Friday, 21 December 2012

INCLUSIVENESS Vis-a-Vis QUALITY IN LEGAL EDUCATION (Experiences of Government Law Colleges in Kerala)


Government Law College Thiruvananthapuram

By Manoj Krishna


As the common saying goes there are two views about a painful toothache, one that of the patient who suffers and another the perspective of the Doctor who treats. This paper contains the laments of a teacher of Government Law College who actually suffers the trauma of teaching in an institution amidst shortcomings and deficiencies and it is written with the hope that the doctors who are out there to treat the malady will take notice of it.

Inspite of a regular academic exercises of seminars, discussions and workshops on education, higher education sector in India has remained immune to radical changes in the operation of the system. Legal education is no exception to this general rule. Most of the seminars on legal education end up with suggestions regarding updating of the syllabus, issues of policy and problems of funding. In this scenario it becomes necessary to view legal education in a more realistic and pragmatic manner.

In a developing society law, legal education and development have become interrelated concepts seeking to ameleiorate the socio-economic conditions of the people by peaceful means. In this perspective legal education cannot be cut off from other branches of knowledge and any changes in legal education should be in tune with the goals of the country.

The motto of the XIth five year plan is "Towards faster and more inclusive Growth". The objective of the plan is (1) sustainable growth (2) reduction of disparities across region and communities. The plan identifies challenges to higher education as

1.     Lower access to higher education
2.     Inter-regional and inter-group disparities in access to higher education.
3.     Inter-institutional variation in quality and excellence
4.     Need to enhance relevant education.

Challenges

This paper seeks to study the challenges which have to be addressed in the expansion of legal education sector, in tune with objective of inclusiveness with special reference to the State of Kerala in general and Government law colleges in particular.

In Kerala the majority of law colleges are either state owned or functioning directly under the university as a department. The students enrolling in Government law colleges of Trivandrum, Ernakulam, Trichur and Calicut are selected on the basis of a common entrance examination. The other institutions also admit students on the basis of entrance examinations conducted by them. Among the students who are admitted in Government owned institutions there exist significant disparity in standards and numbers among (1) rural and urban (2) inter-district (3) inter-caste (4) inter-religious and (5) poor and non-poor.


Poor and non-poor; inter-castes

In the Government College almost 50% of seats are reserved for various reservation communities including SC/ ST, OBC, OEC etc. The creamy layer among the OBC is excluded from reservation. For remaining reserved category students, the annual income is very low. Further, among the Forward community also the annual income of the student’s family is comparatively low. This can be verified from ascertaining the number of students coming from forward community availing fees concessions under the Kumaraswamy Commission Report. Thus it can be seen that more than 3/4th of the students of a Government law college come from a poor background.

Majority of such students have their primary and secondary education in local schools in the local vernacular medium. Inability to communicate in English is an apparent drawback of such students. This inability in turn has a very negative influence on the confidence level of the student at the stage of performance. Thus it is commonly seen that the affluent students who had their education from public schools easily excel in internal assessments like the class seminar. In co-curricular activities like moot courts, mock trials, debates etc. the 'poor students' are sidelined. However the number of' poor students' are high in student political activities and many cultural activities.

Government Law College Ernakulam
Significantly low level of motivation is another conspicuous feature of students of 'poor' category. Even during the course of their study, many of them are on pursuit of a job. Even on obtaining a class four job in the Government, the vast majority of such students will give up their study and join the job. The lack of motivation in turn may be due to the perception that the profession of law is not a lucrative one or the belief that a stable job cannot be obtained on the strength of an LL.B degree.

