District courts ‘foundation of our justice system’, says V-P Dhankhar, ET LegalWorld
The judiciary is the most important aspect of India and no court is “subordinate”, Vice-President Jagdeep Dhankhar said on Sunday. Addressing the inauguration ceremony of the AIR Library for Advocates at the Rajasthan International Centre in Jaipur, Dhankhar also called district courts “the foundation of our justice system”.
He said, “Why do we call the most important organ of our judicial system ‘subordinate’? This word needs to change and so does the mindset — no court is subordinate.”
“When a magistrate or district judge writes a judgment, they have a doubt in their mind about what comments would be made about their judgment. That judgment affects their futures as well and we should have sympathy for them,” he added.
Dhankhar also highlighted the need for better resources and support for legal professionals working in difficult circumstances.
He said, “I would insist that if we want to make justice accessible and affordable, we must pay special attention to the district courts, our magistrates, district judges and young lawyers… who work in very challenging circumstances.”
The vice-president further asserted that India had a robust and independent judiciary.
“Our judiciary, from the Supreme Court down, is globally respected for its intelligence, commitment, integrity and constant availability,” he claimed.
“Bar and Bench — these are two words but their soul is one. There should never be any division between them,” he added.
Dhankhar also spoke on the Covid period, saying even some lawyers in the Supreme Court left the profession during that time.
“If someone leaves such a profession, then it is a big comment on you and us,” he said.
Calling for collective effort to address the paradox of the condition of lawyers despite quality legal education, Dhankhar said, “We have to take care of young lawyers, we have to invest in them. There should be a collective effort for this.”
Dhankhar called on industrialists and corporate groups to provide assistance in the functioning of the judiciary on the lines of assistance provided to other institutions.
He said corporate groups had CSR (Corporate Social Responsibility) funds and they should invest in local courts.
The vice-president also described the enactment of the new criminal laws as an important event that “freed us from colonial mentality”.
Describing it as a journey from penal code to judicial code, he said the laws made by the British were repealed after a long demand and called it a “boon” for new lawyers.
Recalling his experience as Rajya Sabha chairman during the passage of the three laws — Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam — he said a very powerful committee considered each provision of these laws.
The new laws replaced the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.
He further said the government deeply investigated the change and the background of each provision was closely looked at with the help of technology.
