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27949
Sat, 11/01/2008 - 22:48
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U.K. law firms may be allowed to operate in India: CJI
London, Nov 1 (PTI) Chief Justice of India K. G. Balakrishnan has said that U.K. law firms could be allowed to operate in India but a final decision in the matter would have to be taken by the Indian Bar Council.
"I don't think Indian Bar Council can continue to resist (the proposal to allow foreign law firms to operate in India)," the Chief Justice of India said here Friday evening while delivering a keynote address on 'Judicial Reforms in India' organised by the Indo-E.U. Business Forum' at the Court House hotel, in the heart of the city.
Asked if U.K. law firms can be allowed to do transactional work with the objective of facilitating foreign investment in India and to advise the foreign investors, Justice Balakrishnan said, "It should be decided by the Bar Council of India. I am sure it will come soon. Discussion between the Bar Council of India and its British counterpart has started. It may happen shortly and it will be helpful."
India's High Commissioner to the U.K. Shiv Shankar Mukherjee who spoke on the occasion, referred to the opening of legal system in India, saying, "Of course it is going to happen."
He said he was present during a meeting between Indian Law Minister, H. R. Bharadwaj and Britain's Secretary for Justice, Jack Straw, when the issue had figured prominently.
"I cannot give you a time frame but this is being handled at the senior level and it will be done."
Justice Balakrishnan also dwelt at length on the large number of cases pending in Indian courts and steps taken to deal with the issue.
"The larger agenda for judicial reforms touches on several issues - namely the methods for selection and appointment of judges at different levels, the urgent need for improvements in the physical infrastructure available to the judiciary, the state of legal education as well as continuing legal education in India and last but not the least, the continuing debate about judicial accountability."
The Chief Justice said that apart from the expansion and
modernisation of the judiciary in India, "It is important to promote the use of alternative dispute resolution (A.D.R.) methods. In recent years, some legislative changes have already pointed in this direction."
Justice Arijit Pasyat of the Supreme Court of India said,
"Better justice, speedier justice and cheaper justice constitute the three vital facets of the reform of judicial system."
Thus, "What is required is a fresh approach which takes into account or realities and which seeks to provide a cheap, expeditious and effective realisation of justice by all sections of the people of the country irrespective of their position or resources they have," he said.
Admitting that "money and muscle powers often silence the
voice of the witnesses," Justice Pasayat said "ultimate victim
is the society.
"Whatever might be the reason, the result is that a
judicial finding of fact is sometimes entirely divorced from
the realities of the situation. The realities of the situation
and the judicial finding of fact becomes extensive and it is
bound to shake the confidence of the people in the ability of
the courts to find out the truth of the matter and thus create
a credibility gap."
Justice Pasayat said reforms of the judicial system must
take into account the long delay in the disposal of cases
which has resulted in huge arrears and heavy backlog of
pending files in various courts in the country.
"The problem of delay and huge arrears is crucial and
unless something is done about it, the whole judicial system
may get crushed under the weight of arrears. For long the
patience of the people has been taken for granted.
The need today is for some effective measures consistent
with the demands of justice, equity and fair-play to
accelerate the disposal of cases and clear the arrears."
At the same time, he cautioned that care must also be
taken against undue speed or haste and "this would be
substituting one evil for another. "
Noting that the working condition of judicial officer is
dismal, Justice Pasayat said "nevertheless, the disposal rate
per judge is very high."
Vijay Goel, Founder of the Indo-E.U. Business Forum, said
the Forum has been receiving queries from Indian corporate
houses regarding acquisition of British companies.
Timothy Dutton Q.C., Chairman, Bar Council, allayed fears
that if the Indian legal system was opened up, it would be
swamped by British solicitors.
"On the other hand, Indian law firms may need specialist
advice we British law firms could provide. We are prepared to
share our expertise."
Lord Goldsmith Q.C., Former UK Attorney General, lauded
the Indian Supreme Court for its "extraordinary judicial
integrity".
