There can not be instant justice but there can not be constant delays either, says the Vice President
Urges all stakeholders to work towards reducing the pendency of court cases
Suggests making court proceedings in local languages for a people friendly justice system
Supreme Court should have 2-3 benches across India - VP
Calls for fast tracking the cases related to legislators, defections and election petitions
Involve people in not only in drafting of schemes in their implementation also
Delivers the Virendra Bhatia Memorial Lecture on Pillars of Democracy
The Vice President, Shri M. Venkaiah Naidu today called for immediate and collective efforts by all stakeholders – the government, bar and the bench to reduce the heavy pendency of court cases in the country.
Delivering the Virendra Bhatia Memorial Lecture on Pillars of Democracy in New Delhi today, the Vice President said that “there can not be instant justice but there can not be constant delays either”. Otherwise people become restive and try to take law in their hands, he added.
To make judicial process more people friendly, Shri Naidu called for undertaking court proceedings in local languages so that people can understand it.
He also suggested that Supreme Court should have 2-3 benches across India. “No constitutional amendment is required for such a move”, he said, adding that currently people have to come to Delhi from all over India to file their cases. “They have to stay for many days in Delhi and it is expensive”, he added.
The Vice President also opined that there is a need to decide upon the certain category of cases in time-bound manner such as the election petitions and criminal cases against sitting MPs and MLAs.
He also called upon the presiding officers of legislative bodies to decide upon the disqualification proceedings under anti-defection law in a time-bound manner. “Judiciary should also give priority to such cases”, he stressed.
He expressed concerns that any delays in justice delivery in such cases erode public confidence in the judicial and legislative bodies.
Shri Naidu said that an efficient, the transparent, accessible and affordable judicial system is a key touchstone of good governance. It can improve ease of business as well as ease of living. It instills confidence in the government.
Commenting of the functioning of the legislature, the Vice President said that a general perception is building up that the quality of debates in the Parliament and the State legislature has been declining.
He appealed everyone in legislature to introspect to make constructive contributions for the welfare of society. “There is right to protest in democracy but not for obstructionism”, he added.
He asked the executive to give priority to the oppressed and to those living on the margins of society. People should be actively involved in not only drafting of various schemes and programs but also in their implementation, he emphasised.
Mentioning the four pillars of democracy- the Legislature, Executive, Judiciary and the Media, Shri Naidu said that each pillar must act within its domain but not lose sight of the larger picture.
“The strength of a democracy depends upon the strength of each pillar and the way pillars complement each other. Any shaky pillar weakens the democratic structure”, he said.
Shri M Venkaiah Naidu also stressed the need to bridge the many divides in our society by establishing an effective mechanism for every organ of the governance to perform to the best of abilities. Improving the quality of life of people and translating the Swarajya into Surajya must be our focus, he said.
Recalling Shri Virendra Bhatia’s contributions to nation as a practising lawyer, and as the member of Rajya Sabha, Shri Naidu said that Shri Bhatia had the rare distinction of holding all three important posts in the State of Uttar Pradesh namely- Advocate General of U.P., Chairman Bar Council of U.P. and the President of the High Court Oudh Bar Association on four occasions.
Justice Ashok Bhushan, Supreme Court of India, noted lawyer Shri Soli Sorabjee, Senior Advocates of the Supreme Court, Shri Rakesh Dwivedi and Shri Gaurav Bhatia were among the dignitaries who graced the occasion.
Following is the full text of speech –
“I am delighted to be present here to deliver the Virendra Bhatia memorial lecture on an important subject – Pillars of Democracy. I am thankful to the organizers for inviting me to share my views with all of you.
On the 26th of November, we celebrated Constitution Day and recalled the visionary ideals embedded in our Constitution and the need for the three wings or pillars of our country’s governance structure to be further strengthened.
I am happy that this year’s Virendra Bhatia Memorial Lecture is focusing on the pillars of Indian Democracy because we are at a point where we need to honestly review the functioning of the three pillars and take steps to further strengthen them. It is appropriate that we are remembering today the immense contribution made by Late Shri Bhatia, in his long and distinguished career to two important pillars- to Judiciary, as a practising lawyer, and to the legislature as a member of Rajya Sabha.
Born on 22nd April 1947, at village Sheikhupura, in Sialkot, Pakistan, Shri Bhatia went on to become the Advocate General of Uttar Pradesh.
He had the rare distinction of holding all three important posts in the State of Uttar Pradesh namely:- Advocate General of U.P., Chairman Bar Council of U.P. and the President of the High Court Oudh Bar Association on four occasions.
Shri Bhatia took the initiative to address the problem of lawyers and initiated many important welfare schemes for lawyers.
Dear sisters and brothers,
The strength of a democracy depends upon the strength of each pillar and the way pillars complement each other.
Any shaky pillar weakens the democratic structure.
Each of our three pillars, the legislative, executive and the judiciary need to be strong- Strong in their professional competence, Strong in their high ethical behaviour and Strong in their commitment to national development.
Each of our pillars needs to be independent in its exercise of powers but organically linked to the other two pillars through the cementing the bond of national unity, integrity and prosperity.
Over the last seventy years, our country has emerged as the world’s largest and one of the best functioning Parliamentary democracies in the world.
The legislatures have been, by and large, responsive to people’s needs and aspirations. Many laws have been enacted, Constitution has been amended 103 times to make our governance system a much better one than before.
Of course, there is always room for improvement.
There is a general perception, of late, that the quality of debates in the Parliament and the State legislature has been declining. It is sometimes disturbing to see that disruptions have become a more common occurrence than before. It saddens us when acrimony and emotional outbursts tend to dominate the proceedings.
