SPEECH BY HER EXCELLENCY THE PRESIDENT OF INDIA, SHRIMATI PRATIBHA DEVISINGH PATIL ON THE OCCASION OF THE GOLDEN JUBILEE CELEBRATIONS OF THE KARNATAKA STATE BAR COUNCIL

Bangalore, Karnataka, 6th August 2011

Ladies and Gentlemen,

I am happy to be here to participate in the celebrations of the Golden Jubilee of the Karnataka State Bar Council. While extending my greetings on this occasion, I urge the members of the Karnataka State Bar Council to continue with their efforts to strive for excellence and grace in their profession. As this year also marks fifty years of the Advocates Act of 1961 which governs legal practice, I take this opportunity to convey my special greetings to all lawyers of the country. Lawyers play a pivotal role in addressing the grievances of the people, and they are an essential part of a law-based society.

The legal profession is a special calling. It demands a clear recognition of the deep connection between the axioms of justice, truth and welfare. Our civilization, since its very beginning, has given a place of primacy to the concept of 'dharma', which entails actions and conduct that can sustain societies in an orderly manner. A fundamental premise of dharma is a just approach. Our freedom struggle which sought liberation from colonial rule was also a quest for justice. Legal luminaries not only led our freedom movement, but were instrumental in drafting our Constitution, which was the starting point of our efforts to govern ourselves through the establishment of institutions, and processes that would uphold the values of our civilization, as we build our free nation. The Preamble of our Constitution, first and foremost, promises to secure for all its citizens, justice that extends to the social, economic and political fields. Justice is mentioned alongwith liberty, equality and fraternity, the collective philosophy that forms the bedrock of our democracy.

The basic objective of the legal apparatus in the country is to uphold constitutional principles, and its basic structure of federalism and separation of power, as well as to interpret laws in the interest of national development and human dignity. Delivering justice is a responsibility of all participants of a judicial system. The Honourable Judges, the lawyers, the litigants and investigating agencies, every one has a role to play to ensure that justice is dispensed in a timely and inexpensive manner, which at the same time is fair. This imposes an obligation on each of the stakeholders to conduct themselves in a manner that builds faith and confidence in the system, and contributes to national stability.

Our Courts have established themselves as independent and credible bodies. I hold our judiciary in high esteem. Their many judgments and their high standards of legal acumen have been appreciated universally, with many countries seeking to emulate our judicial structure and processes. As any other living institution does, the judiciary should also constantly assess and evaluate its functioning to see how far objectives have been met, and whether it is responsive to the needs of the time, and in dealing with emerging issues. We are living in the era of globalization and information technology. Globalization has resulted in a greater movement of people, businesses and technologies across borders. This means having a deep understanding about these issues. Bangalore being one of the IT hubs, not only of the country, will be well aware of the impact of these flows, and how law is becoming a highly technical, sophisticated and intellectually challenging profession.

Technology has thrown up issues which were unheard of a few years ago, like cyber crime and hacking. How to deal with these will require new thinking and new knowledge. In this background, the one aspect that stands out is the need for constant upgradation of skills. This could be done through training on issues such as cyber laws, environmental laws, intellectual property rights and the need for gender sensitivity. I therefore, call on our lawyers and our judges, to focus on preparing themselves for future challenges. I am informed that the Karnataka State Bar Council has been conducting training camps for advocates, with senior advocates and jurists being the resource persons. I appreciate these efforts and these must continue vigorously.

Technology has also changed the way we function. Online posting of case lists, orders and judgments of the Supreme Court and the High Courts by making legal knowledge more accessible, assist lawyers, judges and also legal researchers in their work. The E-court Project for computerization of all district and subordinate courts, and for upgrading the ICT infrastructure, will be helpful in improving the functioning of courts and rendering better services to citizens.

Securing access to justice for all is a task that we must acknowledge, remains to be completed. Approaching a court remains a daunting prospect for many, since navigating through the legal processes is not only complex, but also expensive. Court fees and high fees of lawyers make legal services unaffordable for many. These aspects need consideration. Affordable legal services which are delivered in a specified time frame will make legal recourse a practical and functional option. To take care of situations where economic or other disabilities do not constitute a barrier to legal recourse, our Constitution provides for free legal aid. Several steps to make free legal service available for the poor, the disadvantaged and others who fulfill the eligibility criteria have been taken. Legal Aid Cells however, require the full support of the legal fraternity. I would, therefore, like to encourage the community of lawyers of the Karnataka State Bar Association, to devote some of their time and energy, to secure legal services for people who are vulnerable and poor. We should also move forward decisively to establish Gram Nyayalayas at the grass roots level, as provided for in the Gram Nyayalayas Act, 2008. This would provide access to justice at their doorsteps, and address many difficulties of our rural population in particular commuting to and from courts.

What are the other ways in which advocates can help? Firstly, lawyers have a special duty to render correct advice to their clients, particularly on the suitability of litigation. It would greatly help the future litigation scenario, if there is responsible litigation, and frivolous cases are avoided to reduce the burden on the judiciary. An attempt should also be, to consciously promote resolution of disputes, through alternate dispute settlement mechanisms and mediation. I hope that the Karnataka State Bar Council joins in the effort to promote awareness about mediation services. In February 2008, I participated at the First Anniversary Celebrations of the Bangalore Mediation Centre, and there I said that the best path for lawyers is to follow in the footsteps of Gandhiji, realizing that the true function of the lawyer is to "unite the parties riven asunder".

The legal profession requires strict confidentiality. It is a must to honour this code. People confide in lawyers, and this confidence should never be betrayed. The question of legal ethics and canons of justice are very important for the healthy growth of judicial administration in the country. It is often said that, if you follow ethics then even if you lose a case, you do not lose your client. Retaining the faith of the client is also a measure of your success.

Lawyers play a significant role in building a just society, and I am confident that they will continue to do so in the future, as they have in the past. They are important opinion makers and their role extends beyond the court rooms. Their capacity to influence has to be utilized in a responsible manner. I would urge each one of you to always uphold the dignity and grace of your profession. With these words, in conclusion I once again convey my greetings to the Karnataka State Bar Council, and wish each and every member good luck.

Thank you.

Jai Hind!