"The Supreme court has dealt with some of the
extraordinary social issues and taken active part in solving
the problems," he said. Lord Goldsmith said liberalisation of
legal services in India is absolutely necessary for the
growth of Indian business itself. PTI
"I don't think Indian Bar Council can continue to resist (the proposal to allow foreign law firms to operate in India)," the Chief Justice of India said here Friday evening while delivering a keynote address on 'Judicial Reforms in India' organised by the Indo-E.U. Business Forum' at the Court House hotel, in the heart of the city.
Asked if U.K. law firms can be allowed to do transactional work with the objective of facilitating foreign investment in India and to advise the foreign investors, Justice Balakrishnan said, "It should be decided by the Bar Council of India. I am sure it will come soon. Discussion between the Bar Council of India and its British counterpart has started. It may happen shortly and it will be helpful."
India's High Commissioner to the U.K. Shiv Shankar Mukherjee who spoke on the occasion, referred to the opening of legal system in India, saying, "Of course it is going to happen."
He said he was present during a meeting between Indian Law Minister, H. R. Bharadwaj and Britain's Secretary for Justice, Jack Straw, when the issue had figured prominently.
"I cannot give you a time frame but this is being handled at the senior level and it will be done."
Justice Balakrishnan also dwelt at length on the large number of cases pending in Indian courts and steps taken to deal with the issue.
"The larger agenda for judicial reforms touches on several issues - namely the methods for selection and appointment of judges at different levels, the urgent need for improvements in the physical infrastructure available to the judiciary, the state of legal education as well as continuing legal education in India and last but not the least, the continuing debate about judicial accountability."
The Chief Justice said that apart from the expansion and
modernisation of the judiciary in India, "It is important to promote the use of alternative dispute resolution (A.D.R.) methods. In recent years, some legislative changes have already pointed in this direction."
Justice Arijit Pasyat of the Supreme Court of India said,
"Better justice, speedier justice and cheaper justice constitute the three vital facets of the reform of judicial system."
Thus, "What is required is a fresh approach which takes into account or realities and which seeks to provide a cheap, expeditious and effective realisation of justice by all sections of the people of the country irrespective of their position or resources they have," he said.
Admitting that "money and muscle powers often silence the
voice of the witnesses," Justice Pasayat said "ultimate victim
is the society.
"Whatever might be the reason, the result is that a
judicial finding of fact is sometimes entirely divorced from
the realities of the situation. The realities of the situation
and the judicial finding of fact becomes extensive and it is
bound to shake the confidence of the people in the ability of
the courts to find out the truth of the matter and thus create
a credibility gap."
Justice Pasayat said reforms of the judicial system must
take into account the long delay in the disposal of cases
which has resulted in huge arrears and heavy backlog of
pending files in various courts in the country.
"The problem of delay and huge arrears is crucial and
unless something is done about it, the whole judicial system
may get crushed under the weight of arrears. For long the
patience of the people has been taken for granted.
The need today is for some effective measures consistent
with the demands of justice, equity and fair-play to
accelerate the disposal of cases and clear the arrears."
At the same time, he cautioned that care must also be
taken against undue speed or haste and "this would be
substituting one evil for another. "
Noting that the working condition of judicial officer is
dismal, Justice Pasayat said "nevertheless, the disposal rate
per judge is very high."
Vijay Goel, Founder of the Indo-E.U. Business Forum, said
the Forum has been receiving queries from Indian corporate
houses regarding acquisition of British companies.
Timothy Dutton Q.C., Chairman, Bar Council, allayed fears
that if the Indian legal system was opened up, it would be
swamped by British solicitors.
"On the other hand, Indian law firms may need specialist
advice we British law firms could provide. We are prepared to
share our expertise."
Lord Goldsmith Q.C., Former UK Attorney General, lauded
the Indian Supreme Court for its "extraordinary judicial
integrity".
"The Supreme court has dealt with some of the
extraordinary social issues and taken active part in solving
the problems," he said. Lord Goldsmith said liberalisation of
legal services in India is absolutely necessary for the
growth of Indian business itself. PTI
