Friday, 21 June 2013

Grass root judicial institutions - risk perception


The society with self esteem and satisfaction in a system based on law must respond to the dominant demand of the system itself and that is restoring the effectiveness of the system, influence of the system across the entire spectrum of society.
It is absurd to suggest that if the apex court is effective entire system is effective. Merely projecting the Apex court  and reassuring its majesty and glorifying the apex adjudication is never sufficient.
If we as a law ruled society we want to go by law, the values underlying the system of law, rule of law must be carried to the entire nation without further delay and the nation must be informed of that with greatest exactitude.  This can be done only by declaring the courts of first instance really effective as these grass root courts are the only foundation of our system. The grass root institutions cannot be allowed to be disintegrated or looked down upon in any way. The grass root institutions must be motivated to play this pivotal role.
In India, where is the motivation for these grass root courts to play such a role?
Their own self image as being an uncared for institution rather as unwanted institution is uninspiring. Such an image puts the rule of law in peril.  That is the apparent serious risk our society faces to-day.
This was not the result that was anticipated when the separation of powers was stipulated for  in our Constitution of India.
 Today the courts closet to the people are the most neglected ones, the institution nearest and catering to the people is feeling marginalised.
It is a risk around our grass root courts as an institution and must be firmly managed. It must be addressed urgently with vision and courage without fear or favour to all.
If this is not done immediately, the courts at higher level are not safe nor immune in any way from the same risk. After all they are also the part of the same system .

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