Corporatization of legal education must not be allowed: Dr. Mohan Gopal

Prof. (Dr.) G Mohan Gopal
File Photo. Photo: B Pradeep Kumar

By Sudheer

Prof. Dr. Mohan Gopal is presently Director, Rajiv Gandhi Institute for Contemporary Studies (RGICS).  Dr. Gopal was Director of the National Law School of India University, Bangalore (2000-2003). Dr. Gopal taught law at Georgetown University Law School, Washington, DC for nine years as an adjunct professor (1991-2000). Dr. Gopal served for over 18 years at the World Bank in Washington, DC where he became Chief Counsel in the Legal Department of the World Bank. Previously, Dr. Gopal served from 1980-83 as a legal counsel at the Asian Development Bank in Manila. Dr. Gopal has also taught law for three years at the National University of Singapore.
Dr. Gopal holds a masters and a doctorate degree in law from Harvard University (Harvard Law School), USA and a bachelor's degree in law from Delhi University.

1.       What is your opinion on the infiltration of Corporate management into areas including legal education? What would be its consequences?

Dr. Mohan Gopal: The Corporate Universities in Delhi and Ahmedabad gives degrees in various branches including Law. The fee there is whopping 30 Lakhs. Apart from that, a matter of great concern is the influence of corporate management in legal study. It is likely to effect justice administration. Graduates from corporate colleges would normally be inclined more towards ‘corporate’ rather than general public. The system for safeguarding justice will no longer be there.  Law must be impartial. There must be a Bar Council working for the upliftment of poor and must give suggestions for the same. When Corporate’s enter the field, ‘Freedom’ and ‘Impartiality’ will be lost. The Law College students as well as public should raise their voice against this tendency. Corporatization of education sector must not be allowed.

2.       You your self was a member of the Independent Enquiry panel set up by the Chairman of Rajya Sabha to look into allegations of corruption against Justice. Dinakaran.  Do you feel that the Judiciary is corrupt?

Dr. Mohan Gopal: I feel that majority of Indian Judges are honest. But lack of independent agencies to enquire into the allegations raised against Judges, creates suspicion in the minds of general public. There exist systems in the High Court to investigate the affairs of Lower Court Judges. Investigations in majority cases lead to disciplinary action which includes dismissal. The general public is not aware of these actions. In foreign countries, people are briefed about investigations and disciplinary actions with the help of fourth estate. This helps to build confidence and also gives a message that no one is above law. In India, people must have more means to complaint against High Court and Supreme Court Judges and check the status of complaint. An independent mechanism should be there to inquire against them. Only then, it will be clear whether there are any corrupt ones among them. People also have a right to know the result of the investigation.

3.       What really happened to the Investigation panel against Justice Dinkaran?

Dr. Mohan Gopal: On completion of tenure of one of the member of the committee, it was not reconstituted. So neither a clear investigation nor a report been completed. Before the completion of investigation, Justice Dinakaran resigned. After that, committee was not reconstituted. Committee had no special interest in this matter. We are not sure whether the Government was under pressure from any quarter or had any special interest in this matter.

4.       You were the one who drafted Government’s Lok Pal Bill. What do you feel now?

Dr. Mohan Gopal: If it had been passed in the Rajya Sabha then legal mechanism against corruption would have gained strength. I do not believe that Lok Pal can eliminate corruption in this country. Still, Lok Pal beyond doubt has a significant role to play.

5.       Judges and bureaucrats have a Colonial Mindset. How do you react?

Dr. Mohan Gopal: Bureaucrats and Judges have a feudal mindset. Feudal Lords of ancient times showed no regard for law. The same mindset prevails today to certain extend. They cannot and will not accept laws that which empower common man and restrain theirs. Feudal mindset is exemplified by the Supreme Court’s stand on Reservation.  Former Supreme Court Judge Chinnappa reddy has strongly opposed the views of Supreme Court on limiting Reservation.  The Court has no right to violate Constitutional rights.  The Verdicts of certain Judges tend to speak against reservation and gender equality and they do this on the pretext that they are authorized to interpret the Constitution.

The basic aim of the Constitution is to reach the common man. This dream will be possible only through fundamental change in the existing legal machinery. Today’s entire legal framework is based on 1937 Act. The High Courts of Madras, Bombay and Culcutta are about to celebrate their 150^th Anniversary. But the question is how they are 150 year old when the Constitution  itself came into force only in 1950. They still consider the year the courts were started by the British. This is an example of Feudal mindset. Executive, Judiciary and Legislature must uphold the ideas embodied in the Constitution.


(Sudheer is a print journalist with a leading daily. He may be contacted at vsudheermdm@gmail.com)