SPEECH BY HER EXCELLENCY THE PRESIDENT OF INDIA, SHRIMATI PRATIBHA DEVISINGH PATIL, AT THE CLOSING SESSION OF THE DIAMOND JUBILEE OF GAUHATI HIGH COURT

Guwahati, 4th April, 2009

I am pleased to be in Guwahati once again, this time to participate in the closing session of the Diamond Jubilee Celebrations of the Gauhati High Court, which since its establishment has maintained high standards of judicial values. It has produced lawyers and judges of eminence, who have enriched the legal field with their knowledge, learning and erudition. The High Court also has to its credit, that Janab Fakhruddin Ali Ahmed, the first President of its Bar Association, who went on to become the President of the Republic.

It is a well known fact that administration of justice is fundamental for building fair and stable structures of societies and nations. Its importance is summed up in the words of Socrates, the great Greek philosopher that "nothing is to be preferred before justice". Therefore, through ages whether in the West or in the East or in our own land, there has always been a deep interest in the principles and attributes of justice. In India, justice was governed by Dharma and the aim of a judicial process was to discover the truth. Megasthanes, the envoy of Alexander at the court of Chandragupta Maurya in the 3rd century B.C., is known to have remarked that truth is held in high esteem here. In fact, the ultimate goal of every institution of India is to uphold the inspiring motto enshrined in the words inscribed in our National Emblem - "Satyameva Jayate" - Truth alone triumphs. This was the touchstone spelt out for the judiciary by Motilal C. Setalvad, the first Attorney General of India, who while speaking at the inaugural sitting of the Supreme Court in January 1950 had expressed the hope that Courts would earn reverence through truth.

Within our constitutional framework, the judiciary is conceived as the upholder of democracy and freedoms of individuals and indeed of the Constitution itself. There have been several occasions when the judiciary has been called upon to interpret the basic principles of the Indian Constitution. In its pronouncements, the judiciary has displayed an understanding of the fine balance of power between institutions, the intricate system of checks and balances and the basic guiding principles of our nation. This has contributed to strengthening the rule of law and the democratic framework in the country.

The Gauhati High Court is unique, in the sense, that it exercises jurisdiction over seven North-Eastern States. Its task is onerous, as the region is full of wide variations of geography and it is inhabited by a diverse population, including a number of tribes each with its rich tradition of customary law and practice. On the other hand, this variety increases the resource base of law and requires that while administering justice in certain spheres, these should be taken into account. In the hill regions here, a conciliatory rather than an adversarial approach is adopted in the settlement of disputes. I am told that this process is not only expeditious, but its decisions are long lasting. Such successful models and experiences hold an example for the country. They should inspire confidence in the alternate dispute mechanisms in the country - whether it is mediation or conciliation or arbitration. These options can be swift and cost-effective which, at the same time, reduce pressure on the already overburdened normal judiciary structure.

Today, we are passing through an age of questioning. Society demands from each institution the justification and relevance of its existence. A system that seeks to be relevant cannot afford to stand still. It must constantly look at itself to identify and to review its own functioning to enhance its performance. As a living institution, the judiciary, like other institutions has sought to understand change and to evolve accordingly.

When a person knocks at the door of justice, he does so because he has a grievance and in the expectation that the matter will be dealt with in a reasonable period of time. This brings me to the concern about the rate of disposal of cases and the huge backlog. I have sometimes heard that legal disputes are passed on from one generation to another. Though, I have been told by your Chief Justice, that the pendency in this High Court is comparatively less than that in others. However, innovative ways for addressing this situation and cooperative efforts at all levels of the judiciary are necessary. I had the occasion to glance through a lecture on judicial reforms delivered by the Chief Justice of India, Hon'ble Justice K.G. Balakrishnan, in October last year, where he made an interesting suggestion. He said that Courts should ensure that within the next 3 years not more than 5 percent of cases pending before them, should be more than 5 years old. Implementation of this would go a long way in dealing with pending cases and will also set a time frame for disposal of litigation.

To make a system dynamic and to increase its efficiency requires the enhancing of the capacity of its human resource and making use of technology. I am glad that the High Courts are using the training facilities of the National Judicial Academy in Bhopal for their own, as well as their subordinate judicial officers. This should help in improving the professional competence to deal with new challenges. The Court should also make use of information and communication technologies. Predictability about when a case would come up along with the dates of hearing would also save litigants a great deal of time and money in visiting courts just to find out about the status of their case. This would go a long way in enhancing the confidence of litigants in the judiciary.

The question of legal ethics and canons of justice are very important for the sustainable growth of judicial administration in the country. High standards of judicial ethics will make the system fair and competent and thus, ensure that the judicial pillar of our governance framework remains strong. The Courtroom is a sacred place and the conduct of its proceedings must be smooth and orderly to maintain court decorum.

The doors of the judiciary are open to all. However, recourse to justice is an expensive proposition. Many, particularly those of the disadvantaged sections of society, are unable to afford the associated costs and this makes access to justice for all, an unfulfilled mission. Our Constitution guarantees free legal aid to the weaker sections of society. The National Legal Services Authority along with civil society groups, has undertaken efforts to establish a national network of legal aid centres. Lawyers must come forward to join in this endeavour. As part of their social responsibility they can consider undertaking a few cases of the weaker sections of society free of charge every year. It is through such kind of steps, that law and the judicial system can be instruments of social welfare.

Another important aspect of access to justice is enhancing legal literacy. Empowering the citizens is also making them aware of their rights, duties and obligations. This also requires an effort on the part of various stakeholders, the legislators, the Bar and the Bench to make the language of the law simple, so that it is understood easily by the people. Legal literacy is important for making people aware of legalities involved in an issue and sometimes, it contributes to avoiding frivolous litigation.

Complex issues in today's age of globalization and its ramifications both in terms of benefits and fallouts as evident from the recent financial crises; poverty existing along with very high levels of wealth; the growth of organized violence and new crimes such as cyber-crime - all these pose fresh challenges that the judiciary will have to meet in the future. The task undoubtedly is enormous and overwhelming. Expectations too are high. But we are confident that both will be met without compromise and with utmost resolve.

In conclusion, I would like to convey my good wishes to the members of the Bench and the Bar of the Gauhati High Court and its benches in different states. My good wishes. I am confident that your efforts to deliver justice will meet with success.

Thank You.

Jai Hind.