By Sangeeta Sharma
New Delhi, Aug 6 (UNI) “Bills are being passed in Parliament without a meaningful discussion; this must change.” Former Supreme Court Judge Justice M.K. Sharma issued a sharp reminder to lawmakers, calling for more deliberation and public engagement in the legislative process.
He was speaking at the 1st Virender Sood Memorial Lecture on 'How to Improve the Indian Legal System', held at the Indian Law Institute (ILI), where he emphasised that the strength of any democracy lies not just in the framing of laws but in how thoughtfully and transparently they are debated and enacted.
“There is hardly any debate or interaction in Parliament while passing laws. If there is proper interaction, new and useful perspectives may emerge, leading to stronger and more effective legislation,” Justice Sharma said.
While acknowledging that the Indian Constitution has undergone multiple amendments to keep pace with societal change, he stressed that mere constitutional updates are not enough. “The legislature, judiciary, lawyers, enforcement agencies, and the litigants themselves all must rise to the occasion and perform their roles with sincerity and vision,” he asserted.
Justice Sharma also flagged the dire need for infrastructural development in lower courts, particularly in non-metropolitan areas. Citing the example of Patna, he said, “Courts there are forced to function from makeshift spaces. We talk of justice, but do we provide the basic environment for it?”
Addressing the issue of pendency, he remarked, “Courts are willing to work 24 hours, we have held midnight hearings. But entry into the legal system must also have an effective exit. Early disposal and case management should be a top priority.”
He strongly advocated for institutional training programs to upgrade the skills of both lawyers and judges, especially in view of the growing influence of technology on legal practice. “We need continuous learning institutions to prepare legal professionals for new challenges,” he said.
Former Additional Solicitor General Sanjay Jain underlined that improvement of the legal system goes beyond infrastructure. “We need to work on the ‘Five I’s’, Intent, Initiative, Interactive learning, Internship, and Introspection,” he said.
He stressed responsible litigation and better cooperation between clients and lawyers. “Clients must provide accurate documents on time. There are also habitual litigants who file frivolous cases, adding to the burden of courts. This culture must stop.”
Jain also voiced concern over the commercialization of the legal profession. “Young lawyers today are more focused on branding than public service. They need to be encouraged to take up cases for the poor and marginalized.”
Delhi High Court Judge Justice C. Hari Shankar took a more optimistic view, hailing India’s legal system as “robust and responsive.” Recalling an international conference on climate change in Indonesia, he shared how legal professionals from countries like China, Singapore, and Indonesia were astounded to learn that Indian judges can take suo motu cognizance of matters in public interest.
“They couldn’t believe that judges can initiate legal proceedings on their own. I told them we do it regularly, it’s part of our responsibility to ensure that justice is delivered even when the people cannot reach us,” he said.
He also emphasized the role of AI and technology, noting that while AI could help condense bulky documents and arbitral awards, it must never replace human judgment. “AI can assist, but it cannot write judgments. A human interface is essential.”
Justice Hari Shankar said the Indian legal landscape has diversified, with law firms entering global platforms and new fields like IPR, arbitration, and cyber law gaining ground. “We are no longer just courtroom advocates we are legal advisors, policy consultants, and global representatives,” he said.
Senior Advocate N. Hariharan, President of the Delhi High Court Bar Association, called for introspection within the system. “Litigants wait for years. The process itself becomes a punishment. Is this humane?” he asked.
Citing the painfully slow progress in criminal bail cases and the judge-to-litigant ratio of just 21 judges per million, he pressed for urgent reforms. “The Bar is doing its part, we keep pushing the government to fill judicial vacancies,” he said.
He also criticised the lack of transparency in judicial appointments and called for closer collaboration between the Bench and the Bar. “Judges come from the Bar. We must not forget that. A district court lawyer’s role is as critical as anyone else’s.”
Expressing concern over mentorship gaps, Hariharan noted, “I have 15 interns, but I don’t know their names. There’s no meaningful engagement with young lawyers. This needs to change.”
The Virender Sood Memorial Lecture was instituted in memory of late Advocate Virender Sood, a respected figure in Delhi’s legal fraternity. The lecture was organized by Justice Vijender Jain, former Chief Justice of the Punjab and Haryana High Court. Mr. Sood passed away in 2023 and is survived by his sons, Pushkar and Anshuman, both lawyers continuing his legacy.
The event was attended by several dignitaries, including Advocates G.K. Bansal, R.N. Vats, K.K. Buchar, Principal CBI Judge Sunena Sharma, Dr. Ritu Raj, Khusbu Malick, K.C. Mittal, and representatives from Christ Law College, among others.
UNI SNG PRS