Prime Minister Narendra Modi said on Monday that every institution has to evolve in tune with the times, a statement that was seen as a veiled reference to continuance of the collegium system by the Supreme Court which had struck down the National Judicial Appointments Commission.
Adding a new slogan of ‘sabka nyay’ (justice for all) to his famous ‘sabka saath, sabka vikas’, he pitched for rendering free legal aid to the poor at a judicial forum. He said this should be a criterion in selection of judges and that dedication and commitment of the administration in ensuring justice may open up ‘new ways’.
“I believe in ‘sabka saath, sabka vikas’ and with that there must be ‘sabka nyay’,” he said.
Though the prime minister did not make any reference to the striking down of the NJAC Act by the Supreme Court, some of his remarks were seen as a veiled reference to that subject.
“No institution can remain static. Changes are inevitable in tune with the times. There is a need to change the way we think -- old things are the best and that is why we will not lay our hands on them is not the way,” he said.
He said the concept of Lok Adalat has been successful. But if we say there has been fulfilment, then there will be stagnation.
The prime minister was addressing a gathering of top judges, law officers and legal experts at the foundation day celebration of National Legal Services Authority in New Delhi with Justice T S Thakur, who is set to become the next Chief Justice of India, on the dais along with a few other judges.
Heaping praise on NALSA for extending free legal services to millions of people, Modi said, “In every system, the boundary should expand consistently, its characteristics should keep changing and power should keep growing.”
Complimenting the free grievance redressal mechanism set up by the judiciary, Modi called it a ‘big thing’ as nearly 8.5 crore pre-litigation and pending cases were solved by the Lok Adalats in last two decades and said it showed that how good the outcome could be if there was ‘out of box’ thinking.
“If the government is also dedicated to justice and is alert towards it, then a way can be found,” he said, while emphasising the need to ensure justice to the poor and the downtrodden.
He further said, “I was telling Justice Thakur with diffidence, when there is recruitment (of judges) can we ask them how much time you had devoted for providing legal aid to the poor.”
Calling for research by law universities on Lok Adalats, Modi said little changes in the system and rules may benefit the people. “We can lower the burden on the judiciary and we can stress on ensuring quality justice which is our intention. That is why there is a need for collective effort.”
On government’s efforts to ensure welfare of all sections, Modi referred to transgenders and said there was a need for systemic changes.
“Can you imagine how much apathy there has been towards transgenders? The almighty has given them what he had to give. We will have to bring changes to the legal system. Will have to bring changes to the rules. Government will have to change the points of view about them. We will have to do things together,” he said.
On his suggestion of including the criterion of time spent by judges in providing free legal aid to the poor for judicial appointment, Modi said if such a provision was made, then it will help develop sense of accountability and sensibility towards the poor.
At the same time, he added, “I am saying these things but I do not know the nitty gritties.”
Referring to Justice Thakur's elaboration on various schemes being implemented by NALSA, the prime minister lauded his efforts and said these aspects of the judiciary is not known to the common people.
“I do not know Justice Thakur much. I have got the opportunity to talk to him because of this event. But, I am surprised to see his involvement in the subject (to ensure justice to the poor). I think there will be automatic solutions to the problems if we have such a leadership both at the central and state-level.”
The prime minister said a huge section of people does not have the courage to come to courts but their problems are being looked after by the Lok Adalats.
Photograph: Prime Minister Narendra Modi greeted by Justice T S Thakur, soon to be chief justice of India, at the foundation day celebration of National Legal Services Authority in New Delhi on Monday. PTI Photo
