WHY SIX & NOT NINE MONTHS AT JTRI

Hostel for participants at NJA

The recommendation of the National Judicial Academy, Bhopal (NJA) for civil judges was, that there should be nine months training at the judicial institutes and three months in the field to gain practical experience. However, our committee recommended six months at the Judicial Training & Research Institute, Lucknow (JTRI) and six months in the field. Here are the reasons for the same.

Advice to Young Judges

Judges Have Difficult Job।। Why Six and Not Nine Months at JTRI।। Act Without - Pressure, Fear, Expectation।। Decide Without Favour।। Adopt More Active Role।। Raja Bhoj and the Grazier।। Be Open & Correct Mistakes।। 

India, Where Are You Heading To

Summary: This post is review of the book ‘I Was Judge's Orderly' written by  Ninder Ghugianvi and translated by Paramjit Singh Ramana (Publisher: National Book Trust).

The book has been translated into Hindi,Urdu, Bangla, Kannada, Telgu, Malyalam, Sindhi, Maithili and Bhojpuri.

LORDSHIP or LADYSHIP: Case for Gender Neutrality

Summary: This post is about adopting a gender neutral form of address in higher courts - explained by an anecdote from autobiography of John Paul Stevens J.

  

LITTLE THAT I REMEMBER

Allahabad High Court organised first national conference of computer committees at Judicial Training & Research Institute, Lucknow on 20^th and 21^st January, 2018. On this occasion, a souvenir was also published.  At the request of Justice Dileep Gupta, the then Chairman Computer Committee, I penned down the following article for the souvenir. 

It narrates the work done at the Allahabad High Court, during my time in the computer committee. 

Hon’ble Supreme Court???

Summary: The post explains why Hon’ble Supreme Court or Hon’ble High Court is the wrong way of referring/ addressing any court. 

Picture - Courtesy website of the Court

This post is part of the series 'LegalTrek'. They are under the following sub-heading: Book review/ Biography, Drama/ Judgements, History, Managing Court & Judiciary, Office Management, Personal, Reminiscence/ Advice, Suggestions/ Opinion. If necessary, the division will further diversified. This one is under the sub-heading Managing Court & Judiciary. 

One can access these posts in this series by clicking  on the label 'LegalTrek' on the right hand side and this sub-heading posts by clicking Court Management' .

LegalTrek - Managing Court & Judiciary

।। Administrative Tribunals ... Some Reforms।। Sharpening The Axe।। Suggestions For Improving Collegium System।। National Court of Appeal – Not A Good Idea: Some Suggestions।। Naked In The Khan Market।। Rekindling Judiciary।। Hon’ble Supreme Court???।। 

Naked In The Khan Market

Judiciary must change its mindset. With lifting veil on collegium recommendation it has started but a lot is yet to be done. It should continue.
It was Chhattisgarh High Court that led the way in the change of mindset but later stepped back. Here are some steps that were done and should be adopted by judiciary.

Many of the steps taken at the Chhattisgarh High Court, mentioned in the piece below, are recorded here. 

National Court of Appeal – Not A Good Idea: Some Suggestions

This is the sixth post of the series 'LegalTrek'. The last post was about 'Benches and the Law Commission' and this post is about whether we should have National Court of Appeal (NCA) or not what steps may be undertaken to reduce the pendency in courts.

Photogrph courtesey offcial website of the Supreme Court 

LegalTrek

।। ।। Court of Appeal – Not A Good Idea।।

SUGGESTIONS FOR IMPROVING COLLEGIUM SYSTEM

Here are some suggestions that the Supreme Court should consider for improving ''Collegium System'.

Picture courtesy - Offcial website of the Supreme Court

SAYONARA - CHATTISGARH HIGH COURT

Farewell speech of Chief Justice Yatindra Singh in the farewell reference on 8th October 2014 at Chhattisgarh High Court.
A pdf format of the same may be downloaded from here.

