KALEESWARAM RAJ ON JUDICIAL REFORMS
Rethinking Judicial Reforms by Kaleeswaram Raj ; Published by Universal Law Publishing /LexisNexis ; Pages 179 ; Price Rs 395/-
The author of this book Kaleeswaram Raj practices as a lawyer in the Supreme Court of India and the High Court of Kerala. His domain is Civil, Criminal and Constitutional Law. He is a regular contributor to legal journals and has published over six books.
Prof. Madhava Menon in his “Foreword “ points out the three legs on which the legal and judicial system rest.
1.The laws which lay down a normative order reflecting the will of the people;
2.Institutions and structures that make the laws functional ;
3.Legal personnel such as administrators, police, judges and lawyers who make the institutions work.
The book under review critically analyses the legal and judicial professions and their performance. During the seven decades of India as a free nation
there has emerged in the country what is known as “Krishna Iyer School of Jurisprudence” based on the yeoman service rendered by Justice Krishna Iyer who has attempted to bridge the gap between the constitution and the vast masses of Indians still outside the system.
Raj has undertaken deep research and analysis of law on all issues of public importance arising out of courts and tribunals in the country. He is concerned with the aberrations in the system and the imperative need for corrective action. He deals with judicial ethics, electoral corruption and fair advocacy.
Raj underscores the need for a forensic approach to study the metabolism of legal developments and comprehend their impact on the fundamental values enshrined in our Constitution. The judicial institutions and its putative goals need a thorough scanning by evolving an assertive citizen’s jurisprudence. The lawman’s professional genius and ethical consciousness should foresee the adverse social impact of the inhospitable ambience created in courts.
The question of judicial appointment is so fundamental that it has several ramifications on the system. According to Raj, ” sooner or later, we need to design a better institutional framework for judicial appointments either by way of judicial synthesis or imaginative legislation.”In India judicial reform has been a formal institutional subject, which got entangled in the reports of the law Commission and other reports.
The book is divided into seven parts. Part One is on legal profession. The number of lawyers in India has exceeded 13 lakhs. One chapter analyses “Fair Advocacy”. As a political concept with apparent ethical dimensions it provides a directional change in evaluating the legal profession.
The second part is on judicial conduct. ‘Thesis’ of judicial independence always meets the ‘ anti-thesis’ of accountability. Judicial independence is not to be mistaken for immunity from public scrutiny.
The third part on judicial appointments calls for a cleaner and better judiciary. Raj pleads for legislative activism for a better and more democratic system of choosing our judges.
Part four is on judicial management. Faith of people in the courts depends upon the efficiency of the system. Raj calls for comparative studies from jurisdictions abroad to help us run our country better.
Part five is essentially a debate on judgments with some reformative ingredients. The author tackles certain key areas in the constitution and some statutes. Discussed at length are the cases such as Shah Bano, Kedarnath,Shreya Singhal and Uttarakhand.The intervention in the Uttarakhand case by the High Court and the Supreme Court indicate different approaches to the same legal conundrum which can be a critical analysis of the methodology adopted by the courts.
Part six discusses the problem of “The Preamble”. It also studies relevant areas of law which form part of legal and judicial reform. Uniform Civil Code is studied in depth.
The final part is related to random thoughts on politics of Indian judiciary—and analyses with certain primary legal tools and pleads for a Krishna Iyer school of jurisprudence. No other judge or politician in India could ever explore the enormous possibilities of the Indian constitution as had been done by Justice V.R.Krishna iyer.
The book is a testament of faith—clearly depicting Raj’s interest, passion and reach beyond the confines of codified law; his social sensitization and his political awareness.
One cannot but agree heartily with Justice Kurian Joseph who declared, ”Raj’s approach is always forthright and honest, and therefore the analysis is lucid. The articles have certainly contributed to the growth of jurisprudence”
P.P.Ramachandran
25/03/2018