Independence of judiciary is an important pillar of Indian democracy. We as members of the legal fraternity have a dominant role in ensuring that the justice delivery system functions free from fear or favour, and the faith of the public in institutions is protected.
Holding various rosters now, I have come across a number of cases, where due to the pendency of appeals, applications, poor litigants and even senior citizens remain deprived of their rights for decades awaiting justice. I have asked the registry to list these regular matters on a daily basis to dispense justice to these underprivileged people. I also call upon the members of the bar to cooperate with the Court and help in ensuring timely and speedy disposal of these cases. Apart from this, the members of bar, the Bench and the legislative bodies must collectively work towards making the administration of justice more affordable and accessible to the ordinary citizens by simplifying the justice delivery system as well as simplification of the legalese and the legal language, so that a common citizen can understand and avail of the same.
While the introduction of Environmental Impact Assessment has paved the way towards a greater level of consciousness about justice towards the environment, we also similarly require a Judicial Impact Assessment for our laws. Judicial Impact Assessment simply means analysing the likely cost of implementing a legislation through the courts and helping deliver timely justice to litigants. Litigation demand depends on a variety of factors most of which are not factored in the making of laws. This results in the court system being left with little or no extra resources to cope with additional cases generated by new laws. This is the main reason why despite increased disposals every year, courts are still crowded with mounting arrears of cases. With “One institute, One law” – engaging our bright young law students in these projects to audit these legislations will be a brilliant initiative, with each law school taking up one major legislation to study. The principles of interpretation which are applied in our Courts today are that of the Western jurists like Maxwell and Craies. However, in our country we had developed from very early times a scientific system of interpretation known as the Mimansa Principles and these were regularly followed by our renowned jurists like Vijnaneshwara (author of Mitakshara), and Jimutavahana (author of Dayabhag). Most of these principles are rational and scientific and can very well be applied even today. Knowledge of Mimansa Principles enables us to creatively develop the law. Unfortunately, there has not been much effort to explain these principles. The advent of Anglo-Saxon Law and the colonisation is responsible for this lack of study.
No doubt these principles of interpretation were initially evolved to resolve conflicts in connection with the meaning of rules governing performance of the Yagya, but gradually these principles came to be accepted for interpreting legal texts as well. It was, therefore, natural that our great commentators like Vijnaneshwara, and Jimutvahana had utilised these Mimansa principles whenever faced with any ambiguity or conflict in the various Shastras.
The Mimansa principles are in two respects superior to Maxwell’s principles of interpretation, viz.: First, these can be utilised not only for interpreting statutes but also judgements, whereas Maxwell’s principles can only be used for interpreting statutory law. Second, these are more detailed and systematic. Therefore, in my view, we should not blindly ape the Western Jurists and go on discarding our own ancient and traditional ideas if these are useful and relevant. When India is celebrating its 75th year of Indian Independence – Azaadi ka Amrit Mahotsav, where we as Indians have steadfastly resolved to become a developed nation and to shun all the relics of colonialism. Decolonisation of the Indian Legal System is an important pillar for achieving this milestone. Therefore, let us as judges and lawyers resolve that we shall make all out efforts to Indianise our legal system. One step that can be undertaken by each one of us today is by studying our Indian schools of interpretation and applying these in our pleadings, arguments and judgments.
(The article is excerpt of the speech by Justice CD Singh on January 11, 2023, at an event organised by Akhil Bharatiya Adhivkta Parishad, Delhi on the occasion of the National Youth Day)
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