The need of judiciary to remain the guardian of the people

4 April 2012 08:02 pm - 0 - {{hitsCtrl.values.hits}}

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From a fairly long time, people have lost their confidence and faith in the Executive and the Legislature. Mostly expressed public opinion is that they are corrupt, inefficient and sluggish and serve only to secure the interests of the high and the mighty, ignoring the aspirations of the people. Notwithstanding the dilapidated condition of the said organs, the Judiciary has maintained its integrity and independence as the guardian of the people, amidst all such storms and turbulences, right along.
But we have to concede even grudgingly that the public opinion formed of the law-enforcing authorities is not all that healthy at any rate. We are obliged to convey a message to the Executive, that meritocracy should be the cornerstone in the realm of appointing judicial officers and the like. It is lamentable that the powers-that-be in our country have failed to understand that their making in-roads into the administration of justice, would not only be disastrous to them but also, in the final analysis would evaporate the aspirations of the people, thereby rendering the guarantees and assurances incorporated in the Constitution of the Republic, futile. It is saddening to note that the good relations between the Bar and the Bench also had been distanced, distressingly in many instances. Therefore it is incumbent upon the members of both the Bar and the Judiciary to restore it to the required standards and consolidate our relations. The continuation of this undesirable state of affairs eventually would jeopardise the legitimate expectations of the People. One should not forget the fact that the legal system in a country is set up for the ultimate benefit of the people, and the Judges and the Lawyers are officers of courts to facilitate the realization of their noble goals. I mean of the people.
It is high time we extricated ourselves from the traditional myth that ours is a trade union or a welfare association. Our scope of activities extends much beyond that, to ensure that every citizen of this country becomes a beneficiary from our Association. Every member of the Bar ought to be ever mindful of this salient objective.The need of the hour is the faithful adherence to the Doctrine of Separation of Powers. The mere enactment of laws is a futile exercise if Rulers have no sincere will to apply them equitably. As Thomas Jefferson, one time President of United States of America said that "Implementation of the law is much more important than the enactment of them".

They say that the "Edicts are of less importance than the examples exhibited from their leaders' lives".
You will admit that there is a sharp decline in the quality of our profession, during the recent past, due to a variety of reasons including the failure to adhere to morals and ethics and also to resorting to touting, and thereby incurring the displeasure of, and evoking criticism from the society. In this regard we expect of every member to maintain the highest professional rectitude and standards and those who violate them should not expect our Association to entertain such complaints lightly and condone their conduct, as the Association is bound to take decisions in the best interests of the profession by and large, and of the general public.
I wish to bring to the surface, that although the judicial officers do administer justice for all the others, at times they themselves are left in the lurch in certain circumstances. Therefore I consider it is the duty of our Association to address our minds to their problems which they endure in silence now.
Right now, the country is faced with very serious problems affecting our sovereignty as never before since independence in 1948. In this scenario, we as professionals learned in law, are obliged to perform our duties diligently to rescue our country from malefic influences and uncalled for interferences, while reminding whoever the powers-that-be, of their duty to ensure the upholding of the Rule of Justice, without any discrimination irrespective of their ethnicity, race, language, religion or any discrepancies, with transparency and accountability.
We should not be found wanting in the significant role that we ought to play in the administration of justice as well as in the performance of the onerous duties expected from us, by the nation.
By logical extension, it means that we should poise ourselves to ward off external threats which are manifesting now. As such we should not leave any stone unturned and any avenue unexplored, to find a lasting solution internally to this plodding ethnic conflict.
So long as we fail to consolidate the unity among all our communities, external interference would hang above us like the sword of Damocles.

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The need of judiciary to remain the guardian of the people

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