Speech By Her Excellency The President Of India Shrimati Pratibha Devisingh Patil At The Inauguration Of The Celebrations Being Organised To Commemorate The 75 Years Of The High Court Bar Association Of Nagpur

Ladies And Gentlemen,

I Am Happy To Inaugurate The Celebrations Being Organized To Commemorate The 75 Years Of The High Court Bar Association Of Nagpur. This Bar Has Produced Many Illustrious Lawyers And Judges, Including Justice Mohammad Hidayatullah, Who Became Chief Justice Of India And Later On The Vice President Of India. I Understand That The Nagpur Bar Association Now Has Strength Of Over 2500, Of Which About 10 Percent Are Women Lawyers. I Am Pleased To Know That In 2003, The Bar Association Elected A Lady Lawyer, Smt. Kumkum Shripurkar As Its President. My Good Wishes To All Present Here.

Events Such As These Bring Back To Me, Old Memories Of When I Was A Lawyer, Before I Joined Public Life. I Confess That My Experience As A Lawyer Later Helped Me In Discharging My Duties In Various Capacities. I Have Continued To Follow Legal Developments With Interest. In The Course Of My Discussions With Judges And Jurists, Lawyers And Law Students, I Have Emphasized Mainly Three Points, That The Rule Of Law Is The Very Foundation Of Justice; A Legal System Should Meet The Requirements Of Individual Justice, And It Must Also Fulfill The Broader Role Of Being An Instrument Of Empowerment For Society And The Nation.

The Bench And The Bar Are The Two Pillars On Which The Edifice Of Justice Rests. Members Of Both Are Involved In The Delivery Of Justice, And In Building A Credible And Upright Judicial System, Which Evokes Confidence And Respect. Lawyers Are Trustees Of Justice. They Have Important Duties To Perform In Ensuring The Protection Of Law And Avoidance Of Injustice. They Should Use Their Knowledge And Arguing Skills For Defending The Interest Of Their Clients, And Also Contribute To Society By Taking Up Socially Important Matters, And Those Of The Weaker Sections. Gandhiji, Used To Say, "A True Lawyer Is One Who Places Truth And Service In The First Place." My Advice To You Is To Follow The Path Of Gandhiji - Act Boldly, Pursue Truth, Defend Freedom And Above All, Seek Justice. In The Context Of Dispensing Justice, I Would Like To Mention One Other Statement Of Gandhiji That, "Even Justice To Be Just Has To Be Generous And Generosity In Order To Justify Itself Has To Be Strictly Just".

Historically, Legal Luminaries Have Always Played A Major Role In The Affairs Of Nations. In India, They Have Been At The Forefront Of Providing Leadership To The Freedom Struggle And Winning Independence For Us. Similarly, In Our Constituent Assembly, Members Of The Legal Profession Contributed To Finalizing The Principles And Structure Of Our Constitution, Which Lays Down The Functions Of The Legislature, Executive And Judiciary, As Well As Assures To All Its Citizens, Political, Social And Economic Justice. It Cannot Be Forgotten That Dr. Baba Saheb Ambedkar Was The Chairman Of The Drafting Committee Of Our Constitution, And He Was Also A Brilliant Lawyer.

Ever Since Independence, Our Collective Effort Has Been To Make Our Judicial System More Responsive And Modern. We Have Covered Many A Milestone Along This Path. Several Outmoded Acts Have Been Amended Or Repealed; And Processes Have Been Reformed To Allow For Alternative Methods Of Grievance Redressal. However, Issues Relating To Access To Justice Like Arrears, Disposable Rate Of Cases And High Costs Involved Require Attention. Judicial Reform Is A Topic Generating Considerable Discussion. Bar Associations And Their Members Can Contribute Immensely To The Process Of Judicial Reforms, Particularly In The Context Of Making Access To Justice For All A Reality.

