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Updated September 18th, 2021 at 17:38 IST

'Indianisation of legal system need of hour': CJI Ramana bats for litigant-centric courts

Addressing an event to pay tributes to late SC judge Justice Mohan M Shantanagoudar, he said the need of the hour is the “Indianisation of our legal system.”

Reported by: Gloria Methri
CJI Ramana
PTI/Shutterstock | Image:self
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Chief Justice of India NV Ramana on Saturday called for 'Indianisation' of the country’s legal system and said it is crucial to make the justice delivery system more accessible and effective. Highlighting the need for Courts to be litigant-centric, CJI said the simplification of justice delivery should be the pressing concern.

“Very often our justice delivery poses many barriers for the common people. The working and the style of courts do not sit well with the complexities of India. Our systems, practice, rules being colonial in origin, it may not be best suited to the needs of the Indian population,” CJI Ramana said.

Addressing an event organized in Bengaluru to pay tributes to late Supreme Court judge Justice Mohan M Shantanagoudar, he said the need of the hour is the “Indianisation of our legal system.”

“When I say Indianisation, I mean the need to adapt to the practical realities of our society and to localize our justice delivery system." "For example, parties from a rural place fighting a family dispute are usually made to feel out of place in the court; they do not understand arguments or pleadings which are mostly in English, a language alien to them,” he added.

The Chief Justice also noted that judgments have become lengthy these days, which further complicates the position of the litigants.

“For parties to understand the implication of the judgment they are forced to spend more money. Courts need to be litigant-centric as they are the ultimate beneficiaries. The simplification of justice delivery should be our pressing concern. It is crucial to make justice delivery more transparent, accessible, and effective,” he said.

CJ Ramana also said that procedural barriers often undermine access to justice. He said a common man should not feel scared of judges and the courts and should be able to speak the truth. He said it was the duty of lawyers and judges to create an environment that is comforting for litigants and other stakeholders.

“We must not forget that the focal point of any justice system is the litigant, the justice seeker,” the CJI said, adding that “usage of alternative dispute mechanisms such as mediation and conciliation would go a long way in reducing the friction between parties and would save resources. It also reduces the pendency and requirement of having lengthy arguments and judgments.”

"Common man's judge" passes away

Justice Ramana remembered Justice Shantanagoudar who died on April 25, as an “extraordinary judge" with whom he discussed such topics every day. Expressing “deep gratitude” to Shantanagoudar’s contribution to the Judiciary, the country’s jurisprudence and for his friendship, the Chief Justice said, “in losing him, the country has lost a 'common man’s Judge.'

Justice Shantanagoudar died at the age of 62, last month after battling a lung infection at a private hospital in Gurugram. Shantanagoudar was elevated as a Supreme Court judge on February 17, 2017. He would have remained in office till May 5, 2023. 

"I have personally lost a most cherished friend and a valuable colleague,” said Justice Ramana, mourning the loss. 

More about late Justice Shantanagoudar

Born on May 5, 1958, in Karnataka, Shantanagoudar got himself enrolled as an advocate on September 5, 1980. He was appointed as an additional judge of the Karnataka High Court on May 12, 2003, and became a permanent judge in the court in September 2004.

Later, Justice Shantanagoudar was transferred to the Kerala High Court, where he assumed charge as the acting chief justice on August 1, 2016. He became the chief justice of the Kerala High Court on September 22, 2016, before being elevated as an apex court judge.

(With inputs from agency)

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Published September 18th, 2021 at 17:38 IST

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