Clear unambiguous laws and rules are the key to justice and often suffice in themselves to serve the ordinary citizens, Narendra Modi told a jam-packed gathering of lawyers at Delhi’s Talkatora Stadium on Friday, organised by Senior Advocate Ram Jethmalani under the banner of “Lawyers for Modi”.
Regretting that Governments and Parliament make laws with so much ambiguity and in so much haste that litigation becomes inevitable, Narendra Modi observed that as Chief Minister he had experienced that the Indian system of drafting laws is defective. This is a problem that needs to be addressed professionally as universities have not taught this aspect of law, for if well-drafted laws are vetted by lawyers before coming to the Assemblies or the Parliament for debate, the number of cases that clog our courts will automatically decline.
The sanctity of institutions is the strength of our democracy, the BJP’s Prime Ministerial candidate said, and for democracy to work, we must trust and respect our own systems. The Congress party, however, has done its utmost to destroy or pervert our constitutional institutions, beginning with the misuse of the office of the Governor to attacking the CAG and controlling the CBI, he charged. It is now attacking the prestige of the Supreme Court and the Election Commission, he said, referring to Foreign Minister Salman Khurshid’s outburst against both bodies in London recently.
The job of the Foreign Minister is to increase the respect of the nation abroad and protect its prestige, Narendra Modi pointed out, but this Minister, who has also been the Union Law Minister, humiliated our institutions on foreign soil. This is most unfortunate, he said, as in this global era of competition, a foreigner planning to come to an Asian country for investment purposes will first assess how its judiciary will protect him in the event of a problem; but if the Foreign Minister himself taints the Supreme Court, what respect will it inspire in others? Worse, as a lawyer himself, the Foreign Minister questions the wisdom of judges to decide if men with criminal backgrounds can fight elections or not.
Similarly, his attack on the Election Commission has stunned the whole world. Narendra Modi said that in the first election of George Bush Jr as President, it took America 12 days to complete the process, but in India the Election Commission delivers the results in just 12 to 15 hours, yet the Foreign Minister complains that three Election Commissioners decide what political parties can say in their election campaigns. By demeaning the very institutions that the nation is justly proud of, the Congress Minister is merely preparing the party’s excuses for its inevitable defeat. Of course, the Gujarat Chief Minister said, there can be legitimate problems with these institutions that must be solved, but this does not mean that we destroy them. “Democracy is an article of faith and not a mechanism for getting power”, he said.
Pointing out that India has a huge share in the global BPO business, Narendra Modi said that the next frontier that needs to be breached is Legal Process Outsourcing (LPO) as young Indian lawyers are good at multitasking, are gifted with analytical minds and language proficiency and have a fair knowledge of the legal systems of the world. Hence, he exhorted law firms to enter this field and get work for our young lawyers. Currently, China is leading in the job war and India is nowhere in the picture, so we must make plans to grab our share of the job market as 65 per cent of our population is below the age of 35 years. India must assure the world of a real time response and cost effective management of cases, and seize this new opportunity that is beginning to open up, he urged.
For law and order to improve, it is imperative to visualise the opportunities and challenges as the criminal world is miles ahead and financial crimes are paramount. The use of technology makes it possible for a hacker anywhere in the world to steal somebody’s bank account, and such economic offences and cyber crimes will increase in coming days, to counter which forensic science education is imperative. Law faculties must teach the importance of forensics and train lawyers in this domain, the Gujarat Chief Minister said, adding that his State was the first in the world to open a Forensic Science University where judges and lawyers are taking courses as technology will play a major role in the delivery of justice in the future.
It is important to increase the faith of ordinary citizens in the judiciary as a pillar of democracy, especially as the political biradari as a whole is not held in high esteem these days, Narendra Modi said. For this, we must empower lawyers in small towns so they can deliver qualitative work. In Gujarat, he said, the Taluka Bars were provided with access to all judgments via a government-funded e-library, which improved the quality of their research and arguments and saved court time (by reducing adjournments), the cumulative impact of which was felt upwards to the level of the High Court. With latest judgments available online, all lawyers began to avail of the service. To do this, the State Government raised its legal budget from Rs 100 crore in 2001 to Rs 1200 crore at present.
Looking pleased and relaxed at the sheer rapture in his audience, Narendra Modi joked that whereas he had never received so much as a parking ticket in his life, a political strategy hatched in Delhi had entangled him in some legal issues. Without elaborating, he said that for ordinary litigants the legal system was next to god. The freedom struggle was led by lawyers committed to truth, be it Mahatma Gandhi, Sardar Patel or Babasaheb Ambedkar; even revolutionaries like Veer Savarkar hailed from this profession. This is because the spirit to fight and even to die for justice is in the DNA of lawyers and that why in this profession is so critical to democracy. Indeed, a nation earns respect on the basis of the functioning of its judicial system.
Referring to a request for affordable housing for young lawyers, Narendra Modi said that it was his “sankalp not sapna, vaada nahin iraada hai” that when India celebrates 75 years of independence in 2022, every family including the poorest of the poor would have its own home. This would not be just four bare walls, but a functional lodging with toilet, water and electricity, and easy access to schools for children and medical aid if needed. This, he emphasised, will trigger a major revolution in the economy, with factories running to capacity to provide the necessary building materials, and enormous employment opportunities for youth. All Indians must be able to live with respect, he concluded.
MDMK leader Vaiko and Ram Jethmalani also addressed the gathering.
Niticentral.com, 15 March 2014
http://www.niticentral.com/2014/03/15/clear-laws-are-key-to-justice-modi-200301.html