There is wide disparity among various sections of students with regard to the goals they are to achieve in future. Most of the students in the 'poor' category are confused as to what should be done on the completion of the LL.B course. Many of them enroll as lawyers as they are unaware of any other option. Major chunk of them leave the profession at some point of time unable to cope with the heavy competition and constraints of income. Academically brilliant among the 'have not' category sometime join the post-graduate course. Students coming from affluent families on the other hand are more definite as to their goals and to the line of profession they should follow on the completion of LL.B degree course. Many among them opt for higher education in other branches of knowledge like the Management courses with the motive of obtaining an entry as junior level executive in some Corporate enterprise. A few very brilliant with necessary support from their families join as officers in Corporate banks and enterprises shortly after completing their degree. The more affluent among them are even seen pursuing post graduate degree in England and America with or without sponsorship. Students from the 'poor' category are rarely seen to be aspiring for the white-collar jobs and foreign education.


Urban-rural

Disparities existing between the students coming from urban and rural areas are also significant. Numerically students belonging to rural areas are not much less than those of urban areas. However, in the standards of education, communicative skills, confidence level and ability to use modern informational techniques the urban students are better placed than the rural. The urban students, even those coming from poor strata are exposed to many modern changes in informational technologies and means of communication. Further, constant inter-action with the affluent students which is easy in less stratified urban society enable the urban poor to be more ambitious and be aware of educational and professional openings. However, students from the rural section lacks this exposure to diverse opportunities available in the globalised world.

Majority of students from rural area have their schooling in the local vernacular medium. For the rare among them who had education in English medium the standards of such schools are very poor when compared to those of the elite public schools in the urban areas. The result is the conspicuous difference in communicative skills and comprehensive ability in English between the urban and rural students. The urban students are more motivated and ambitious than their rural counter-parts and are ready to take risks and face challenges. They readily take an assignment outside the state and are willing to work anywhere, provided the pay packet is thick and the job glamorous. Majority of the rural students are comfortable at home town and is apathetic towards displacements. They prefer a peaceful job or practice at a place near their home and are quiet content with a mediocre profession or sustainable job.


The response

The very wide disparities among the various categories of students pose a great challenge to the teachers of Government law colleges. Many of the techniques used by the teachers to solve this problem has in effect resulted in the fall of standards of legal education. Teachers dilute their lectures in content and language so that it is accessible to majority of students. Standards set for internal evaluation is also lowered so as to suit the vast majority of students whose standards are academically mediocre or even below average.

However, the teachers cannot be solely blamed for the drawbacks which are inbuilt in the system of education itself. The system of examination-oriented study and courses, constraints of time, problems of disparity among students, pressure created by very high student-teacher ratio etc. compel the teachers to adopt techniques which may be cynically claimed to be lowering standards. It is submitted that on independent and objective evaluation it can be seen that the teachers of Government law colleges are doing a commendable job in spite of several inbuilt defects existing in the system.

Government Law College Thrissur
Under the existing system, a teacher in Government law college is allotted an average of 3 subjects in three different classes for a semester. Under the existing pattern, University can conduct examinations after the completion of a minimum of 90 working days. In reality even 90 working days are not made available to a teacher in a semester as many of such working days will be ineffective due to conduct of several extra-curricular activities varying from functions of union to class campaigns of student organizations. A teacher is to conduct internal assessment of almost 250 students through internal tests, seminars and assignments within this short period. Thus the pressure of teacher in finishing his subject is very high in the law colleges.

To add oil to the flames the teachers are called upon at least four times a year for the conduct of centralized valuation camps at the University which may extend to months. Over and above this the duty of conducting and supervising the university examination of five different semesters also fall upon the teacher. All these works are done during the period of academic time. It is to be noted in this regard that the law college teachers are the only category of teachers who attend centralized valuation camps after engaging classes for a minimum of two hours during the days of camp valuation. In this working atmosphere teachers of law colleges under the governments are managing to fulfill their assigned functions under much pressure. This strain on the teachers are one important cause for the fall in standards of legal education along with other factors.

Inspite of the existing constraints of time and inherent weakness of the system, the teachers have developed their own unique methods to effectively cater to varying needs of student from divergent categories. Even though there is no uniformity in such methods adopted by different teachers some commonly used techniques are listed below.