The executive pillar has been striving to reform itself to serve the country by implementing the policies formulated by the legislatures. This translation of policy intent into programmatic content and ensuring effective delivery of services is a crucial aspect of a functioning democracy. Putting the people at the centre of policy making, making sure that the benefits of democratic functioning reach the marginalized is at the heart of a vibrant democracy.
Effective dissemination and enforcement of various laws and implementation of people-centric schemes bolsters the foundation of our democracy.
The ability to involve the people and make them agents of change qualitatively transform the quality of polity to the next level.
In fact, democracy thrives and sustains its relevance and strength only if the people are at the centre of the circle of development.
As Mahatma Gandhi had said, “the outermost circumference will not wield power to crush the inner circle but will give a strength to all within and derive its own strength from it”. According to Gandhi ji, instead of a hierarchical pyramidal structure, we should have an oceanic circle where “the last is equal to the first or in other words, no one is to be the first and none the last”. Gandhiji knew this was a utopian vision but still postulated it as a necessary vision to aspire for. He had said, “Let India live for this true picture, though never realizable in its completeness.”
Devolution of power to local bodies, creating basic infrastructure, improving service delivery, making governance people-friendly, transparent and just can help us move closer to the Gandhian dream. As we pay our reverential homage to the father of our nation, we should internalize the central messages in his life.
The third pillar is the judiciary. It is an important pillar that ensures that the laws of the land are implemented in letter and spirit and a sense of justice and fair play pervades in society. It has the onerous responsibility to interpret laws to ensure that the legislature and the executive adhere to the constitutional framework and enact and implement laws in consonance with the basic tenets of our Constitution.
Sisters and brothers,
Like the legislature and the executive, judicial processes should become more and more people-friendly. It is the responsibility of all to ensure that justice delivery mechanisms must be accessible, credible, equitable and transparently even-handed.
Pendency of cases in various courts is a cause for concern. Immediate action and collective efforts by the bar and the bench are needed to reduce this heavy pendency. Justice delayed is justice denied.
There is a need to decide the certain category of cases that are time-bound like the election petitions and criminal cases against sitting MPs and MLAs. We must ensure that election petitions, criminal cases, and disqualification proceedings under anti-defection law must be decided in a time-bound manner. On matters and cases relating to the disqualification of a member of the legislature who change parties, the chairperson of the legislative bodies also must set a time frame.
Any delays in justice delivery in such cases erode public confidence in the judicial and legislative bodies.
Crimes against women are also great matter of concern. We should make the institutions that are responsible for law enforcement and dispensing justice more agile. We need more fast track courts. In fact, the processes itself should be fast tracked. Speed and objectivity are the key ingredients of an efficient judicial system.
We are currently in the midst of a national debate on the state of justice dispensing system.
We can not afford to weaken our institutions either through inaction or dysfunctional dilution of standards.
An efficient, the transparent, accessible and affordable judicial system is a key touchstone of good governance. It can improve ease of business as well as ease of living. It instils confidence in the government.
We should prevent a dangerous downslide into anarchy and a path of unchecked exercise of authority. Sooner we set our house in order the better it is. We must revamp the system and revitalize it and enhance its responsiveness.
Sisters and brothers,
Media has emerged as the fourth pillar because of its pervasive presence and unmistakable influence in shaping public opinion.
The existence of a free and objective media committed to lend voice to the voiceless is the cornerstone of a healthy democracy.
The Indian media has played this role quite creditably barring a few exceptions at some moments in history like during the emergency.
However, with there have been some disturbing trends in recent times with the advent of the internet, commercialization, changes in ownership patterns and “news coloured with views”, the spread of fake news, paid news and propaganda.
Like all other institutions, media too should have its own mechanism of checks and balances. There has to be a code of ethics that needs be voluntarily adhered to more as an article of faith and as an expression of media’s commitment to professionalism.
As we celebrate the 70th year of adoption of the Indian Constitution, we must take a firm resolve to strengthen all institutions to serve the people. There is a need to reorient, rededicate ourselves towards building a better world for everyone. All organs of government, the pillars of this edifice must work towards safeguarding the nation’s interest.
It is a delicate balancing act. Each pillar must act within its domain but not lose sight of the larger picture. It is like an orchestra, a symphony where each musician plays his or her part but is mindful of producing harmonious music. That’s the ultimate aim, the goal. To create an India we can all be proud of.
Improving the quality of life of people and translating the Swarajya into Surajya must be our focus.
As India makes steady progress on all fronts, we need to keep our foundations strong. We have to reinforce the common vision of inclusive development. We need to bridge the many divides in our society. We need to be receptive to new ideas from all over the world and build on our best traditional values. We must be mindful of our fundamental duties enshrined in our Constitution.
All the pillars must make a conscious effort to transform themselves into the best in the world. We should look back only to gain confidence to move ahead. We should be proactive and forward looking. As a prominent Telugu poet, Gurajada Apparao, had said in one of his immortal poems,
వెనక చూసిన కార్యమేమోయి?
మంచి గతమున కొంచెమేనోయి
మందగించక ముందు అడుగేయి
వెనుకపడితే వెనకే నోయి!
(What’s the point in always looking back?
You must look forward and into the future,
You must not slow down, you must not be diffident,
You must march into the future with courage and confidence.
If you don’t, you will be left behind ! )
My compliments to Shri Gaurav Bhatia and his family members for instituting this memorial lecture to keep alive the spirit of actively contributing to national development exemplified by Virendra Bhatia ji.
Jai Hind!”
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VRRK/MS/MSY/RK