UPHOLDING CONSTITUTIONAL IDEAL

Editorial GREATER JAMMU

In a country like India having the second largest population in the World, with a sizeable chunk of people living in rural areas, being illiterate and of course poor, the system under which the legal profession and litigation process run deprive this significant part of the population in getting their legal rights enforced which can by all means be said to amount to injustice with these poor people. In such a situation the poor and the disadvantaged people have no option but to silently suffer injustice. As a result in every issue litigated in India, the rich do enjoy unfair advantage as compared to the poor ultimately resulting in adversarial proceedings where parties are not equally placed thus defeating the very principles of equity. Hence it is very important to address this vital issue by adopting litigant friendly procedures recognized by law to provide justice to the financially weaker sections in the society. Though there are various mechanisms put in place under various laws but on ground these have failed to provide the desired results. It is high time that the stakeholders in the judicial system realize that this field is on the threshold of drastic transformation as a consequence of rapid technological developments and the world having been reduced to a global village. As such there is a dire need to focus mainly on the underprivileged section of the society as it constitutes the largest client and litigant bank so far as numbers are concerned. Unless the lawyers initiate the requisite changes themselves, it is not possible to achieve the desired reform necessary to put the profession in the forefront of poor section of the society. Therefore it is essential to understand that the traditional public esteem for the judiciary has been reinforced by its activism in contrast to the failure of the executive to apply correctives on matters of concern and this is particularly true of its good work in expanding the ambit of rights. It is an undeniable fact that the changing world has made globalization an unavoidable necessity and this cannot just be restricted to economics and trade policy only. When the global standards are getting extended to all the fields, the sector of dispensation of justice cannot remain untouched. Even in this vital sector today the space for local peculiarities is shrinking impliedly as an essential consequence of globalization. The sooner the concerned stakeholders adjust to it, the better it is going to be for all primarily the litigants, lawyers and judges and ultimately the eventual beneficiary will be the public. It needs to be ensured that the space for local peculiarities is not allowed to shrink at any cost. It is hoped that besides the lawyers bringing a drastic change in their mode and attitude of working, the judges too shall continue to discharge their duties objectively and impartially to uphold the principles of equity viz-a-viz the underprivileged sections of the civil society. Only then it can be said that the nation has achieved this significant ideal set in the Constitution of the world’s largest democracy in letter and spirit.