There have also been some theoretical criticisms of the growing environmental jurisprudence in our country. Many commentators have argued that frequent judicial interventions in this area have reduced the incentive for executive agencies to improv..

There have also been some theoretical criticisms of the growing environmental jurisprudence in our country. Many commentators have argued that frequent judicial interventions in this area have reduced the incentive for executive agencies to improve their functioning. It has also been urged that there seems to be a certain clique of individuals who have come to specialise in filing frivolous PILs. It is further alleged that the decisions given in these cases depend too much on the personal sensibilities of the judges who hear them and hence result in a lack of consistency in the long-run. Furthermore, the frequent reliance on writ jurisdiction reduces the importance of ordinary remedies such as those of filing ‘representative suits’ (under the Code of Civil Procedure) and claiming damages for torts such as ‘public nuisance.

In the coming years, Institutions such as the Gujarat National Law University (GNLU) among others, must also act as incubators to train researchers and law teachers who can then implement meaningful changes in the numerous institutions in our coun..

In the coming years, Institutions such as the Gujarat National Law University (GNLU) among others, must also act as incubators to train researchers and law teachers who can then implement meaningful changes in the numerous institutions in our country. On this point, I am happy to note that plans are afoot to start LL.M. and PhD. programmes at this institution. However, I would also urge that these research degrees carry a high degree of rigour. So far, the success of the various National Law Universities is largely on account of their autonomous administrative structure which enables flexibility in aspects such as curriculum design, evaluation methods and service-conditions. The dissemination of the best practices evolved at these institutions can perhaps help in improving the state of legal education as a whole. The National Knowledge Commission has also urged that we cannot rely on a few elite institutions to bring about whole-scale improvements in our legal system. Therefore, there is a compelling need to take on the triple mandate of strengthening the teaching, research and extension activities of the institution so that the benefits of a sound legal education can reach more people.

The Legal Aid movement is indeed at the crossroads today. The agenda for improving access to justice is an important part of social policy. At one level, social distinctions based on caste, class, gender and ethnicity impede the ability of citizen..

The Legal Aid movement is indeed at the crossroads today. The agenda for improving access to justice is an important part of social policy. At one level, social distinctions based on caste, class, gender and ethnicity impede the ability of citizens to approach the judicial system. At the same time, the limited reach of the judicial system further creates the conditions for more inequality since the oppressed sections are unable to seek redress for their injuries and grievances. It is in recognition of these persistent problems that we must chart out our steps for strengthening the legal aid movement. I hope that the initiatives taken to train young persons as ‘paralegals’ will prove to be successful and also serve as a model which can be replicated all over the country. All stakeholders in the legal system should wholeheartedly support the deepening of the reach of legal aid services.

Legal materials such as the decisions of Indian as well as foreign courts, legislations, treaties and academic writings can be accessed through the medium of computers and the internet. Such research facilities were unthinkable for ..

Legal materials such as the decisions of Indian as well as foreign courts, legislations, treaties and academic writings can be accessed through the medium of computers and the internet. Such research facilities were unthinkable for our generation and I would urge the teachers and students to make the best use of these resources in order to produce legal scholarship of such a high standard that judges, administrators and legislators would be compelled to read the same. In the long-run it is the quality of research and publications coming out of an institution which shape its reputation and I sincerely hope that our law colleges endeavour to improve the same.

The Information Technology Act was amended a few months ago and Section 79 now provides a defence for ‘Network Service Providers’ who can demonstrate that they were not aware of the offensive content circulated through&n..

The Information Technology Act was amended a few months ago and Section 79 now provides a defence for ‘Network Service Providers’ who can demonstrate that they were not aware of the offensive content circulated through their services. While the limitation of liability was necessary to ensure that companies are not discouraged from providing internet access, the original problem has not been solved. More and more persons are being victimized through the digital medium and it is our moral responsibility to tackle the misuse of information technology.

