NATION CELEBRATES
LAW DAY TODAY
The
nation celebrates Law Day today to mark the adoption of the Constitution
of India 53 years ago on November 26, 1949.
The eminent representatives
of the people had deliberated painstakingly for three long years
in the Constituent Assembly to lay down the most effective system
of governance for the people of India.
The Constitution
of India envisages a Parliamentary democracy, where the top executive
comes from the elected representatives of the people, and is answerable
to the Legislature. There is a clear division of power between
the three organs of the Government, namely, the Legislature, the
Executive and the Judiciary. A delicate balance is maintained
between them through a system of checks and balances. The Constitution
also grants Fundamental Rights to its people, which are indispensable
for the advancement of the individuals. It further gives directions
to the Executive and the Legislature to always bear in mind certain
principles aimed at reducing disparities and uplifting the weaker
sections of the society.
The task of harmonizing
the Fundamental Rights and the Directive Principles has always
been very challenging. The Supreme Court has won admiration of
all in performing this task and for upholding the Rule of Law.
Of late, the general
tendency of the people to litigate, large number of Government
cases, and procedural delays have brought our judicial system
under strain as the number of cases pending before the judiciary
has gone up and disposal slowed down. While the judicial reforms
point out that there has been a mushroom growth of law colleges
in the country since independence, there has been a considerable
fall in the standards of legal education. There is an urgent need
to arrest this trend and to improve the quality of law education.
Another phenomenon that has caught judiciary is Public Interest
Litigation (PIL). There is no doubt that PIL has served very useful
purpose. At the same time, PIL needs to be handled with care and
caution A new feature that has emerged in the judiciary is provision
of legal aid to the poor and weaker sections of the society as
a part of the Directive Principles of State policy. A comprehensive
legal aid programme has been launched in the country which is
monitored by a Central Authority headed by the Chief Justice of
India. Lok Adalats have been given statutory status, and being
organized regularly throughout the country. A large number of
cases have been settled by Lok Adalats, which indicates an encouraging
trend.
