Speech by Hon'ble President of India, Shrimati Pratibha Devisingh Patil, at the Inauguration of the Maharashtra Judicial Academy at Uttan, Mumbai

Ladies and Gentlemen,

I am very happy to inaugurate the Maharashtra Judicial Academy. Ever since its Foundation Stone was laid by the Chief Justice of India in December 2007, many have waited for this day. The reason being that the Academy is expected to fulfill the vital responsibility of providing training to members of the Higher as well as the Lower Judicial Services, with the aim to upgrade their skills and broaden their knowledge base.

This Academy has been established by the Bombay High Court - one of the oldest in the country. Over its long and distinguished history, the High Court has delivered many path breaking judgments. A number of eminent legal luminaries began their careers here as did many prominent judges of High Courts and the Supreme Court. Hence, it is but natural that there are great expectations from the Maharashtra Judicial Academy.

It is well known, that a structure is only as strong, as its foundation. The foundations of our judicial system lie in the district and in its subordinate courts, for it is from here that the appeals come to the High Court. The majority of the litigants, who knock on the doors of justice, do so at these levels. It is also here that a large number of our judicial officers spend their early years of service. Thus, it is very important for those who man these courts, to be given the best continuing legal education. A judge must be acquainted with the latest judicial pronouncements as well as trends in jurisprudence in the context of the 21st century requirements. Training on issues such as cyber laws, environmental laws, intellectual property rights and the need for gender sensitivity is necessary. Familiarity with E-Courts Information Technology would be useful in better management of courts and in improving the disposal rate of cases.

The Academy, I hope, will reinforce the foundations of the justice dispensation system under the Bombay High Court and make it more robust. People are the lifeblood of institutions; therefore, the best available training is very necessary for law officers who attend courses at this Academy. With such training, the faith of our people in the judiciary shall be further strengthened.

Those eminent personalities who took part in the debates in the Constituent Assembly, which drafted our Constitution, saw an independent judiciary as the bastion of freedom, to which the people could look to with confidence. The Preamble anchors our institutions to the principles of justice, equity and fair-play. Judicial performance is also embedded in these ideals. The temple of justice is expected not only to ensure justice between individuals but also between the individual and the State as laid down in our Constitution. In discharging this significant responsibility, it is expected of the judiciary not to mechanically view the corpus-juris as a body of arid prescriptive rules but as a positive instrumentality for dispensing distributive justice and generating a climate of good governance. As trustees of justice, the judiciary is one of the trinities of democracy and our founding fathers had envisioned mutuality between the three wings illumined by respect and reverence for each other.

Our judiciary has fulfilled its duty with a sense of commitment and responsibility. It has interpreted the Constitution keeping in mind its basic structure and spirit, and has upheld the Fundamental Rights of citizens. Through its sagacious and creative interpretations, the judiciary ought to combine the finest traditions of jurisprudence with the over-arching constitutional ideals of inclusive and egalitarian society, to buttress its progressive role of linking the wheels of law with the expectations and aspirations of the people and to the changing needs of the time. Such approaches would impart more dynamism to the legal system. Our people continue to repose great hope on the judiciary and they respect the judiciary as well. Therefore, it is important for the judiciary to remain in the high esteem of the people and to be seen as being capable of maintaining high standards of probity and good functioning.

I may be repeating a well known fact but it is worth mentioning. We live in an Information and Communication Technology age that brings with it a higher level of scrutiny of all institutions and their performance. Also, the people are constantly judging the conduct and deliverability of the services of institutions. Transparency and accountability are the touchstones. The judiciary has had a long history of following the highest principles of conduct and of upholding law in an upright manner. I am confident that such a record would inspire it to meet the challenges of administering justice in a fair and equitable manner. As Mahatma Gandhi said, "Even as justice to be justice has to be generous and, generosity in order to justify itself has to be strictly just."

One of the major issues confronting the judiciary is the huge backlog of cases. Cases have taken an inordinately long time to come to conclusion and the litigants have not been able to lead normal lives, unsure of the verdict in their case. The old maxim says justice delayed is justice denied. Innovative ways of dealing urgently with the high pendency of cases must be found. I am aware that the judicial officers are working hard and are confronted with an ever rising pace of fresh litigation. Nevertheless, solutions need to be found for those waiting for justice since long. This brings me to the subject of judicial reforms - an exercise which would require the stakeholders - the Government, the Legislature, and the Judiciary to work together so that the system can be made more transparent, effective and more people-oriented. This could include revising many of our legal codes and laws which are old and outdated as well as strengthening the institutional aspects of the Judiciary.

The cost of access to justice has become high and, indeed, expensive, whether it is in terms of court fees or lawyers' fees. This has given rise to worrisome doubts about access to justice especially for the weaker sections of our society. As a part of the Fundamental Right of the equality before law, it is our bounden duty to ensure that justice is accessible to all. Options like mobile courts, particularly in remote areas; a wide network of legal assistance for the poor with the willing involvement of committed lawyers as well as a predictable schedule of hearings can be useful in this endeavour.

Alternative Dispute Settlement Mechanisms have been recognized as a good methodology to reconcile differences. I am happy that the Maharashtra Judicial Academy will have a Mediation Centre and Training Institute that will impart relevant tools for effective mediation of national as well as international disputes. Mediation is not new to us. The villages of India traditionally relied on the Panchayat justice system. Parties would state their case and efforts would be made to reach a consensus. The modern-day mediation process is similar to the Panchayat system in the sense that it strives for a solution acceptable to parties. Experience, the world over, has shown that an understanding arrived at between parties is rarely reopened. Further, as mediation is a voluntary process, it reduces the possibility of corruption, a malaise afflicting our system. Moreover, an important benefit is that mediation is a cost effective method.

It is necessary that each citizen behaves in a manner in which law and good conduct is a way of life. This is the basis of a stable and strong nation. I am reminded here of what Chanakya wrote:-

Which means - Law, duty and morality sustain the world.

With these words, I convey my good wishes to Chief Justice Swatanter Kumar and to all judges of the Bombay High Court. I also wish the Maharashtra Judicial Academy, every success in training law officials and in contributing to building a more efficient system for the dispensation of justice.

Thank you,   
JAI HIND!