1. Students from 'poor category' are called upon individually and their problems are discussed. The process is quiet informal. In the course of such discussion care is taken to instill confidence and to motivate them. In some cases when students complain of any form of segregation steps are taken to prevent such unhealthy trends.
2.  At the initiative of Parent Teachers Association, some financially very backward students from each classes is given financial support including payment of their fees.
3.  Lectures by experts on methods to improve mind power, techniques to improve confidence level etc. are regularly organized.
4. Many of the teachers during course of their lectures explain the scope of legal profession and avenues other than practice which is available to a law graduate.
5. Teachers provide additional help to students coming from 'poor' category in their internal assessment works like preparing for seminar and assignments. The students are encouraged to use the library and special guidance is given to them as to methods of finding out relevant material. Some teachers are magnanimous enough to lend their own books to students who are in much need of it.

In spite of all these efforts by committed teachers the legal education in Government law college is in a pathetic condition. There is no quality improvement for a student undergoing LL.B course for 3 year or 5 year. In this scenario certain steps are to be taken to revamp legal education.



Suggestions

Government Law College Kozhikode
1.      Quality of students enrolling for LL.B course should be enhanced. Incumbents should   posses   better   levels   of communicative skills, proficiency in English language and confidence. The entrance examination process should be reconstructed so as to weed out students who are not equipped with basic skills necessary for a professional of law. Along with the marks of entrance examination, parameters like skills in group discussions, proficiency in English and merit in qualifying tests all may be considered in the selection process. 

2.      The student-teacher ratio should be refixed on the basis of different pointers and parameters that are being used at present.

Teacher student ratio is presently fixed on the basis of total number of students in a college and the number of teaching staff of the college. It is submitted that with the shift over from annual system to the semester and the introduction of internal assessment system the work load of teachers have increased manifold. It may be noted in this regard that while a University Department catering from 20-25 LL.M students have not less than 5 permanent faculty, the Government law colleges catering for almost 1000 LL.B students
and 30 LL.M students have only a staff strength varying from 15-18 permanent staff.

3.     A new educational culture within the campus is the need of the hour. The teachers and students should enjoy more academic freedom.

4.      Student counselors may be appointed in law colleges to counsel students having low level of confidence. Further, the students can also be motivated with the help of such professionals. To improve standards of English, English teachers can be appointed to do remedial teaching to students coming from poor and rural backgrounds.

5.        Even though politics inside the campus has its own positive aspects, unregulated political activities are creating havoc in the colleges. It is submitted that college elections conducted on the basis of directions of Lyngdoh Committee is adequate enough to control political activities. Unfortunately, the colleges are diluting this report for their own interest. Regulation of political activities are essential for the creation of a new work atmosphere in the colleges.

6.       The greatest contribution a teacher can do to a law student is to instill in him the ability to think like a lawyer. So a teacher should try to train students to solve legal problems and thus acquaint them with the art of professional advocacy.







(Manoj Krishna is Assistant Professor in Law at Government Law College Thiruvananthapuram, University of Kerala. He is a member, Faculty of Law, Calicut University; Member, Post Graduate Board of Studies, Kerala University.)

Saturday, 8 December 2012

'He /she will be tested for some essential qualities like power of retention, clarity of concepts, ability to identify the correct alternatives with efficiency and accuracy.'



Shri. V.R Rajiven

Shri. V.R Rajiven is a 1977 Batch Kerala Cadre Indian Police Service Officer who retired in 2010 as Director General of Police. As an I.P.S officer, he worked in various capacities throughout the state. Awarded the President's medal for Meritorious Service during the year 1998, and Highest Police Honor of President's Medal for Distinguished Service in 2006.

Prior to his law enforcement career, practiced as a lawyer at High Court of Kerala with Senior Counsel and later Judge Shri. Bhaskaran Nambiar.

Given below is the transcript of his interview with Nebil Nizar.