WHERE PENGUINS FLY

Open Source, Open Format – Allahabad High Court Experience

(Summary: This post explains importance open source and open format. It also explains why Allahabd High court uses them. 
 This talk was delivered by Justice Yatindra Singh, judge Allahabad High Court at IIIT, Hyderabad on 20 March 2011. 
The pdf format of talk can be downloaded from here)

नमस्ते, and a very good morning to all of you.


It is a privilege and honour to be here in this premier institute of information technology.


Is there a place, 'where penguins fly'? Or am I making it up.


To tell you the truth, the title is not original: I am not the first one to use it. It was earlier used about three years ago. At that time, the morning edition of British newspapers reported that while filming on King George Island, some 750 miles south of the Falkland Islands, the BBC Camera crew discovered a colony of Adélie penguins that could fly. The programme presenter had said:

'We'd been watching the penguins and filming them for days, without a hint of what was to come. But then the weather took a turn for the worse. It was quite amazing. Rather than getting together in a huddle to protect themselves from the cold, they did something quite unexpected, that no other penguins can do.'

The newspapers from the BBC sources had also reported,

'The film reveals nature's stunning glory exciting and unexpected ways, so much so that it defies belief. Not only did it create a vivid and emotional experience for the viewer, it also illustrated just how bold and simple Darwin's idea of natural selection was. The BBC viewers would be able to see that the penguins not only taking flight from the Antarctic wastes, but flying to the thousands of miles to the Amazonian rainforest to find winter sun.'

There was a BBC footage that showed penguins flying. This was to be, a part of its new natural history series, 'Miracles of Evolution'.

Here's the footage from the BBC

Nevertheless the penguins are a group of aquatic, flightless birds living almost exclusively in the southern hemisphere, especially in Antarctica; their wings are useless for flight: they have become flippers. They are well adapted to aquatic life. Their white belly and dark backs camouflages them. A predator in the sea looking them up from below has difficulty distinguishing between a white penguin belly and the reflective water surface. The dark back camouflages them from above.


The date this title appeared in the morning edition of British newspapers was 1st April 2008. Alas, it was a fools' day prank and not true :-( But I am not repeating that prank today.

SHARPENING THE AXE

Allahabad High Court - picture from the centenary volume

(Paper with some suggestions circulated by Justice Yatindra Singh, Judge Allahabd High Court for reducing pendency at the High court level in the 'National Consultation for Strengthening the Judiciary Towards Reducing Pendency', organised by Department of Justice, Government of India and the Indian Law Institute on 24, 25th October 2009, at New Delhi.
Click here to download the article in the pdf format.)

 Abraham Lincoln once said,

'If you have eight hours to chop down a tree then spend six hours sharpening the axe.'

It is good that we are sharpening our axe today. Arrears cannot be reduced unless we set a goal, have a plan, and work according to that plan. Here are some suggestions.

THE ANXIETY – TO DO RIGHT – REMAINS

Picture - courtesy Wikipedia

(Summary: This paper discusses how a judge may communicate and a judgement may be written.
A pdf format of the article can be downloaded by clicking here.
It was read by Justice Yatindra Singh, Judge, Allahabad High Court at National Judicial Academy, Bhopal in the National Judicial Seminar of the judges of the higher judicial service on Judicial Method on 21.7.2007.)

Themis is goddess of justice; she is generally—though not always―shown blindfolded; she has a pair of scales in one hand and a double edged sword in the other. The blindfold indicates that justice is impartial and is administered without fear or favour. The pair of scales explains that justice is done after weighing the strength of the competing claims. The sword symbolises the power to enforce it.
Our task is to find out the side, where justice lies. In this process, we '

must not spin a coin or consult an astrologer' {Lord Diplock in R.V. Deputy Industrial Injuries Commissioner ex parte Moore (1965) 1QB 450, 488}.

We must do it openly, under public scrutiny and provide reasons. Ours is a difficult job: we take decisions - others procrastinate.
How should our performance be judged? What qualities should we have?

