Legal luminaries have, for long, steered clear of the issue of
"unequal" treatment of cases by the members of judiciary. Although it
is not a common practise, it is not unheard of; for some of our judges to treat
cases before them not on the basis of merit but on the basis of the social
standing of the litigating parties and the face-value of their counsels
(lawyers).
We discuss and appreciate the judiciary; and rightly so, for the
remarkable work that it has carried out over the years, but somewhere we tend
to forget or merely ignore the other (darker) side. It is of utmost importance
to keep the most important part of the democracy, the saviour of the people,
free from all forms of corruption.
DISCLAIMER: The
following satirical piece does not in any way try to generalise the entire
legal fraternity; it is only meant to highlight a small area which indeed is
facing these issues.
1. The Uncle
To survive here,
you have to have an uncle. How would he be of any help, is that what you ask?
To this my friends, you must know that all the "law" you learnt back
in your law-school was pretty much useless. Unless your uncle puts in a word
for you, you are doomed. Right from finding you a job, to appointment as a
local commissioner (we're talking big bucks here), to even being heard, you
HEARD that right (pun intended), BEING ACTUALLY HEARD by their lordships; your
uncle can get it all done!
But wait! Don’t
let go of your uncle yet. He will eventually get you big clients and help you
establish a law practise (least amount of law involved) and it’ll flourish! You
will end up using the uncle’s name for most of your life. And your children too
will.
2. The Brother Judge
This works when
your father is a judge. The brother judges (and the entire court staff) will
take care of you. You needn’t worry about those long queues and the rude
dealing assistants anymore. Need I say anything more?
3. Above the law
You have to understand the basic principle of law; the judge is above everyone else. This includes the law. So, keep those law books out and do not ask questions. Do not search for logic. Do not even try to cite precedents. Article 14 does not apply here nor does the law of precedents, which you crammed up in the law school. Focus upon the first two points.
Don’t have an
uncle? Bad luck. Try to find an uncle!
4. Quantity; not Quality
The number of cases disposed of (judgments delivered) is directly proportional to the chances of elevation. So, do not, I repeat, DO NOT question the decision! Refer to point number 3 in case of doubts.
No offence to the writer.... are you depressed by the fact that you do not have any of them (the uncle, the brother judge) or re you over excited that you possess one? Anyways, I know people very well established, having great prestige in bar and bench even without the support of any Uncle or Brother Judge like Sr. Adv Mr. Nariman, Sr. ADv. Mr. Jethmalani the present A.G., S.G. and many though they may be uncle to many now but they didn't had any at their time of struggle. I am not denying that the factors stated are completely irrelevant but at no point they are the necessary ingredeints to start your practice. furthermore, it is not at all correct that the number of cases disposed is proportional to elevation. Promotion/elevation are all decided by seniority of the judges. To conclude "a good craftsman never quarrel with his tools" dont whine if you dont have an uncle or brother judge.
ReplyDeleteThanks for your comment my friend! I'm glad to see that you have a strong will to succeed, with merit. However, I think you got a wrong impression about the idea behind this article. Let me clarify some points;
Delete1. This is a satirical post.
2. I am, in no way, generalizing the entire profession. I have immense respect for the names that you've mentioned. There is no doubt that merit and hard-work is the only key to success.
3. The article merely tries to highlight a small section amongst the fraternity which does indulge in these practices. Ofcourse, somethings have been exaggerated, but that's for the sake of humour!