10Address the issue of granting legal aid to the poor but, enough has not

been done and the system requires further augmentation and

strengthening, particularly on giving such people services of good and

competent lawyers and not just lawyers. Unless the advocates provided

(by legal services authority) are competent and hard working, no useful

purpose is served by making their services available to the poor litigants.

Legal Service Authorities have to take suitable steps to ensure that they

empanel only reputed counsel of proven ability and integrity, in whom the

poor litigants may repose trust. There is reluctance on the part of senior

counsel to come forward, to provide legal aid to the needy persons. They

have to be persuaded to acknowledge their social obligations and provide

their service to the weaker sections, without expecting any remuneration

either from them or from the Legal Service Authorities. In developed

countries viz. United Kingdom, the Government maintains a panel of very

competent and experienced advocates for providing legal aid to the

defendants in criminal cases and pays adequate remuneration to them. In

our country, the State cannot afford to pay the fee being presently

commanded by successful Advocates. It must nevertheless pay

reasonable compensation, so as to attract talented and reasonably

experienced advocates to legal aid panels. Legal services authorities

should ensure that such panels are manned only by service oriented

advocates and are not used for the purpose of dolling out favours to the

kiths and kins of the powers that be or to advocates who do not want to

11Work hard and join such panels merely for the purpose of earning their

livelihood.

Legal Literacy:

The benefits of social welfare legislations have not been able to

achieve their intended purpose due to ignorance on the part of the target

citizens about the availability of various welfare schemes initiated by the

governments from time to time. Legal literacy will make the citizens aware

of their legal rights and obligations, including their right to receive legal aid

from the State. The services of law students can be effectively utilized in

spreading legal literacy and facilitating negotiated settlement of disputes.

Legal aid camps are an effective tool for spreading legal literacy,

encouraging people to resolve their disputes amicably and availing the

benefit of legal aid, wherever required by them. I will urge all the students

of this illustrious law college to devote part of their time in attending legal

aid camps and spreading legal literacy. Not only will they be able to serve

the weaker sections of the society, they will also prove to be better lawyers

and better human beings.

2. Independent Judiciary:

An independent judiciary is the backbone of a good judicial

governance. Rule of Law and judicial review are the basic features of

Indian constitution and independence of judiciary is an essential attribute of

12Rule of Law. Administration of justice requires judiciary committed to the

constitution and law of the land. Judiciary must, therefore, be free from

pressures or influence from any quarter. The oath which Judge takes

before he enters upon his office, requires him to perform the duties of his

office without fear or favour, affection or ill-will. This solemn affirmation is

the bedrock of the faith of litigants in the judiciary. The ultimate saviour of

an independent judiciary is a brave and fearless judge who truthfully

discharges the duties of his office without in any manner being influenced

from any quarter. A judiciary manned by judges with vision, wisdom and

compassion can do more justice and the welfare to the underprivileged

than all the laws and policies we can think of.

Sir Harry Gibbs, Chief Justice of Australia defined an independent

judge as:

“That Judge who has nothing to hope for, nothing to

fear, in respect of anything done in the performance of

his judicial functions, that Judge who is able

successfully to resist pressures of any kind.”

The concept of judicial independence, takes within its sweep,

independent from any pressure or prejudice. It has many dimensions

including fearlessness of other centres, whether economic or political and

freedom from prejudice acquired and nourished by the class by which the

judge belongs. The judiciary stands between the citizen and the state as a

13bulwark against executive pressure, excesses and misuse of power by the

executive. It is, therefore, absolutely essential that it should be free from

executive pressure or influence and our constitution contains elaborate

provisions to secure this requirement.

3. Ethics and Honesty in Governance:

Integrity, impartiality and fairness of judiciary are the main sources of

public acceptance of its authority. The very existence of judicial institutions

depends upon the judges, who constitute the system. They should never

forget that they hold the office of a judge as a public trust and therefore,

should continuously strive to retain the confidence reposed in them by the

people. No system of justice can rise above the ethics of those who

administer it. Lord Denning has stated “when a judge sits to try the case

he himself is on trial before his fellow countrymen. It is on his behaviour

that they will form their opinion of our system of justice.”

Judges do not have the power of sword or purse. They only have

the moral authority based upon the confidence of the public in them and so

long as they maintain that authority their orders will be respected and

complied. It is necessary to maintain highest standards of integrity,

rectitude and impartiality, so as to maintain that confidence.

A Judge should be conscientious, just, impartial, indifferent to

private, political or partisan influences, indifferent to public praise and