A NEW CHAPTER IN JUDICIARY AND INFORMATION TECHNOLOGY

(Text of speech delivered by justice Yatindra Singh on 9.7.2007 on the occasion of inauguration of the Allahabad High Court Website and launching of E-court project)

INFORMATION TECHNOLOGY: THE ROAD TO SPEEDIER JUSTICE

(Text of talk delivered by Justice Yatindra Singh, Judge Allahabad High Court, Allahabad on 20.11.2005 in judicial workshop on 'Cyber Laws, Cyber Forensics and E-Governance in Judiciary' at National Judicial Academy Bhopal. It has been partly modified since then)

Fair, inexpensive and quick dispensation of justice is the ultimate aim of every legal system. However, usually it fails to do so. In the novel 'Bleak House' by Charles Dickens, it is said,

'This is court of chancery – which so exhausts finances, patience, hope'.

In recent times, it has been repeated by Lord Denning in his own way {Allen Vs. Alfred McAlpine 1968 (1) All ER 543},

'Law's delays have been intolerable ... They have lasted so long as to turn justice sour'

So true of our legal system. Is information technology the panacea for soured justice? What role can computers have in the justice delivery system?

ADMINISTRATIVE TRIBUNALS ... SOME REFORMS

SAMVAAD... a lawyers’ group 7, Elgin Road Allahabad-211001 organises seminars, workshops, lectures and brings out a newsletter by the same name. It had organised a workshop on the functioning of tribunals. This article was written for the Newsletter brought out on that occasion. It surveys and deals with the history of the tribunals. It recommends bifurcating the High Court into the Senior-Junior Division and providing for an appeal against all decisions of Tribunals to the High Court.1 Since writing od this article, the Supreme Court in L. Chandra Kumar Vs Union of India AIR 1997 SC 1125 has partly accepted the position and has restored the judicial review of the High Courts.

It was in the last century that Dicey claimed,

'it is difficult to believe the administrative courts can by their very nature give that amount of protection to individual freedom which is secured to every (one) ... residing in England.’

But despite this administrative tribunals have come to stay in England. There are more than 2000 Administrative Tribunals in England. From Lord Reid’s opinion in Ridge Vs. Baldwin (1963 (2) AllER 66)

‘we do not have a developed system of Administrative law... perhaps because until fairly recently we did not need it’

to Lord Denning (Breen vs. A.E.U 1971 (1) AllER 1148)

‘It may truly now be said that we have a developed system of Administrative law’

and finally to Lord Diplock (IRC Vs National Federation of Self Employed 1981(2) AllER 93 ),

‘Progress towards a comprehensive system of administrative law- that I regard as having been the greatest achievement of English Courts in my judicial lifetime’

is a long distance covered by the English Courts.

FRENCH SYSTEM

This was not so in the rest of Europe. France makes a distinction in the administration of ‘Droit Civil’ (civil law) and Droit admin­istrative (administrative law). They have a dual system of courts. French administrative law, unlike England or for that matter common law countries including India, deals with claims against government only. It is dealt by a two-tier system of special courts with Conseil d’Etal’as the Supreme administrative court. It is not subject to ordinary courts as we understand it, and is staffed by the cream of French Civil Servants. Ordinary courts deal civil law in France. Most European countries Belgium, Germany, Holland, Italy, Luxembourg, Spain, Portugal, Greece follow the French practice of double jurisdiction. It is England with its common law tradition, which does not follow this practice. We, having inherited those traditions, will benefit from the progress made therein.

DEVELOPMENT IN ENGLAND

The First World War brought about complex social and economic problems. These led to the growth of delegated legislation confer­ring vague and wide discretion on the executive to be supple­mented by department rules & instructions. Considering the dangers in the situation and in order to bring about uniformity, the British Parliament appointed a committee in 1931-32 known as the Donoughmore Committee. The recommendation made by the committee itself led to the enactment of Statutory Instruments Act 1946 and Crown Proceedings Act 1947 but its recommendations for better control and supervision of administrative decision were not implemented. It is only after the Second World War and public concern over the Crichel Down case in 1954 dealing with return of the land compulsorily acquired during war that another committee known as Franke Committee was constituted. It recommended constituting a council on tribunals for general supervision of the tribunal organisation and procedure. This recommendation led to the enactment of the Tribunals and Inquiries Act 1958. It was substituted by another Act of the same name in 1966 & 1971. Among the other recommendations the two important ones were:

• There should be right of appeal on fact, law and merits
• There should also be appeal on point of law to the courts and judicial control by the remedies of certiorari; prohibition and mandamus should never be barred by statute.

