CJI says Legislature needs to revisit laws

“Sadly, our system is designed in such a way that by the time all the facts and law are churned in the court of law, much gets lost,” says Justice Ramana.

The Chief Justice of India, Justice N. V. Ramana on Saturday said the Legislature needs to revisit laws and reform them with accordance to time so that they match “practical realities”.

The CJI, while inaugurating the new building of the Odisha State Legal Service Authority in Cuttack, also said there is a need for the executive and the legislature to work hand in hand in realising “constitutional aspirations.” “I emphasize, our laws must match with our practical realities. The executive has to match these efforts by way of simplifying the corresponding rules,” Justice Ramana said.

He also emphasised that it was important for the Executive and Legislature to “function in unison in realising Constitutional aspirations.” The CJI noted that it is only then that the Judiciary would not be compelled to step in as a law-maker and would only be left with the duty of applying and interpreting laws.

At the end of the day, it is the harmonious functioning of the three organs of the State that can remove procedural barriers to justice, he pointed out.

Stating that the Indian Judicial system is faced with twin challenges, the CJI pointed out that the first one is that of “Indianisation of Justice delivery system”.

Even after 74 years of Independence, traditional and agrarian societies which have been following customary ways of life, “feel hesitant to approach the courts,” he noted.

“The practices, procedures, language of our Courts feel alien to them”, he said adding that between the complex language of the acts and the process of justice delivery, the common man seems to lose control over the fate of his grievance.

Often in this trajectory, the justice-seeker feels like an outsider to the system, he pointed out.

He, however, said that although it is a harsh reality, often the Indian legal system fails to take into consideration social realities and implications.

“Sadly, our system is designed in such a way that by the time all the facts and law are churned in the court of law, much gets lost. People might be bringing their problems to the courts, but what remains at the end of a day is yet another “case”, the CJI said.

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