1. How Law Students can positively engage in nation building  and make a difference ?

V.R Rajiven: The work of Nation-building has to be undertaken by each and every member of the society - especially youngsters from all walks of life. There is no special role for law students compared with others in this matter.  However, I feel that there are certain areas which can be better served by Law students who get opportunities to study concepts of International Human Rights, Democracy, Rule of law, Constitutionalism, Self-determination, civil society, gender justice and minority rights, and the role these factors play, individually and in combination, in creating and maintaining an emergent society that respects international human rights. Law students can also act as catalytic agents in anti corruption and civil rights movements, and in the emancipation of the oppressed which will definitely make a difference in the society. But I feel that these things can be done after the completion of studies and it is better for students to concentrate on their studies rather than think and worry about concepts like nation building and get confused during their college days.


2. When did you start preparations for Civil Services Exam ?

V.R Rajiven: Once you have decided to appear in the Civil Services Exam, preparations should start early. No time frame can be fixed for starting the preparations. Preferably your preparations should start from your school days once you have decided about your final destination.  Read news papers and periodicals daily to increase your general knowledge and be updated about current affairs and happenings around you. You have to develop the habit of reading news papers and periodicals from your school days and subject wise preparations can start preferably after graduation or may be from the 3rd year of LL. B course. As far as I am concerned, my serious preparations for the Civil Services Main Exam started after I joined the 3 year LL.B course.   One common misconception about the preliminary is that it is a test of facts and figures.  A candidate should have the right frame of mind and the will power to succeed in the exam. A proper action plan is needed for the preparation itself since he /she will be tested for some essential qualities like power of retention, clarity of concepts, ability to identify the correct alternatives with efficiency and accuracy. All this requires a quick decision making power. There is stress on language skills and analysis and decision making capacities.   These are skills that are developed over years and not just in a few months. It would be advisable to start focusing on your problem solving and language skills as soon as you complete your +2 course. Your aim should be to develop an analytical mind and should have basic knowledge of the world around you . Try to sharpen your skills by participating in Debates, Elocution competitions, moot courts etc.


3. How should a student of Law study if he is aiming for Civil Service Exam?

V.R Rajiven: One should choose the subjects he intends to take for the Civil Services Main Exam and concentrate more on those subjects. Where ever possible, give preference to Law subjects as you can study them along with your LL.B subjects’. Considering the fact that the time between the Main Exam and the declaration of result of the Preliminary Exam is very less, it is advisable to begin preparations of the Main Exam along with the Preliminary Exam. The choice of optional subject for Paper-II has to be done very carefully. The optional subject for Paper-II should usually be the subject in which the candidate has either attained proficiency/higher academic qualification or in which the candidate feels at home. Even if your branch of study is different, it is advisable to keep in touch with one of these subjects which will help you when you start preparations. Start collecting books and readings once you have made your choice. While studying for the optional subjects, remember that there is no scope for selective studies in the Civil Services Examination. The whole syllabus must be completely and thoroughly covered.  If you choose subjects in which you do not have a basic grounding, start from simple books. After getting the grasp of the basic concepts, start with higher level study material.


4. It is a frequently asked question by Law students whether LL.M or Civil Service  preparation must be undertaken first. What do you think?

V.R Rajiven: There is no need to give preference to one exam over the other. In any case, don’t presume that LL.B degree will not give you the required proficiency to tackle the Civil Services Exam. I pursued my LL.M course along with my Civil Services Exam preparations. I found it quite useful since I had taken mainly Law subjects for my Civil Services Main Examination and was also able to make maximum use of the college library, and I appeared for the Civil Services Exam before completing the LL.M course.  If you start your preparations for the Civil Services Examination after you finish LL.M, you will waste another 2 or 3 years and will join the Service rather very late and joining the Service at an early date has its advantages.


5. Do you think that serving the Corporate Sector would instill professionalism in a young man ?

File Photo
V.R Rajiven: The requirement and specialization will differ from corporate to corporate. With increase in the corporate sector, the demands for the related services have increased and this has led to tremendous change in the techniques of the respective services. So serving in corporate sector alone may not guarantee instillation of professionalism in a young man. If you look around you can find any number of MBA graduates just performing clerical jobs in the Corporate Sector. What is important is the level at which you enter the Corporate Sector and the type of work assigned to you. Whether you are working in Govt: Sector or Corporate Sector, developing professionalism will depend on your attitude and your business ethos. It may also be noted that there is great demand for retired Bureaucrats in the corporate sector and this is mainly because of the professionalism they have achieved while working in the Govt: Sector. While working as a civil servant you deal with complex issues on a day to day basis and the professional skills you earn can easily match or even excel the professional skills of a corporate executive.