The British Parliament did not accept that there should be appeal on fact in every case but it has provided an appeal on point of law to a court so that law may be correctly and uniformly applied. All such appeals lie to the Court of Appeals. Apart from this British Court have always held that error of laws can be quashed, on a certiorari. The French system of `Droit Administrative' was not accepted.

THE INDIAN POSITION

The framers of our Constitution did not accept the French system and permitted judicial review to the High Court and the Supreme Court. The Law Commission of India has compared various systems of administrative law. The Commission in it’s 14th report (volume 2), points out that the French system of administrative law need not be imported to India and judicial review obtaining under India's Constitutional system provides adequate avenues of redress to an individual affected by State action. But then this was practically undone by the 42nd Constitutional amendments by inserting Article 323-A and 323-B during the emergency.

Article 323-A gives power to the Parliament to provide for law in respect of what is to be known as service matters. Article 323-B permits the appropriate legislature, which includes a State Legislature, to provide for adjudication of certain matters relating to tax, labour, election etc. to the exclusion of all courts except the Supreme Court under Article 136 of the Constitution. In pursuance of these the Parliament has enacted the Central Administrative Tribunal Act excluding the jurisdiction under Article 226 of the Constitution. A few other Acts have not directly excluded the jurisdiction of Article 226 of the Constitution. They have provided an appeal to the higher forum and then to the Supreme Court. Thus they have indirectly, and for all practical purposes denied the High Court to exercise its jurisdiction under Article 226 of the Constitution. For example: The Consumer Protection Act, the Advocates Act etc. Even if this is constitutional it will cause irreparable loss and damages to our judicial system.

LOSS

The world over, tribunals are not staffed exclusively by judicial members. Laymen, persons specialised in the branch are also appointed. May be they are necessary. This helps in deciding the question of facts. This does not mean that the public should be deprived of the services of High Court Judge on a question of law. Apart from this it is common knowledge that tribunals are often ill staffed and do not have the required facil­ities. The State Consumer Forum of Uttar Pradesh was closed down sine-die by its Chairman on the ground that it had no facilities. The non-judicial members unlike their French counterparts often accept it as a last resort. In case of the Central Administrative Tribunal, except for the Vice-Chairman, the rest of the judicial members come from the subordinate judiciary without doing a single service case in their judicial career. The entire juris­diction in these matters has been taken away from the subordinate court. The Supreme Court, being the highest court, is busy in deciding constitutional matters and may not have sufficient time for these matters under Article 136 of the Constitution. The litigants are deprived of the services of the High Court Judges who at least today are most experienced and the best qualified in that branch. The Supreme Court Judges are appointed from the High Courts. May be in future they will become out of touch in this jurisdiction.

REFORMS

Speedy and informal justice are among the main reasons for con­stituting the tribunals. Delay in disposal of cases is the main reason for curtailing the jurisdiction of the High Court. Unfor­tunately tribunals suffer from the same malady. The procedure under Central Administrative Tribunal Act is more cumbersome than the writ jurisdiction. They have the same problem of delays and justice is often not up to the mark. The correct approach for solving these problems is in improving the administration and providing modification in the functioning of the High Court.

GOOD ADMINISTRATION

Most of the litigation begins due to mal-administration. It is a problem-faced world over. Different countries have to a great extent solved these problems by training their executive and defining administrative procedures by means of statute.