The Bar Association of India has pioneered various reforms under the stewardship of several legends of the legal profession, thereby fulfilling its objective of creation. President Rajendra Prasad while inaugurating the Association ..

The Bar Association of India has pioneered various reforms under the stewardship of several legends of the legal profession, thereby fulfilling its objective of creation. President Rajendra Prasad while inaugurating the Association had set the goals of the Association and it would be apt to conclude with his observations:  “A body like this can help in resolving many of the difficulties which may arise and in guiding public opinion  in the country and also, if I may so, members of  Legislatures in whom power of legislation is vested. The President also felt that there was:  “the need for a strong Bar, and the formation of a Bar  Association like the one that you are going to have, is  sure to help in the development of those qualities  amongst the members of the Bar which will also be  reflected in course of time in the members of the Bench  when they come to be exclusively recruited from among  the members of the Bar.

I am very optimistic about the future of this great institution. I am handing over the baton to none other than a Judge with immense versatility and supreme skill, Justice Kapadia is a Judge who supplements his reason with the promp..

I am very optimistic about the future of this great institution. I am handing over the baton to none other than a Judge with immense versatility and supreme skill, Justice Kapadia is a Judge who supplements his reason with the promptings of a sensitive and an understanding heart, the Judge with a sleepless sense of justice, with a habitual, glowing, vision of righteousness. He decides not, indeed, according to his own private impulse but in accordance with the laws and customs of the land by reading them in the light of their ethical significance and, I am sure, he will be a fearless defender of citizens' rights. Future of this institution would be safe, secured and protected in his hands. This court has got an array of excellent advocates.I can only say that I am extremely fortunate to have discharged my functions in this Court amongst these advocates who have made history in the profession

Judicial independence is one of the essential elements of Rule of Law. Every civilized society has seen the need for an impartial and independent judiciary. The principle of Judicial Independence has acquired renewed significance, s..

Judicial independence is one of the essential elements of Rule of Law. Every civilized society has seen the need for an impartial and independent judiciary. The principle of Judicial Independence has acquired renewed significance, since the Constitution of India has conferred on the Judiciary the power of judicial review. However, keeping in mind the doctrine of Separation of Powers, udiciary has to exercise considerable restraint to ensure that the surcharged democracy does not lead to a breakdown of the working of the Parliament and the Government. The Judiciary needs to work in the area demarcated by the Constitution. Awareness about rights has grown while correspondingly redressal from the Executive has been reduced. The Executive has its own compulsions – huge population, lack of resources, high inflation, global economic region etc. As a consequence litigation has multiplied. Despite commendable achievements in terms of disposal which I will presently demonstrate, the challenge is and should be for Zero Pendency in which direction a lot needs to be done.

Institutions like Lok Adalats must be nurtured for resolving disputes in an amicable, cooperative and non-adversarial manner, which will have a significant impact on the working of judicial system in the country. Observing, the incr..

Institutions like Lok Adalats must be nurtured for resolving disputes in an amicable, cooperative and non-adversarial manner, which will have a significant impact on the working of judicial system in the country. Observing, the increase in the number of cases being filed every year I feel that on account of success of this lok adalat this can also be organized as an yearly event untill such percentage of pendency of cases are 5brought down. I am confident that the parties themselves will also be more inclined to settle the disputes through lok adalats as the law precribes for refund of court fee if the case is settled by lok adalats.

National Legal Services Authority (Legal Aid Clinics) Regulations, 2011 is certainly momentous for more than one reason. The idea of roping in law students through their respective 3universities in rendering the legal service via legal aid clinics..

National Legal Services Authority (Legal Aid Clinics) Regulations, 2011 is certainly momentous for more than one reason. The idea of roping in law students through their respective 3universities in rendering the legal service via legal aid clinics is a splendid idea, since it directly encourages the young legal minds to be part of the mission of legal empowerment and also gives them the platform to interact with common masses on their legal dispute.