6. It is seen that persons learned in law engage in many jobs  without any professional training and succeeds in that, may be journalism, politics etc. Do you think LL.B moulds a teen into a man?

V.R Rajiven: Probably, knowledge of Law will come to the help of Law graduates in many fields and they may do better than others in a god no: of jobs. But at the same time we have to admit the fact that proper professional training is required to sharpen the skills, techniques and knowledge acquired by a law graduates to deal with specialised jobs since basically LL.B degree aims to mould the students as   good lawyers. It cannot be said that you will perform better than others as a member of the Civil Service, a corporate executive ,a journalist or a politician simply because you possess a law degree. May be, you can avoid pitfalls in the particular profession as you know the rules and regulations better than others once you acquire a law degree. At same time we have to remember that so many other vital factors other than knowledge of law are essential to excel in the professional arena.


7. Did your study of law help you in any way when you successfully discharged your duties as a law enforcement officer?

V.R Rajiven: From your question itself the answer is quite obvious. As a police officer I had to enforce Law, and knowledge of law was of great help. Among the various Services, I feel that IPS is the one where your knowledge of law will come to your aid throughout your career. Once you enter the IPS, from day one you start dealing with IPC, CrPC, Evidence Act, etc and a plethora of other Central and state Acts and Rules. On a day to day basis you will have to deal with prosecutors and court cases and your law back ground will be of great help.


8. What is your advice to Law students?

V.R Rajiven: The tenet of legal profession can never be considered financial gains alone. From the student days, a law student has to develop certain basic qualities like self esteem, humility, compassion, respect for law etc and should have definite ideas about his final destination - legal profession or elsewhere. Once the destination is finalised, he has to choose the right path to reach the place. As the   study time available to him remains the same, he has to make proper adjustments and find time slots for additional items if he wants to pursue a Civil Services Career after LL.B. He should understand that to get into the Civil Services he has to compete with students from different disciplines and LL.B   has no special edge over other courses. Keeping the above aspect in mind, you have to organise your studies.  Rather than mugging up from guides, depend on standard text books and reference books and always be willing and eager to learn from others and your own experience.  


myidnebil@gmail.com

Tuesday, 27 November 2012

ABORTION—A HUMANE MEASURE IN SOME POIGNANT CASES—LAW OR UNLAW

Savitha Halappanavar
Photo: www.thejournal.ie/ Peter Morrison/AP/Press Association Images


By V.R Krishna Iyer

Savita Halappanavar who had an unwanted pregnancy and because of great suffering demanded abortion and was denied the request because of Irish law and Catholic faith.  She died undergoing great pain.  This was inhuman.  Law must be compassionate and merciful when a young woman becomes pregnant unwittingly and on account of unfortunate social circumstances desires to get rid of her pregnancy.  Abortion is a right as a measure of social justice.  Savita, a young lady discovered her pregnancy and wanted to get rid of it.   Irish law was against abortion.  She cried in pain and eventually died in distress.  Catholic Law which prevails in Ireland is harsh and Savita’s pain is the penalty of this cruel law.  In many countries humanism allows abortion.  Poor Savita was a casualty of this unkind law.  Life is paramount and where peril to life or excruciating pain follows the law must be humane and abortion is integral to compassionate Justice and law must accept justice.  The rule of law must obey mercy and help the rule of life and humanity.
        In honour of Savita Halappanavar; in honour of the nearly 22 million women worldwide each year who endure unsafe abortion; in honour of the 47,000 women per year worldwide who die from complications of unsafe abortion and the estimated 10 times that number who suffer long-term health consequences; in honour of the millions of women who do not have access to contraception, who have no control over whether and with whom they have sex or whether or with whom they have children, we can fight back. In honour of the young girls married young and the women forced to bear children long past the point they are able to care for more … for all these women, we must continue to act, to liberalise abortion laws, ensure every woman has access, remove the stigma, and trust women, like Savita, who know when it is time to end even the most wanted pregnancy.