The US congress has enacted the Administrative Procedure Act, 1946. Most of the states in US have enacted law in the light of the Revised Model State Administrative Procedure Act formulated by the National Conference of Commissioners on uniform State laws. The Australian Parliament has enacted a number of Statutes the most important being the Administrative Decisions (Judicial Review) Act. The French and the Israel Parliament have enacted similar laws. Such acts can also be enacted in India and the executive can be properly trained.

JUDICIAL REFORMS: BIFURCATION OF THE HIGH COURT

Delays in disposal of laws have to be reduced at the High Court level. To accomplish this, the High Court may be bifurcated into two divisions. Senior Judges may be designated as appellate judges. The senior judges may be paid salaries between that of the puisne judge and the chief justice. They may hear only appeals from tribunals situated in the State or against the order of a single judge where appeal lies.

The appeals may be provided on the question of law only. This will automatically curtail the wide jurisdiction of the High Court under Article 226 which sometimes runs amuck despite limits laid down by the judicial pronouncements. Clearly defined statutory provisions are better than the judicial pronouncements. It will be better if these limits are incorporated in Article 226 itself. This may be difficult and time consuming. It will be easier to provide statutory appeal to the High Court on a question of law. In order that these appeals may be expeditiously heard a pattern similar to the US Supreme Courts may be adopted.

Every such appeal may have three sections

• facts including impugned orders and documents,
• grounds and
• reasons & rulings supporting the grounds.

The third section is in fact the written arguments submitted by the counsels. These appeals may be considered for admission in chambers dispensing with an oral hearing. For final hearing a time limit may be fixed. Facts may not be disputed as the Single Judge or the Tribunal may be required to give a reasoned order with a conclusion on facts separately stated in seriatim.

It is true that the idea of filing written arguments was rejected by first Law Commission in its 14th report 1st volume,2 but times as well as circumstances have changed. This will not only force the lawyers to be specific but will also encourage them to take up relevant points. This has one more advantage. It will also force the Judges to deal with the points taken in the written arguments. It is not often that the Judges do not refer to the uncomfortable rulings or submissions. This procedure will not only restore the role of the High Court as the constitution framers envisaged but will also be in accord­ance with the basic feature of the Constitution namely Judicial review.

1For details, kindly see

• French Administrative Law; Brown and Garner; published by Butterworths.
• Administrative Law; HWR Wade; published by Oxford University press.
• Administrative Law; Dr. DD Basu; published by Kamal Law House.
• Administrative Justice ... Some necessary reforms; published by University press.
• Law Commission of India 14th Report Volumes I and II.

2Dr. LM Singhvi narrates an incident. He had suggested filing of written submission when the first Law Commission was processing its report. He was a young lawyer, who had just returned from the US completing his studies and was impressed with their system. Seetalved, the then Chairman of the Commission and Attorney General, in the presence of other members including judges, said, 'What is the guarantee that it will be read.' May be this bias was the reason for the recommendation.

TO ROBE OR NOT TO ROBE

It is about lawyers’ uniform. Should we, the lawyers, continue with bands, gowns and black coats even during summer and the rainy seasons?

What would you say, if you see a person in a suit and a tie in the scorching heat of May (450 C) or in the humid climate of July? Is there any such person? Think again. There are many. Their reputation is neither envied in the world nor their fate thereafter. Yes, it is we the lawyers. Instead of a suit it is a combination. And in the place of tie it is band and on top of the entire ensemble there is a gown.

When the British came to India, they, along with their legal system, also introduced the lawyer’s attire. And when they left, they, alongwith their finest legacy- the legal system, bequeathed the black coats, bands and gowns. Dress among the legal fraternity was often governed by traditions. The High Courts have also made rules in this regard. Normally in case of the male members, apart from other things, they are require to wear: a black buttoned up coat, or open collar coat, or Achkan, or Sherwani with bands and a gown. Under the rules female members were exempted from wearing coats at least.

WIGS, BANDS Etc.

