Indian Legal System � Universal Yet Unique -- Cyber Legal Aid

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Date Posted: 01:46:09 12/05/07 Wed
Author: Iti Yadav
Subject: Indian Legal System � Universal Yet Unique

Indian Legal System � Universal Yet Unique
Iti Yadav

Indian Legal System is one of the oldest in the history of the world. It has changed and evolved over centuries to imbibe inferences from legal systems around the world. The Indian Legal System has the Constitution of India at its fountain source. Drawn mainly from the British Legal System, the Indian legal system exhibits the Anglo-Saxon character of judiciary. The Indian Legal System draws extensively from Western legal traditions in its enunciation of the principles of liberal democracy. It is distinguished from many Western systems, in its elaboration of principles reflecting aspirations to end the inequities of traditional social relations and enhance the social welfare of the population. No other national constitution has provided so much impetus towards changing and rebuilding society for the common collective welfare. There are many countries around the world who still do not have a written constitution, nor a constitutional court nor believe in the doctrine of separation of powers or the doctrine of supremacy of the constitution over other legislation.

The Indian judiciary is well regarded domestically and internationally for its progressive role in interpreting various provisions of the Constitution with a view to promoting social justice. Expanding the interpretation of the fundamental rights enshrined in the Constitution, overcoming restrictions based on rules relating to locus standi, creating new avenues for seeking remedies for human rights violations through public interest litigation pleas and promoting genuine judicial interventions in the areas of child labour, bonded labour, dowry, clean and healthy environment, and women�s rights are a few examples of successful judicial intervention to uphold the rule of law and ensure justice.

The Indian Public Interest Litigation is the improved version of the PIL of U.S.A.
PIL represents the first attempt by a developing common law country to break away from legal imperialism perpetuated for centuries. It contests the assumption that the more western the law, the better it will work for economic and social development. The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal legal system. The changes are both substantial and structural. It has radically altered the traditional judicial role so as to enable the court to bring justice within the reach of common man.

Being a land of mixed cultures, India has a legal system, which accommodates personal laws, which are applicable to different religions and communities. However, such personal laws are always subject to review, interpretation and unification by the apex court and legislative bodies for better administration of justice. On the other hand western legal system does not accommodate personal laws for the communities. India has, for long, successfully practiced a sophisticated secular system in which religious rules govern and courts adjudicate on, such matters as marriage, divorce, family relationships and possibly family property, while a secular system with state courts cover the wider and finer areas of public and commercial law.

The fact that India is one of the most populated countries in the world with most diverse cultures co-existing, the magnitude and complexity of implementation of justice understandably leads to delay in administration of justice. Over two million cases are pending in 18 High Courts alone and more than 200,000 cases are pending in the Supreme Court for admission, interim relief or final hearing. And it takes anywhere between 5 to 15 years for a case to be decided in an Indian Court. However, it is heartening to learn that the Indian judiciary is already taking a progressive step in this regard by leveraging the benefits of Information Technology. The use of information technology, to a great extent, would bring regimentation in functioning and faster and effective administration justice. While curbing adhocism, information technology will save millions of man-hours, tens of thousands of liters of petrol and diesel consumed on commuting to Courts by lawyers and their clients.

Another point of contention in regard to Indian judiciary is the absence of effective Jury nullification, which refers to the rendering of a not guilty verdict by a trial jury, disagreeing with the instructions by the judge concerning what the law is, or whether such law is applicable to the case, taking into account all of the evidence presented. Under English law the jury system was established because it was felt that a panel of citizens, drawn at random from the community, and serving for too short a time to be corrupted, would be more likely to render a just verdict than officials who may be unduly influenced. Such a system would fail in India, where the judges are already overburdened with cases and the administration of justice is painfully slow, as it would result in further delays and denial of justice.

Whatever said and done, the legal talent in India is one to be reckoned with. We have the best legal talent and the current Legal Offshoring trend is a clear indicator to the relevance of Indian legislation and the credentials of the legal professionals in India in the international context. No wonder, more and more companies from the US and UK are Offshoring legal support services to India. The Indian legal professionals are highly motivated, highly intelligent, and extremely process-oriented. The so-called brain drain is happening in the legal profession as well and will certainly have a positive effect on the Indian economy and legal system.

The Author is a Legal Associate with Corplo Legal Outsourcing Private Limited, New Delhi.
She is reachable at iti.yadav@corplo.com

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