        Maybe, there is medical opinion of safe measures for pregnant young women who can avoid abortion and save the baby and the mother.  These rare cases are no justification for the rule of life through the right to abortion being guaranteed to every woman who faces a crisis consequent upon an accidental unwanted pregnancy.  The rule of law must be realistic enough to support the rule of life.  Taking into considerationof the fact that jurisprudence if pragmatic must come to the aid of the average common woman without the availability of delicate medical facility, society which decrees social and economic justice must take note of the fallibilities of common people and make law pragmatic and accessible to save life.  Then alone the rule of law serves the rule of life and justice becomes humanist.

O Hidden Life, vibrant in every atom;
O Hidden Light, shining in every creature;
O Hidden Love, embracing all in Oneness;
May each, who feels himself as one with Thee,
Know he is also one with every other
                                                Dr. Annie Besant




(V.R Krishna Iyer, eminent jurist, is a former Judge of Supreme Court of India)

Friday, 23 November 2012

LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played.


Shri. Prasanth Nair, is a 2007 batch Kerala Cadre Indian Administrative Service officer, who is presently serving as Managing Director of Government owned K.T.D.C. Hotels and Resorts. He is an alumnus of Government Law College Thiruvananthapuram (2000-2005).
Given below is the transcript of his interview with Nebil Nizar.

1.  How law students can positively engage in nation building and make a difference?
Prasanth Nair: In a single sentence, get educated and stop wasting time on frivolous things! Unless you value your time and value yourselves, leave nation building, even body building is a difficult task. What is lacking in most law students is primarily, humility and the ability to acknowledge others' knowledge. Arrogance and a closed mind cripples even the best minds. A modern India requires legal experts and practitioners who are open to ideas and changes, not those who are fossilized in time.


2. When did you start your preparations for Civil Services?
Prasanth Nair: I wanted to join the IAS when I was probably in the 10th or so. I must have started mentally preparing for it.  Conscious syllabus based preparations were made after I joined GLC as 1st year student in the 5yr course. 
       

3. How should a student of Law study if he is aiming for Civil Service Exam?
Prasanth Nair: Study the syllabus and the exam first. After he studies the exam, he can easily study for the exam. Take part in Moot Court competitions as that will help you sharpen your presentation skills, besides getting you attendance! In Government Law College Thiruvananthapuram, there are lots of things that are in your advantage while preparing for such an exam. Make most of it.


4. It is frequently asked question by law students whether LL.M or civil service preparation must be undertaken first. What do you think?
Prasanth Nair:I wonder why law students have such questions! 
I prepared for Civil Service when I was doing my 4th year B.A.L, LL.B and I appeared for the IAS interview based on my B.A.L degree, an year before I completed my course. Let us not complicate things by thinking too much on what to do first. It is all about priority. If you want to prepare you can do it even while doing your graduation. If you are a doubting Thomas, even after your PhD, you'll think what next.


5. Do you think that serving the corporate sector would instill professionalism in a young man?
 Prasanth Nair:Not necessarily. Many people without exposure to both government and private sector fall for this fad. Professionalism is a function of your mind and attitude, apart from sound training. The numerous reported instances of corporate corruption, mis-governance, insider trading, lobbying and even high profile cases of corruption related to  purposeful skewing of Government policies show the dark side of corporate administration.


6. It is seen that persons learned in law engage in many jobs without any other professional training and succeeds in that, be it Business, Journalism, Politics etc. Do you think that a law degree moulds a teen into a man?
Prasanth Nair: LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played. The years spent in the Law College indeed gives a man or a woman the exposure of a life time to a wide cross section of the society.