Historically speaking, wigs were first used as a personal adornment and not for any other purpose. Barristers started wearing them in the beginning of the eighteenth century. According to Dennin,

'it conceals the personality and the boldHead. .... It is a mark of authority and a source of respect.' (What next in law; Lord Denning)

Good reasons but not all need them. Wigs are absolute in India. No one wears them, except may be Judges on ceremonial occasions. Thank goodness. What a relief! They are still worn in England by Judges and Barristers. Bands, weepers, bibs, neck cuff or collar cuffs came to be worn by barristers around the same time as wigs.

'Counsel ... seem to take great pride in the wearing of collar cuffs whose purpose, I have been told, is to wipe tears after an emotional pleasure. Perhaps due to this, collar cuffs [came to be] ... later known as weepers.' (Wigs and Weepers; George Joseph).

HEAD DRESS

What about head dress? Traditionally English headdress (Hat, Cap etc.) is not worn inside a building. They have never been worn inside the court. But what about the Indian head dress! According to Hindu tradition, covering one’s head is to show respect. The Indian head dress can always be worn inside the courts. The members of legal fraternity have always been wearing Turbans or Safas- a sight quite common during the British Raj, though so common now.

LEGISLATION

It is not that efforts were not made to legislate on the legal profession earlier. The comprehensive Act, the Advocates Act, was enacted in 1961. Section 34 of the Act gives power to the High Court to lay down conditions subject to which an Advocate shall be permitted to practise. Different High Courts already had rules or have since made rules prescribing a dress code for Advocates. Section 49(1)(b) permits the Bar Council of India to make rules for the conduct and etiquette to be observed by advocates. The Bar Council of India has framed a rule to the effect that an Advocate shall appear in court at all times only in the prescribed dress and his appearance shall always be presentable. It does not, however, prescribe any dress.

The Advocates Act has been amended (Act No.60 of 1974); Section 49(1)(g)(a) has been added. It permits the Bar Council to frame rules about dress to be worn by Advocates having regard to the climatic conditions. Different rules made by the High courts and the traditions followed by them may be irrelevant now. The Bar Council has made a rule, which also permits dhoti to be worn. It provides for black coat. Achkan or Sherwani with bands for all and gown being optional for Advocates appearing before lower courts.

REASONS FOR A UNIFORM

Let's come back to the original question. Why should one continue to wear coat, bands and gowns in a climate totally unsuited for such attire? Is it because it suited the British climate that we have been wearing them? The British themselves are having doubts about it. Some have been giving reasons for their continuance, ‘

the uniform is also a permanent reminder of professional discipline, not a guarantee of good behaviour but a great aid to it. .... The robes of Judges- speak of continuity of development, of responsibility. They remind him that he is not an isolated individual acting for himself alone, here today and gone tomorrow’. (Topelsk’s Legal Land.)

In the Indian context some answers were provided by Justice MN Shukla in Prayag Das Vs Civil Judge (AIR 1974 All 133). Prayag Das, an Advocate, was debarred by Civil Judge for appearing in a Dhoti. He filed writ petition to justify his stand. Allahabad High Court rules, for subordinate courts, by necessary implication, excluded wearing of Dhoti. The court, in para 18 of the report, speaking of the prescribed dress says,

‘In the first place they distinguish an Advocate from a litigant. In the second place it induces a seriousness of purpose and sense of decorum, conducive to the dispensation of justice. If the rule is relaxed Advocates may start to dress more scantily and even indiscreetly’.

This may be sufficient reason to uphold a rule. But, is it sufficient for not relieving us of this burden, on the administrative side? Should we continue to have insults of black coats, bands and gown? At least Advocates appearing in their personal capacities have always disrobed (References of a few such cases are Smt Vidya Varma Vs Dr Shiv Narain Varma AIR 1956 SC 108, T Venkanna Vs The Hon’ble High Court of Mysore AIR 1973 Mysore 127: R Vs Evans 1961 (1) AllER 319).

