SPEECH BY HER EXCELLENCY THE PRESIDENT OF INDIA, SHRIMATI PRATIBHA DEVISINGH PATIL AT THE LAYING OF FOUNDATION STONE OF DISTRICT COURT BUILDING AT AMRAVATI

Amravati, Maharashtra,11th December 2011

Ladies and Gentlemen,

I am very happy to be laying the Foundation Stone of the new building of the Amravati District Court. Amravati over the years has produced a number of towering personalities in all walks of life. They include leading lawyers who participated in the Independence Movement, such as Barrister Ramraoji Deshmukh, Moropant Joshi and Rangnath Modholkar. Amravati is home to one of the oldest Sessions Courts in the State and occupies a place of pride in the judicial system of Maharashtra.

With the passage of time, pressure had increased on the infrastructure of the District Court, and there was a need to augment facilities. Plans were thus put in place to build a new court complex that would house all courts in the District, besides providing necessary amenities like Bar Room and Library Rooms. I am sure that the new building when complete, with its facilities will help in providing improved services to the people.

The judiciary is one of the most important pillars of our Constitutional system. Our judicial pyramid has a vast structure in terms of geographical spread. It begins at the level of the lower courts and goes right upto the highest level that is the Supreme Court. It is well known, that a structure is only as strong, as its foundation. The foundations of our judicial system lie in the district and their subordinate court, for it is where the majority of the litigants, knock on the doors of justice. It is also here that a large number of our judicial officers spend their early years of service; and it is from here that the appeals come to the High Court. Hence, a strong judicial structure of the lower judiciary is very important.

In the proper functioning of the justice system, apart from adequate infrastructure, in today's IT age, the use of technology is very useful. Technology has changed the way of functioning of many institutions. The E-court Project being under the National E-Governance Plan is a progressive step for the computerization of all district and subordinate courts, and for upgrading the ICT infrastructure. This will help in the better management of courts and in rendering better services to citizens.

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, and the rule of law. The canvas of law and the collective framework of the legal machinery is an organic part of society.

In fact, a democratic form of government must be based on the rule of law that advocates the absence of arbitrary power and equality before law. The Constitution of India provides a powerful framework for the protection and enforcement of basic rights of the individual and rejects the arbitrary use of power; its provisions reflect a commitment to promote the rule of law. Its Preamble, 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. Our Bar and Bench has upon itself the onerous responsibility, of not only ensuring that rule of law does not render itself fragile, but also link the wheels of law, with the expectations and aspirations of the people and the changing needs of time, so as to render the greatest welfare for the greatest number and particularly the good of the marginalized and deprived sections.

India has produced some of the most brilliant lawyers and judges who have helped in the interpretation of law and its implication in diverse fields. Our Courts have established themselves as independent and credible bodies. Their many judgments and their legal acumen have been appreciated universally, with many countries seeking to emulate our judicial structure and processes. For the sustainable growth of judicial administration, legal ethics and canons of justice are very important as these will make the system fair and competent. The basic postulate that justice should not only be done, but it must also be seen to be done, is a constant reminder of the high standards that must be maintained in delivering justice. Moreover, a judge today must be acquainted with the latest judicial pronouncements, as well as trends in jurisprudence in the context of the 21st Century requirements, which include issues such as cyber laws, environmental laws and Intellectual Property Rights. The need for gender sensitivity is also very necessary.

On the other side, lawyers have their own role to play in the judicial system. The legal profession is a great calling, that provides an opportunity to serve the people and at the same time to serve the cause of justice. As Mahatma Gandhi said, "A true lawyer is one who places truth and service in the first place." We all must honour this code.

The doors of the court are open to all; however, access to justice for all is a task, that we must admit remains to be completed. Approaching a court continues to be a daunting prospect for many, since navigating through the legal processes is not only complicated, but also expensive. These aspects need consideration. Affordable legal services which are delivered in a specific time frame will make legal recourse a practical and functional option. The Constitution provides for free legal aid and Legal Aid Cells have been set up accordingly. However, these require the full support of the legal fraternity. I would therefore like to encourage the lawyers of the Amravati District Court, to give some of their time and energy, to secure legal services for the vulnerable and poor.

Today, our formal court system is burdened. Other ways within the system to resolve disputes between parties like Alternate Dispute Resolution, including arbitration, conciliation, negotiation and mediation must be encouraged. This can decrease the cost and time of litigation, improve access to justice and preserve social relationships. Such methods can play a significant supplementary and complementary role.

Being at this function brings back old memories of when I was a lawyer, during the initial phase of my public life. I confess that my experience as a lawyer later helped me in discharging my duties in various capacities. I have continued to follow legal developments with interest, and have always looked forward to my discussions with Judges and Jurists, lawyers and law students. I am sure that those from the legal fraternity gathered here today, will be guided by the Constitution, the commitment to the rule of law and a spirit of service to humankind, as they come to their chambers everyday, to work and practice. I wish you all the very best.

Thank you.

Jai Hind!