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Saturday, December 10, 2005 |
"Justice should be
cheap and speedy." THESE are two important statements made by India’s first Prime Minister Jawaharlal Nehru during his lengthy speech on the afternoon of March 19, 1955. He was addressing members of the Punjab High Court at the inauguration of its new building in Chandigarh. Speaking partly in English, a language, which, he remarked in wit, had great influence and force, and partly in Hindustani (a mix of Hindi and Urdu), Nehru said, "Justice in India should be simple, speedy and cheap. I have no doubt that the Punjab, which is more wide awake and enterprising than other states in India, will take a lead in this matter." Nehru remarked that litigation was a disease and it could not be a good thing to allow any disease to spread and then go out in search of doctors, complaining at the same time that doctors were not available. The health of a
community, he said, should not be judged by the large number of patients
who are treated in the hospitals but by the small number of patients
that the hospitals may have to attend.
Similarly, Nehru said, the legal disease of a country or the state would be judged not by the large number of cases and the demand to increase the number of judges of the High Court. In fact, he added, they (state and legal fraternity) should see that there is as little of litigation as is possible. Referring to the adage that justice delayed is justice denied, Nehru stressed that disposal of cases must not be delayed. "To first allow a disease to spread and look for doctors would be the same thing as allowing litigation and then looking for judges. Preventive measures are always better than curative." Profusely praising the
"gorgeous building", the Prime Minister said it had the look
of an "open building". He remarked that the new building was
the kind of building where justice should be administered because there
was hardly any need of having something of a closed nature.
Administration of justice was no secret and, therefore, a high court
building should be "open" also. He was glad that the new High
Court building had been constructed in that manner.
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