Justice Megarry in St. Edmundsbury in Diocesan Board Vs Clark ([1973] Ch. 323) remarked,

‘Robes are convenient in normal circumstances as indication of the functions of those engaged in proceedings as enhancing the formality and dignity of grave occasion; they also level visual differences of age, sex and clothing and so aid concentration on the real issue without distraction: but robes are not essential and the court may dispense with them where there are good reasons. Jurisdiction is neither conferred nor excluded by mere matter of attire’.

He thought robes to be

‘unduly burdensome to all concerned, if they were required to be robed in the usual way merely for the purpose of hearing the evidence of one witness and there could be difficulties as to the provisions of the suitable robing room. Accordingly, I shall not robe; counsels shall similarly not be robed’.

Well if this is sufficient reason to dispense with coat, gown and band, then why should Advocates continue to wear them during summers at places where the temperature is more than 45 degree Celsius. There is no earthly reason to do it except that it was done in England. This dress may be fine in Jammu & Kashmir or Himanchal Pradesh or some parts of Uttar Pradesh but not at all suitable for most of the country during summers.

CONCLUSION

Well, should we or shouldn’t we robe? There is no doubt that,

‘from a purely practical point of view, they (robes) are great levellers, so far as the Bar is concerned. In robes the most poverty-stricken junior will not be put out of countenance by a Savile Row suit on a fashionable opponent’. (Topelsk’s ‘Legal Land)

But is it necessary to prescribe black coat, bands and gown during summers? Some other dress in accordance with the summer climate may be provided. The rule framed by Bar Council of India may not be held ultra vires of Section 49(1)(g)(a) but it is undoubtedly not in line with it.

What kind of robes should be provided for? Wouldn’t it be lovely to have a fashion show to select one. Alas, we the lawyers are too conservative. Let me make a few suggestions- without fashion parade. A short sleeve, sober colour Safari suit is an excellent idea. May be a short sleeve shirt tucked into trousers, Army style, of course with different colours, is an equally good one. We may also retain the gown to be worn on top. An Advocate may also wear a nametag. The time has come when we must bid good bye to the black coat, bands and gown, the last signs of British legacy. If we have to inherit, something we had rather inherit their independence of the Bar and Judiciary rather than bands, gowns and black coats.

OFF WITH HIS HEAD

This article was written at that time when UP Cabinet had taken a decision to set up a bench of Allahabad High Court for the western region in 1981. The Allahabad lawyers had gone on strike, the longest in its history. This was to place the correct perspective before the people and mobilise public support.

The U.P. Cabinets decision to set up a bench of the Allahabad High Court in the western region reminds one of the Queen of heart’s decision. ‘Off with his head’ in ‘Alice in Wonderland’.

The Chief Minister expressed his ignorance about the recommendation of the Law Commission and the correspondence on the subject. The Law Commission in its fourth report rejected the view that splitting of the high court was necessary in order to take justice to the door of the litigant.

MC Seetalvad, the then Chairman of Law Commission, says (My life, Law and other things page 247),

‘lawyers who appeared on behalf of the Lucknow Bar Association conceded in private that the Lucknow bench should be abolished. Similar views were expressed by advocates practising before different benches of the M.P High Court and the Rajasthan High Court.'

Chief Justice B Dayal of the MP High Court wrote a letter to the then Law Minister seeking abolition of benches in Madhya Pradesh. Sri HR Gokhale agreed but could not do it because of political reasons. In a conference of Chief Justices in 1979 it was said that if the High Court benches were created, in no time benches of the Supreme Court would be created not only in the south but also in east and west.

There can’t be benches of a High Court. Lucknow Bench was created due to historical necessity. The creation of benches does not improve the administration of justice. It undermines it. The difference in expense due to distance is so insignificant that merely for its sake proper administration of justice cannot be sacrificed. If there are arrears at Allahabad it is not because of the High Court is situated at Allahabad but because there are not enough judges and other staff. Experience shows, splitting of the Courts: increases arrears, reduces the uniformity a,amongst the judges, and diminishes the independence not only of the bar but also of the bench. There is no justification for creation of any bench nor should one be created. A State may be divided if need be.