Rules must be re-engineered to make these relevant to present times : CJI

Srinagar, June 30:  Chief Justice of India, Justice D.Y. Chandrachud said on Friday that the rules must be re-engineered to make them relevant to present times.

Addressing the 19th All India Meet of Legal Services Authorities here, the CJI said that we must understand that we have inherited a judicial system when summons were served on horse back and on camels.

“We must re-engineer rules to make these relevant to the present times. Our rules were designed when summons were served on horseback and camels. Our rules are not relevant to the times," he stressed.

“Our constitution aims to create a legal environment based on liberty, equality and social justice. All of us have a salient role on demystifying and simplifying the legal system to make it accessible for the common citizens.

“When we travel and see nature as I have faced during my travel on Ladakh and Jammu and Kashmir, we can to learn that human existence is but a speck before the enormity of nature.

“Our judiciary is mostly known by the decisions we deliver or the decisions we don’t deliver and the delays. But, enormous work is done in the back offices of the judiciary and this must be highlighted," he said.

The CJI also quipped that as judges, "we are lauded and revered, thankfully we are not worshipped".

He also stressed that for people to trust legal aid, it must be competent and of desired quality.

"We need to increase the capabilities of lawyers and para-legal volunteers... encourage them to unlearn their social biases... I would urge legal services institutions to encourage more women and transgender persons to serve as lawyers and para-legal volunteers," he said.

“We must make use of social media to make people conscious of their legal rights. We, as judges, believe that we are not in marketing. The best medium to spread awareness about the legal system is by using the social media," he added.

CJI Chandrachud said across the country, there are 1,700 law colleges and these must be made into legal clinics.

Recounting a recent case about lack of awareness, he said: “Just a few months ago, I heard a case where the charge was violation of the electricity act.

“The accused pleaded guilty. He was handed down a sentence of two years in each of the nine charges.

“But the sessions judge forgot to mention that the sentences would run concurrently. The decision attained finality.

“Three years later the accused moved the high court under Section 480, saying how can I be sentenced for 18 years for electricity theft. The high court said 'sorry, the decision has attained finality and dismissed the section 480 petition.

“He eventually travelled to the Supreme Court and it had to intervene.

“I am not saying that we did something great, but to mention the fact that there are numerous people who are unaware of their rights.

"The Legal Services Act, 1987 has attempted to humanise the law and provide justice through legal aid and legal service," he asserted.

The Union Law Minister, all the judges of the Supreme Court, and the Chief Justices and all the judges of the high courts in the country were present at the meet.


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