. In this new era, crime, law and justice will be completely different from the present. In the present law, for example, the jurisdiction will correspond to the location where the crime is committed and where the damage occurs - very often both being the same location. Whereas in the digital world, the crime may originate from a strange place even outside our own shores and may damage organizational wealth which will be in the digital form in multiple locations. In the 20th century, a nation's business transactions and wealth creation were based on transfer of materials (atoms) from one place to the other. In the 21st century wealth is created whenever information in the form of electrons is transferred across the networks in a borderless world. Indian judicial system has to build its capacity to define jurisdictions in a way that any crime committed against India or her assets by anyone from anywhere shall be punishable by Indian law. It may be true for other countries also. The legal community must enable formulation of progressive and innovative laws for the digital economy that will be one of the vital components of a developed nation.

Conclusion

India is interested in bringing about global peace and development of the whole mankind - the present six billion people is likely to rise to about eight billion by 2020. Every human being in this planet has the right to live with dignity and has a right to aspire for distinction while retaining one's unique identity. The test of any legal framework depends on its capacity and efficacy to ensure social, economic and political justice for an individual not only in his individual capacity but also as a member of a nation or as a member of the global community. In other words, our individual and localized interests have to be harmonized within the larger pluralistic order so as to give primacy to human rights. It is necessary to work towards Unity of Minds. It is citizen's responsibility to do everything possible to make our behaviour civilized to protect the rights of every individual, without stamping out their individual characteristics and basic identity. For a peaceful human life, law and justice have to assist. If justice fails to protect human rights, the nation fails. It is the responsibility of each component of legal system to ensure that these elements of rights, justice, liberty, equality and fraternity become available to all.

I would suggest NALSAR to generate a data-base of 50 typical criminal judgements and 50 typical civil judgements from High Courts and Supreme Court. This should be put on the NALSAR website. There should be a few classes and discussions to analyse and debate the effect of these judgements on the individual, society and national development. I consider that this practical experience will re-inforce the knowledge base of future lawyers and legal experts and empower them to excel in their profession.

When you graduate from law institutions, you are carrying with you expertise in the field of law and also certain value system imparted by the teachers and the environment of the academy. The success in your profession will be dependent on your professional integrity and nobility in all your endeavours.

My best wishes to all of you in your mission of safeguarding the rights of our citizens.