Law Day November 26, 1995
Hon'ble Mr. Justice A.M. Ahmadi, Chief Justice of India, Hon'ble Shri H.R. Bhardwaj, Minister of State for Law, Justice and Company Affairs, Shri Milon K.Banerji, Attorney General for India, Shri Kapil Sibal, President, Supreme Court Bar Association, Shri M.N.Krishnamani, Vice President, Supreme Court Bar Association, Hon'ble Judges of the Hon'ble Supreme Court of India, Hon'ble Chief Justice of Delhi High Court, Hon'ble Judges of Delhi High Court, other dignitaries, senior members of the Bar, colleagues and friends,
It is my proud privilege to welcome you on this 'Law Day' and I welcome you, one and all. I welcome you all on this 16th (sixteenth) Law Day Celebration as we commenced celebrating it from 1979, though it relates back to November 26, 1949 when we adopted, enacted and gave unto ourselves our constitution. On this occasion, we have been doing heart searching, we have carried out introspection, we have talked about our problems and difficulties and possible answers to resolve the same, in our march to reach the ultimate goal of 'Universal brotherhood', of Gandhian goal of 'wiping out every tear from every eye' and constitutional goal of justice, liberty and equality to our citizens.
The manifestation of the One Cosmic Reality through us all, basically leads to two major expressions, one within and other without. These in turn lead to 'our problems' and 'problems because of us' and on this Law Day, we relate them to our profession. Most of our basic problems with which majority of advocates struggle today, relate to basic professional necessities like proper facilities of chambers, cubicles, conference rooms, library, parking, canteen and even clean toilets and that is why we are called developing.
Supreme Court Bar Association spends 60% of its total collection on the salaries of the staff, 30% towards printing, stationery and other miscellaneous expenses and meager about 10% for library. Nothing on academics, nothing on research and development and of course we have no welfare scheme, which clearly establishes that we are lacking far-behind in effectively contributing to bring about professional proficiency amongst our fellow members, which must be the real thrust of our activities.
We seriously lack in 'informatics,' which is the most powerful tool of todays 'third wave' situation, where we conceive of the existence of a 'Global Village' with 'Electronic Cottages'. To make a beginning for the first time the Bar Association has installed a computer (donated by our President, Shri Kapil Sibal) in its office. We have already developed a data base of all our 3091 members. For the first time on November 16,1995 we have started a 'Meet a Lawman Series' for guidance of the young lawyers, which was inaugurated by the Hon'ble Chief Justice of India with Shri F.S.Nariman delivering the keynote address.
Undoubtedly, the existing legal system is not up to the mark, but one must always be reminded of what Roscoe Pound wrote (Justice According To Law, p.90-91) :-
"Realism in art is a cult of the ugly. The realists say that ugly exists in nature, therefore, it is true. So to be true we must paint the ugly. But when they say that ugly is real, they may mean that it exists, which nobody can deny, or they may mean that it is significant which is disputable. We have always known that judicial process does not at all times, in all places and in all respects confirm absolutely to our ideal of it. Despite all checks with which we surround it, it does not come out in every case entirely as we could wish. But, the striving for the ideal goes far to realise the ideal. It is the approximation to our ideal which is significant not the falling short, which we seek continually to control and reduce to a minimum."
Problems created by us are also many. The fundamental being our incapacity to raise our professional level enabling control of the increasing social decay. It is our profession alone, which deals with all social activities, including its evils and we have the potentiality to control them. Our law reports, reflect our achievements and involvements. We find in them every issue, big or small, difficult or easy, complex or simple which has arisen and effected our social and economic, growth and development and with which law has developed 'brick by brick'. We have only to brace ourselves together, by joining our heads and hands together, by putting our house in order and fight just one evil, which as our Hon'ble Chief Justice puts it 'wipe out one blot on our face' i.e. 'the arrears'.
Individually we are intellectual giants, but collectively, we fail to co-ordinate and emerge as the leading institution. We need some more scientific and spiritual temperament, for we are passing through an era of crises of faith and trust. While welcoming you all on this Law Day, it can only be wished that we leave our small petty 'islands of thoughts' which we under illusion, believe to be the 'Whole'. We are the only hope for the nation, if we are able to surge ahead jointly, in the spirit of this land, from the time of Rig Veda till today -
"Meet together, talk together,
May your minds comprehend alike,
Common be your actions and achievements,
Common be your thoughts and intentions,
Common be the wishes of your hands,
So may there be union amongst you."
However, that is only possible if we are well equipped, we have better tools for our surgery, we have developed para legal services, the economics of the profession works well ( of course for young lawyers) and we are not made to dissipate our thoughts, energy and time on minor problems. One arise out of the other and we go round in a circle. We will have to break this circle, some generation will have to do it and we are ready to do it. All we need is some more patience, some more guidance and some more support. I am very optimistic ( obvious because I have to be here for next 25 yrs., though I am also aware that 25 yrs. is insignificant in our nations history of 5000 yrs.) and my guiding lines have always been what Dr. Radhakrishnan felt (Our Heritage, p 13) :-
"...that we are still alive, still vital, still looking forward, still dissatisfied with our present, still not merely adoring the past, but looking forward to the future. So long as we (all) have this kind of impulse in our mind, the future of our country (institution), of every country for that matter is safe."
With these words, I welcome you all on this evening.
Aruneshwar Gupta
Secretary, SCBA