Chief Justice of India (CJI)-designate NV Ramana mentioned on Sunday that poor high quality of authorized training, together with different points, was to be blamed for staggering pendency of instances throughout courts within the nation.
“There are many substandard colleges in the country, which is a very worrying trend… One of the consequences of the poor quality of legal education in the country is the exploding pendency in the country. There are nearly 3.8 crore cases pending in all the courts in India despite the large number of advocates in the country,” mentioned justice Ramana, as he addressed the convocation ceremony of Andhra Pradesh-based Damodaram Sanjivayya National Law University.
According to the National Judicial Data Grid (NJDG), the full variety of pending instances within the subordinate judiciary (courts beneath the extent of the excessive court docket) was 37.2 million on the finish of January 2021. More than four million instances have been pending in excessive courts at the moment. As on March 1 this yr, the Supreme Court had over 66,000 pending instances.
The situation was additionally flagged by authorities think-tank Niti Aayog. In its 2018 technique paper, titled “New India @75”, the physique underscored that on the present fee of disposal of instances by courts, it will take greater than 324 years to clear the backlog. The complete variety of instances pending on the time was 29 million.
Delivering his handle nearly, justice Ramana identified that though round 150,000 college students graduate from legislation schools yearly, however lower than 25% of them are literally prepared for the occupation.
“This is in no way a comment on the graduates themselves, who certainly possess the required attributes to be successful lawyers. Rather, it is a comment on the large number of substandard legal educational institutions in the country, which are colleges merely in name,” he mentioned, including that the judiciary was additionally making efforts to enhance the scenario.
Justice Ramana mentioned that authorized graduates needs to be made to grasp from the very starting in regards to the true obligation of a lawyer, which was to unite folks. He additionally mentioned they need to get sensible expertise by way of affiliation with lok adalats, authorized assist centres, and arbitration and mediation centres throughout their research.
“Lawyers can play an important role in reducing the pendency by advising their clients to settle their disputes at the pre-litigation stage itself. They should also give proper advice to their clients as to how to pursue their legal claims without abusing the process. They must keep in mind not only their duty to their clients, but also their duty to the courts, to society and to the law,” he emphasised.
Imploring graduates to behave as “the conscience bearers of the nation”, justice Ramana mentioned that they’d an obligation to render voice to the unvoiced and contribute to society.
He additionally lamented that the training system was at present not geared up to construct the character of the scholars, or to develop social consciousness and accountability.
“Students are often caught in the rat race. All of us should therefore make a collective effort to revamp the educational system to ensure that students can have the right outlook to their career and life outside,” mentioned justice Ramana.
On March 24, Chief Justice of India SA Bobde designated the second most senior choose, justice Ramana, as his successor. Justice Bobde retires on April 23 and justice Ramana will turn into the 48th CJI the following day. He will serve until August 26, 2022.
Manan Kumar Mishra, senior advocate and Bar Council of India chairman, informed HT: “The BCI is taking all possible steps and we now have an advisory committee to prescribe standards of legal education. This committee, incidentally, is headed by justice Ramana.”
Mishra added that BCI has additionally imposed a three-year moratorium in August 2019 for opening of recent legislation schools as a measure to cease mushrooming of establishments with out ample infrastructure and correct teachers.
“You must have good law teachers too if you want good lawyers. Be it affiliation of law colleges or having competent teachers, universities have the first and foremost responsibility. BCI’s role is limited to giving approvals once universities grant affiliation. But we are still taking utmost steps to ensure improvement of quality of legal education,” mentioned Mishra.
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