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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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Towards an effective judiciary

The article, “Judiciary — crisis within: New ideas needed to make it effective” by Justice S. S. Sodhi (April 25) is thought provoking. Transparency, accountability and expeditious adjudication of judicial cases are the need of the hour. It will be disastrous for the country if the judiciary’s credibility and impartiality come under a cloud.

Presently, with a few exceptions, politicians and officers are far more influential, powerful and less scrupulous than they were earlier. It is only the vigilant, active and assertive judiciary which can surely check the arbitrary and despotic powers of the executive.

Never ever the mystique of the adage that “Justice delayed is justice denied” must be lost sight of. Justice Warren Burger, the former Chief Justice of the US Supreme Court once observed: “The harsh truth is that we may be on our way to a society overrun by hordes of lawyers, hungry as locusts, and brigades of judges in numbers never before contemplated.


 

The notion that ordinary people want black-robed judges, well-dressed lawyers and fine panelled courtrooms as the setting to resolve their disputes, is not correct. People with legal problems, like people with pain, want relief and they want it as quickly and inexpensively as possible.

Nani A. Palkhivala once asked Sir Noshirwan Engineer, Advocate General of India in 1947, how he viewed the legal system of administration of justice. He answered: “I am inclined to the view that it is better to have Kazi Justice where one wise man decides what he thinks is right and that is the end of it.”

GUR RATTAN PAL SINGH, Advocate, Chandigarh

II

Justice Sodhi, author of The Other Side of Justice, has once again hinted at the “crisis” within the judiciary in his article (April 25). He has also suggested some important measures to curb reckless adjournments and judicial delays.

For example, the suggestion that the number of appeals available in our system should be reduced to two (instead of the existing three) merits a fair trial. For, this single step alone can improve the speed and quality of justice assuming that only judges of impeccable integrity are put to man our courts.

Incidentally, it is time to set up the Indian Judicial Service on the lines of the Indian Administrative Service to attract talent and calibre to the Bench.

Prof MOHAN SINGH, Amritsar

Deterioration of values

Every right thinking Indian shares the concern voiced in the editorial, “Shame of Doraha” (April 12). There has been a steady deterioration of moral values in society, especially among the teaching fraternity. We know the cause of this moral degradation.

Today, the world is deeply influenced by the West, which is a free society, where there is no place for Indian cultural and moral values. In the West, marriage is a social contract, but here it is sacred. The uncontrolled and uncensored new world is vitiating the brains of our people, especially the children. Every barrier is getting crossed. This is the reason why there are so many instances of eve-teasing, extra-material affairs, run-away brides, molestation, rapes, etc.

It seems there is no safe place for the weak, vulnerable and unprotected human beings. Only impartial investigations and quick delivery of justice to the victims and harsh punishment to the culprits can help restore people’s faith in the system. The media too can play a vital role in mounting public pressure by exposing and following up such cases.

ARVIND DHUMAL, Advocate, Jalandhar


 

Private education

Of late, the government is encouraging private participation in all its ventures for economy and efficiency. School education has been made compulsory for all and laying great stress on opening new schools and upgrading the existing ones at a huge public expense.

A substantial slice of the Budget is eaten up by expenditure on establishment and incentives such as mid-day meals, free books and uniforms for children. Every year, the surcharge on income-tax and cess are increased to augment the resources.

All this expenditure can be saved if the school education is privatised. The Haryana government’s decision to transfer the management of a large number of schools to Airtel appears to be a step in the right decision.

The money thus saved can be used for setting up new professional institutions of engineering and management. These institutions are the need of the hour in view of 27 per cent reservation for the OBCs.

There is no dearth of philanthropists in the country who would be delighted to bear the financial burden of school education. The quality of education may also improve in private hands as has been the experience. The results of DAV, Hindu, Sanatan Dharam, Khalsa and Dyal Singh institutions have always been better than the state-run educational institutions.

V. S. CHAUDHRI, Ex-Chairman, Haryana School Education Board, Karnal

 


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