7. Did your study of law helped you in any ways when you successfully discharged your duties as an officer of IAS?
Prasanth Nair: Of course. Administration is implementation of law and clear knowledge of law and the procedures is a great help. The initial appointment as Sub Divisional Magistrate was a chance for direct application of law and the legal process which I thoroughly enjoyed. Knowledge of law also empowers you. I honestly felt that it made me the most powerful SDM in Kerala at that time! Knowing law also helps one manouvre through the complex labyrinth of administration.


8. Do you think that legal education needs a change in India?
Prasanth Nair: Legal education and the profession needs to get a thorough shakeup in India. Coteries and families alone cannot dictate the terms of the profession any longer. Genuine talent and hard work should be rewarded promptly as is the case in western countries. Efficiency and delivery of results should become the goal of the justice machinery and education should also be attuned to that effect, instead of teaching tactics to delay cases. Often it is said that what is taught in the college has hardly any relevance in the Court of practice. More avenues for corporate lawyers is slowly weaning away the brighter elements amongst the law students from court practice. This is more so because the initial years are difficult. Probably ensuing competition from opening up of legal services under international obligations would bring justice to ordinary but talented legal practitioners. Both corporate as well as court practitioners. It could gradually change the focus of legal education to a more utilitarian and practical method.

9. What is your advice to law students?
Prasanth Nair: Though we study a lot on justice and fairness, nothing is more unfair as is the life of a law student after graduation- that is unless we make a definitive move. If one chooses to flow with the tide, you are not going to be taken anywhere in this profession. There are a whole lot of avenues waiting just for a capable law graduate. Whether one ends up as a Supreme Court Judge or as a small time practitioner in a lower Court or a clerical staff or a file pushing bureaucrat, let us remember that we take pride in saying that 'I studied law', as if we know all the law in this world. Not as an advice, but as a suggestion to my brethren in this field, may I reiterate the need for humility and inquisitiveness which alone can make one successful. For we always remain students of law and we can never rightfully claim that we studied law!


(Shri. Prasanth Nair may be contacted at 
prasanthnair.ias@gmail.com. His articles can be read at http://prasanthias.wordpress.com)

Monday, 12 November 2012

N Natarajan suspended

N Natarajan
Photo: Mathrubhumi

By Nebil Nizar/myidnebil@gmail.com

Thiruvananthapuram: State Information Commissioner Shri. N Natarajan is suspended by Governor H.R Bharadwaj on the advice of the State Cabinet.

The Government of Kerala recommended suspension against N Natarajan on the basis of an enquiry conducted by Additional Director General of Police R Sreelekha and subsequent advice by Home and Law Departments.

Vigilance DySP V.G Kunhan complained to his seniors in black and white along with a audio recording that Deputy Inspector General N Natarajan (as he then was) was pressurizing him to spare VS Achuthanandan, the then Chief Minister, against whom a case was then investigated by him. V.S Achuthanandan, 
 former Revenue Minister K. P. Rajendran, the then Principal Secretary to Chief Minister Sheela Thomas and Personal Assistant Suresh were named as accused in the case.
Natarajan was appointed as the Information Commissioner during the tenure of V S Achuthanandan as the Chief Minister of Kerala. Now when the controversy raked up, VS Achuthanandan expectedly disowned Natarajan.

‘If Vigilance Report is against Natarajan, then he must move out’, said former Director General of Police M.G.A Ramen in a telephone interview. The Kerala RTI Federation has also requested the Governor to initiate proceedings against Natarajan.

Legal position of this issue is like this. Section 17(2) of RTI Act, authorizes Governor of a state to suspend Information Commissioners in case of malpractices. Section 17(1) of RTI Act says that Information Commissioner can be removed from service only after an inquiry by the Supreme Court.


Friday, 2 November 2012

The CRIMINAL Advocates

Shri. J Gopikrishnan
Photo: indologygoa.wordpress.com

By J Gopikrishnan

Mahatma Gandhi once compared Lawyers’ profession is like liar’s. I never took Gandhiji’s this particular observation seriously and even thought somebody must have misquoted him. But after my four year long 2G spectrum saga I am convinced Mahatma was very right here also.