The Objective Of Access To Justice, The Cornerstone Of A Responsive Judicial System, Is Intricately Linked With The Means And Ability Of Its Citizens Including The Poor, To Have A Right To Legal Recourse. However, On Account Of Court Fees And High Fees Of Lawyers, Legal Services Are Unaffordable For Many. For The Poorer Sections Of Society, Access To Justice Can Often Remain A Theoretical Concept, Rather Than A Practical Exercisable Right. To Take Care Of Situations Where Costs Must Not Constitute A Barrier To Seek Justice, Article 39a Of The Constitution Calls For Free Legal Aid To Those Who Cannot Access Justice Due To Economic Or Other Disabilities. Government Has Taken Several Steps To Make Free Legal Service Available For The Poor, The Disadvantaged And Others Who Fulfill The Eligibility Criteria. Legal Aid Cells, However, Require The Full Support Of The Legal Fraternity. I Would, Therefore, Like To Exhort The Community Of Lawyers Of Nagpur To Devote Some Of Their Time And Energy, To Secure Legal Services For People Who Are Vulnerable And Poor And, Thus Set An Example In This Regard.

When A Person Approaches The Court With A Grievance, It Is In The Expectation That The Matter Will Be Dealt With In A Reasonable Period Of Time. When This Does Not Happen, Legal Disputes Are Passed On From One Generation To Another. Cooperative Efforts At All Levels Of The Judiciary Are Necessary To Address This Situation. As A Lawyer You Should Avoid Adjournments As Much As Possible, As These Too Add To Delays In Finalization Of Matters. Lawyers Should Aim To Be Counsellors In The True Sense Of The Word. Disputes Are Inevitable, But Litigation Is Not. Many A Times People Initiate Legal Proceedings On Account Of Misunderstandings And Once In Court, The Parties Take Adversarial Positions And The Legal Battle Begins. We Need To Move Away From Confrontational Attitudes To More Consensual Approaches. Moreover, Resolution Of Disputes Can Be Done In Diverse Ways. Apart From The Formal Court Structure In India, A Number Of Alternate Dispute Resolution Mechanisms Such As Arbitration, Conciliation, Judicial Settlement And Mediation Have Been Established. These Options Should Also Help In Decongesting Courts And Bringing Down The High Volume Of Litigation In The Country. Lawyers Need To Examine When To Use Litigation To Resolve Disputes And When To Resort To Mediation. This Will Enhance The Name And Reputation Of The Lawyer As A Peacemaker.

The Legal Profession Requires Strict Confidentiality And You Must Honour This Code. People Confide In Lawyers And This Confidence Should Never Be Betrayed. The Question Of Legal Ethics And Canons Of Justice Are Very Important For The Healthy Growth Of Judicial Administration In The Country.

We Are Living In An Age When Tremendous Changes Are Taking Place In The World. New Challenges Are Emerging. Legal Systems Have To Cope With The Impact Of 21st Century Technologies In The Fields Of Information Technology, Bio-technology, Medicine And Intellectual Property. Business And Commerce Now Operate In An International Environment. Law Professionals Must Constantly Update Themselves To Meet These Challenges, And Also See How To Use Information Technology For Increasing Their Knowledge, And For Providing Better And Timely Advice To Clients. Training On Issues Such As Cyber Laws, Environmental Laws, Intellectual Property Rights And The Need For Gender Sensitivity Is Necessary. We Also Need To Raise The Quality And Standard Of Our Law Education. With Changing Times, Law Is Becoming A Highly Technical, Sophisticated And Intellectually Challenging Profession. Markets Are Growing Very Fast And Getting Integrated, There Are New National And International Laws In The Field Of Commerce And Trade, Finance And Investment, As Well As In A Variety Of New Types Of Services. It Is Necessary To Equip Our Lawyers And Law Students To Cope Up With These Dynamic And Fast Changes. In This Connection The Demand For A National Law School Is Very Significant.

I Am Confident That The Lawyers Will Meet The Challenges And Demands Of The Present And Of The Future. I Am Also Confident That Each One Of You Will Look At Your Profession As A High Calling, And Always Uphold The Dignity Of This Esteemed Profession.

With These Words, In Conclusion I Once Again Convey My Greetings To The Bar Association Of Nagpur, And Wish Each Member Good Luck.

Thank You.

Jai Hind!