Judicial culture. : namjoshi blogs on sulekha, General blogs, namjoshi blog from india

Judicial culture. : namjoshi blogs on Judicial culture

AS Usual like students the advocates will be observing strike and will boycotting the court work. There strike and boycotting work is always successful. The reason is that in such case they get the work of bail and injunction done because such work is like cash crop and they would not as a general rule avoid doing. Boycotting means not to work in cases in which mind is to be applied, homework and performance is required. Unfortunately it is also true that in this regard the State Bar Counsels and the Bar Counsel of India also plays a negative role.
This time the purpose of strike is those who wish to join Bar have to face music of formal examination. The candidates will be permitted to have books at the examination centers also. Examination fees are certainly very high. Presently such examination is being conducted for advocates who wish to practice in Supreme Court. Such examination is also a farce. Now again a farce has started for departmental examinations where rampant corruption has resulted from such system of which no one and in particular the Supreme Court and High Courts have taken notice of it. Due to this corrupt system there was a strike by advocates in Rajasthan. Even the M.P. High Court has not earned good reputation in this behalf.
By conducting such examination nothing fruitful will be achieved. The reality is that the foundation of the judiciary is too weak. The law colleges are functioning most inefficiently. Like other faculties here teachers and advocates who teaches students have no depth in judicial work and theory. Examinations are just formalities. The papers are leaked and examination of answer books is also done prejudicially and is coupled with corrupt means also. For competitive examinations grants are given to the colleagues but it is certainly misused and grabbed by few persons.
The procedural law like Code of Criminal and Civil Procedure and want of quality training is the main root of delay in disposing of the cases in courts. The standard of higher judiciary is also not ‘much’ better than that of district judiciary. To save its face the higher judiciary and advocates abuse the lower judiciary for inefficiency and corruption. The politicians also make hue and cry over corruption in judiciary. But the reality is that the politicians, advocates and higher judiciary to save them self from their corrupt activities make such inflated allegation to lower down the moral of judiciary and to divert the attention of the public from political corruption and corruption by politicians. A section of persons from judicial field and politicians yelp and chew over it. In fact corruption is not a major problem in judiciary. Those who are corrupt are known corrupt. The real problem is lack of vigorous and effective training and want of habit of reading, studying law and files by judges and advocates too. This is true with any rung in the hierarchy of judges and advocates.
. Least said is better about advocates as a class. About 7o percent judges of higher judiciary come from such class. They substantially lack in procedural and substantive law. There most of the work is just guess work and based on surmises and conjuncture. Neither they can speak fluently in English or in local language nor in particular Hindi.The judges do not dare to speak about this reality but always give sermons to lower judiciary as if they are responsible for such incompetence and corruption.
I am saying all these things as a layman or reacting reader on every subject but I have about 45 years field experience in every nook and corner of the branches in the field and not as a layman or reacting reader on every subject.
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