How Attorneys and the judicial system works in India

Most people in India still view the legal profession as one where integrity and ethics play crucial roles in upholding the principles of liberty and justice. The judicial system as we know it today was introduced by the British during their four-century-long rule over the country. It replaced the age-old feudal system of having landlords and royalty deciding disputes. In the early days of British rule, the legal profession was not given attention and was not well organized. A Supreme Court was established only in the late eighteenth century. For a long time, "the natives" were not allowed to be "barristers," as lawyers were called then. Only British barristers were eligible for practice.

Post-independence, The Indian Bar Committee was established under the Chairmanship of Justice S. R. Das. It recommended a common role for Advocates, who would be authorized to practice in all Courts across the country. Finally, in 1961, the present Advocates Bill was passed. Today, lawyers as a group play an important role in administration of justice. Advocacy is viewed as career taken up by people who want to serve society. Lord Macmillan, once said, "No other profession touches human life at so many aspects as the legal profession does."


Lawyers are considered to be guardians of the two pillars of democracy: liberty and justice. However, the high morals that once regulated this profession are slowly being eroded. An overall fall in social standards is to a great extent responsible for the current defects in the system. Delayed justice, huge backlogs, and non-availability of experts in the field of law are common problems.

The Judicial System in India

Unlike the U.S., India has a parliamentary form of government that is regulated by Rule of Law as set forth in the Constitution. The judicial system attempts to provide social, economic, and political justice to all citizens. However, like the U.S., there is a division of power between the union (federal) and state. "The judiciary was an arm of the social revolution, upholding the equality that Indians had longed for."

The Union Judiciary

The Union Judiciary consists of a single Supreme Court located in New Delhi, the capital of the country. It is the final interpreter and guardian of the Indian Constitution. The Supreme Court is also the guardian of Fundamental Rights and has often been called upon to safeguard minority rights. It consists of a Chief Justice and other judges. The total number of judges at present is 26, including the Chief Justice. Judges of The Supreme Court and the Chief Justice are appointed by the President of India.

The appellate jurisdiction of The Supreme Court can be divided into four major categories:

• Constitutional Matters
  
• Civil Matters
  
• Criminal Matters
  
• Special Leave to Appeal

Thus, an appeal shall go to the Supreme Court from any judgment, decree, or final order of a state judiciary court whether in civil, criminal, or other proceedings and if the High Court certifies that the case involves a substantial question of law.

The State Judiciary

The State Judiciary consists of a High Court and a system of lower courts. There is a High Court in each state of India. The High Court stands at the head of the judiciary in the states. Every High Court consists of a Chief Justice and such other judges as the President may appoint from time to time. There are various kinds of district courts subordinate to the High Court.

Tribunals

Tribunals are administrative bodies set up solely for the purpose of discharging quasi-judicial functions pertaining to administrative, industrial, tax, employment, foreign exchange, and other areas of law.

Legal Aid

Poverty is widespread in India, especially in its rural heartland. Over the years, the traditional legal system has failed the poor, and they have lost confidence in the judiciary. In order to allow this deprived section of society easy access to justice, the Legal Service Authority Act has been created. The courts, or legal aid clinics, set up under this act, in local parlance, are called Lok Adalats. Under the Act, legal literacy and training camps for paralegals have also been set up. Equality before law is meaningless unless all inequalities are made equal. The Lok Adalats have significantly contributed towards providing quick, fair, and free justice to many.

Social Standing

In India, lawyers have a special standing in society. They get respect from everyone they come into contact with. This includes clients, witnesses, opponents, colleagues, the public in general, and most important, the courts. Advocacy is not a business, but a profession. The public looks upon advocates as the guardians of order, justice, and liberty. Lawyers are officers of the court and have a sworn duty towards it. They assist the court in arriving at a correct judgment. The Honorable Justice P. N. Sapru has stated that the justification for the existence of counsel is that each side to the controversy should have the capacity to present its case before an impartial tribunal in the best and most effective manner possible. Lawyers are a bridge between the public and the court. The law is called upon to balance conflicting interests in society.

The Flip Side

There are two sides to every coin, and the profession of law is no exception. Often enough, the client is interested only in winning the case, the court is interested in disposal of the same as quickly as possible, and the lawyer is interested only in making money. The legal profession is considered a profession of great honor. Its goal is the greater public good, rather than private gain. It is not a moneymaking occupation. Thus, the attorneys should adhere to the code of professional ethics and avoid professional misconduct. The Supreme Court has observed that the legal profession partners with the judiciary in the administration of justice. Thus, the standing of lawyers in the society is based upon how the lawyers function, and it should be something that people feel proud of.

Conclusion

The Indian legal system is somewhat different than its U.S. counterpart. The most significant difference is there is no jury system. Verdicts are handed down by a qualified judge. Also, in India, lawyers are required to wear a uniform consisting of a white and black dress. When they plead a case in court, a black overcoat is a must. In contrast, in the U.S., there is no such uniform system. Further, in comparison, the Indian legal system is slow and opaque. The rich and influential more often than not can get away with murder-literally. Delayed justice, which is very common in India, is no justice. However, as with other governmental systems in the country, the legal system is slowly becoming more transparent. Finally, there are a few upstanding professionals that provide hope for the future.