Take this example. We all heard Ram Jethmalani talking blabbering on black money and even once he offered himself to become the Special Public Prosecutor of Supreme Court monitored 2G investigation and trial. Those days the Centre was trying to collapse Supreme Court’s move to appoint UU Lallit as Special Public Prosecutor. It was because he was not a pliable character. The Ministers who were advocates in the UPA government don’t want Lalit as Special Public Prosecutor as all aware 2G probe may go to unseen angles.

Within minutes of Jethmalani’s declaration, Subramanian Swamy objected and at last Lalit became the Special Prosecutor.  We have seen, Jethmalani within days landed 2G special court as accused Kanmozhi’s advocate. Jethmalani who fought case in Supreme Court on black money (Really I don’t know how this so called Bring Back Blackmoney campaign aims to achieve the goal) was the lone BJP MP, who never declared that he don’t have foreign bank accounts. When BJP MPs rallied to file – no foreign back account – affidavit, Jehtmalani was absent. He excused on his daughter’s illness and she died after few weeks. Within days after the death, he landed in Delhi’s shivering winter to argue for Kanimozhi in small trial court.

Vineet Narayan of Hawala case told me in detail, how Jethmalani, who represented him collapsed the case. Vineet publicly said, Jethmalani offered him one million dollars for compromise. Though Jethmalani threatened him of filing defamation case, he never did it.  

I brought out this example as classic case of how the profession of advocates have degraded. I have seen so many advocates in the Patiala House Court (Local court complex in Central Delhi) coming in old scooters and small cars. After 2G special court was established and so many corproates landed as accused, within days these advocates were seen dashing in Mercedes Benz and BMW kind of vehicles with iPads in hands. Small time lawyers started landing courts with so many juniors like a fashion parade. I have seen one accused shouting and almost hitting such an advocate, when his bail application was cancelled. The reason was, the fraud advocate claimed that he had manipulated the judge and this time bail was a sure. Fearing life, advocate complained to police. As an advocate, he well knew that his client has patronage of underworld- terorist Dawood Ibrahim. Police asked him to file written complaint, which he never did and the issue was settled after he gave back around Rs. Five crore to accused's father.

I wish to write a book soon on the 2G spectrum scam saga, where advocates become the ultimate beneficiaries. As the case is in the trial stage, let me put a pause on this regard.

Veteran journalist Arun Shourie has written on several occasions, that major political parties are now under the control of advocate turned politicians. These advocates are all belong to corporate companies’ racket and now stopped representing any Public Interest Litigations (PIL). Some never in their career appeared for PILs. Majority of the spokespersons are corporate advocates, barring some few. Everybody is a “retainer” of most of the companies, who owe billions or looted billions of public exchequer.  Most of the politicians cum advocates are representing the case of tax evaders. They abuse their position in politics to flourish their business of advocacy or lobbying and becoming the part of looters of the country.

Earlier so many advocates entered politics to serve community. Many leaders wore black gowns during independence struggle to save the young men from gallows. But now that breed had gone and money mongering corporate lawyers infiltrated into India’s polity. How many so called legal luminaries are entertaining PILs. Everybody started charging lakhs on hourly basis and some started crores on daily basis. Very few people like Prashant Bhushan entertaining PILs and representing cases literally free for common cause.

The generation that fought on PILs have gone. The saddest point is, when you ask young advocates, all wanted to become or dreaming to become corporate advocates, aiming to spend court vacations worldwide. Very, very few are working on petitions on social cause and agonies of common man.

This is long debatable topic on how clean this noble profession. There need a tough Regulator for this profession.  We have to strengthen the Bar Council for acting against these elements which spoil the spirit of the profession, which once guided the world. The first thing to rectify the system is the thorough redrafting of India’s redundant Advocates  Act to clean this noble profession, now infiltrated by money mongers and manipulators.


(J Gopikrishnan is a journalist working with “The Pioneer” newspaper. His articles can be read at his blog :http://jgopikrishnan.blogspot.in/ )