LAW RESOURCE INDIA

CJI Kapadia laments lawyers’ disinterest in law

Posted in CJI SPEECHES, JUSTICE, LAWYERS, SUPREME COURT by NNLRJ INDIA on March 13, 2011

TIMES OF INDIA

AHMEDABAD: Chief Justice of India S H Kapadia on Saturday rued the fact that neither senior lawyers nor students of law take any real interest in their subject – law. “Senior lawyers are not contributing to development of law, as they used to do in the past. Even young students do not take interest in this pursuit. Earlier in the Supreme Court, such students used to come, sit in courtrooms and take notes. But now they disappear in five minutes. They are more interested in transaction matters. There is nothing wrong in it. But how many can now argue on reasonableness?,” said Justice Kapadia.

The CJI was speaking on ‘Constitutional Morality’ at the sixth Justice P D Desai Memorial Lecture organised by the Praleen Charitable Trust here. Justice Kapadia advised students from various universities present at the function not to rely totally on information downloaded from internet. “Please do not go by guides and internet. You have to put in hard work. Money will not make you happy, but it’s the learning that will,” he said adding that the future generation of lawyers should be able to argue on doctrine of reasonableness and principles.

The CJI praised India for its vastness of opportunities by citing his own example as how he began his career as a peon in a Parsi trust and how he reached the top post of judiciary. “Ability may take you to the top, but you require character to remain on the top,” he said advising young lawyers to maintain integrity in their profession. Justice Kapadia also advised judges not to lecture society. “The problem is that sometimes we judges impose our own values, our own likes or dislikes on the society. The judges should keep in mind that we cannot judge the wisdom of legislatures. We have to work for constitutional principles. I have no right to say what others should do, but I have to perform the duty on constitutional principles,” he said. The CJI also said that courts these days faced the challenge of balancing the rights and the society’s interests. Without mentioning the recent SC’s ruling in CVC P J Thomas appointment case, Justice Kapadia said “Now take the case of balancing points. What is more important to the appointment of higher office? Presumption of innocence or presumption of institutional integrity and competence?”

He discussed the issue of maintaining balance between environment and development. He also spoke about objectivity and inter-generational equity. Those who attended the function included former SC judges, Chief Justice of Gujarat high court S J Mukhopadhaya, other sitting judges and senior lawyers.

4 Responses

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  1. Venkatesh P. Dalwai said, on March 13, 2011 at 11:59

    We need to develop efficiency at gross root level and such sutdents who become advocates could be the one to decide fate of many either by presenting the case or by writing the judgment. Colleges and BCI must take steps to reform professional standerds.

  2. P.S.Subbaraman said, on March 14, 2011 at 16:48

    It takes a very long time for a young junior lawyer to learn and earn , so the frustration starts there.A software professional earns more in his young age whereas a young junior lawyer finds it difficult even to eke out his living. The briefs come to a lawyer only in his /her old age but at the old age ,the health of the Advocate does not cooperate. The minimum criteria marks to enter legal professional must be at par with the other professions but the BCI is a silent spectator to the reforms in the legal education.The Government must ensure minimum stipend for Junior Advocates atleast for five years from the date of enrolment.

  3. b.ravi kumar said, on March 14, 2011 at 23:38

    crime no 57/2009 kollam homicide wing is a case of culpable homicide of a 24 yr old malingering woman on 14/12/2004. The charge sheet is yet to be filed. I am the fourth accused. This is the handiwork of the I/O to GAG me from telling the TRUTH in the court.

  4. WASIM AHMED KHAN said, on April 17, 2011 at 01:50

    Legal Profession is indeed a noble profession and therefore all the members of this profession should try to handle it with devotion, determination and dedication. Earning money alone should not be the criteria but service to community and society must be the paramount consideration. Earlier, it was believed, for a new lawyer, first 10 years of practice, as learning period,the next 10 years as learning and earning period and thereafter only earning and earning period. However nowadays more importance is being given to earning rather then learning. Needless to say, a lawyer is regarded as a learned man with ample knowledge over the subject. If we respect and uphold our professional values, it will give us recognition and fame followed by money. As such, those who want to serve the poor, needy and the community at large should preferably enter into this noble profession. Once i happened to read,that in Japan, before entering into law course, the students have to decide in advance whether they will become private advocates, government pleaders or join judicial service, by specifically choosing the particular branch with no option to change it subsequently. Therefore the Hon’ble Chief justice of india is right in saying that ability may take you to the top but you require character to remain on the top. So it is a hightime now that we start doing justice to our own profession, by maintaining its dignity, decoram and noble values.
    WASIM AHMED KHAN
    ADVOCATE HYDERABAD.


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