Indian Judiciary Has Always Been At The Forefront In Shaping A Welfare State: CJI NV Ramana
Sparsh Upadhyay
14 Nov 2021 9:47 AM GMT
"Indian judiciary has always been at the forefront to make our country a welfare state. The country's history tells us that the constitutional courts (with the constitution at their hearts) have always stood up for the marginalized", said Chief Justice of India, NV Ramana while speaking at the Valedictory Ceremony of Pan India Legal Awareness & Outreach Campaign.This was a pan India...
"Indian judiciary has always been at the forefront to make our country a welfare state. The country's history tells us that the constitutional courts (with the constitution at their hearts) have always stood up for the marginalized", said Chief Justice of India, NV Ramana while speaking at the Valedictory Ceremony of Pan India Legal Awareness & Outreach Campaign.
This was a pan India legal awareness and outreach programme/campaign and was carried out from 02nd October 2021 to 14th November 2021 with the aim and object to reach every town and village of the country.
During the 6-week long period, the Legal Services Authorities organised awareness & outreach activities reaching each and every person residing in the rural, tribal and far-flung areas of the country.
Remembering the first Prime Minister of India, Pt. Jawaharlal Nehru, CJI Ramana said NALSA is important for a healthy democracy. He also stressed that the ADR methods like mediation and Lok Adalats should be popularised and also emphasised the need to sensitize and train the grass-root workers.
Observing that people who suffer, do not need well-dressed lawyers or buildings, they just need the eradication of their pain, CJI further said that the Legal aid practitioners, who are trained in handling the cases of the marginalized communities can make great changes.
Significantly, he also said that the Supreme Court and the High Courts are aware of the responsibility reposed to us by the Constitution. He called the Chief Justices of the HCs as the head of the family of the state judiciary and asked them to take care of their judicial family.
"We have handled the responsibility entrusted to us by the constitution and the immense trust reposed on us by the people as the last recourse of justice," he further added.
He also said that the decisions of Courts have a huge impact on people and therefore, the decisions must be written in simple language, and it is necessary for constitutional courts to function with utmost independence.
The CJI said that the Supreme Court and the High Courts of the Country have been handling the responsibilities entrusted by the Constitution with utmost sincerity and commitment.
"The immerse trust reposed by the public at large upon the judiciary, as a last resort of hope, stands testimony to this fact. The Supreme Court and the High Courts are hugely conscious of the Constitutional scheme, which is honored in letter and spirit by all of us. It is, primarily, the ability of Constitutional courts to function with absolute independence and necessary boldness in the face of adversity, that defines the character of our institution. Our ability to uphold the Constitution sustains our impeccable character. There is no other way to live up to the faith of our people," CJI Ramana further added.
Noting that in the year 1933, it was the prevailing view in the British House of Lords that Poverty is a misfortune for which the law cannot take any responsibility at all, CJI Ramana said that nothing much was done by the ruling colonial power to alleviate the plight of the Indian masses.
"The fundamental mission behind the independence movement was to find a life of dignity and equality for all. The struggles and aspirations of our people shaped our Constitution, the document which promised us an egalitarian future," he added.
Significantly, CJI Ramana highlighted the fact that said that the stark divide between the haves and have nots is still a reality and he further noted that no matter how many cherished declarations we successfully arrive at, in the face of poverty, inequity, and deprivations, it will all seem pointless.
Continuing further, he observed that despite being a part of a welfare state, benefits are not trickling down to the intended beneficiaries at the desired levels and that people's aspirations about leading a dignified life are often met with challenges, one of them, primarily, being poverty.
Against this backdrop, he lauded the intensive awareness campaign launched by NALSA as it observed that the schemes and activities of NALSA act as a necessary bridge ensuring access between the benefactor and the beneficiary.
Speaking on the importance of the High Courts, CJI Ramana said that the Constitution bestowed greater responsibilities on the High Court. Not only it is a Constitutional Court but also is a fact-finding court. Being concerned locally, High Courts are better placed to consider local peculiarities to render absolute justice.
Regarding the importance of the state judiciary, CJI Ramana said thus:
"The State judiciary, being closely associated with the people, has to be sensitive and aware about their problems and practical difficulties. In particular, it needs to be cognizant about both victims and as well as accused and must facilitate their emergency needs. After all, the law needs to operate humanely. Remember, it is the trial court which is approached first by a woman in distress, a child in need of care, or an illegal detenue."
Lastly, stressing that without a robust justice delivery system at the grass-roots level, we cannot imagine a healthy judiciary, CJI Ramana said that nothing is more important than to preserve, protect and promote the independence and integrity of the judiciary at all levels.
Lauding the efforts put in by the Executive Chairman of NALSA, Justice Uday Umesh Lalit, CJI Ramana said that he didn't want to compliment Justice Lalit more as there may be नजर in this. He also complimented Union Minister of Women and Child Development of India, Smriti Irani saying that she is clear in her thoughts.
He also appreciated Union Law Minister Kiren Rijiju and called him a fine gentleman.
Lastly, he said that he is blessed to have the patronage of the President Of India and further offered 'sincere thanks' to PM Narendra Modi and the Government of India for extending all necessary help and for giving a boost to the legal aid movement in the Country.
Speaking at the event, Attorney General KK Venugopal said that Justice Ramana and Justice Lalit have lived by the words of Swami Vivekanand that one should not look back – forward, infinite energy, infinite enthusiasm, infinite daring, and infinite patience – then alone can great deeds be accomplished.
"They have worked with full enthusiasm to make sure that every individual is made aware of his/her right and the benefits available to them regarding legal aid. This Pan India program has been a giant leap forward to meet the goals of Articles 21 and 39A of the Constitution. The poor, illiterate, and semi-literate will forever be grateful to CJI Ramana, Justice UU Lalit, and Justice Khanwilkar for their efforts." added the AG.
The event was attended by Supreme Court judges Justices U. U. Lalit, A. M. Khanwilkar, Attorney General for India K. K. Venugopal and Union Minister for Women and Child Development Smriti Irani, apart from CJI NV Ramana.
