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--------------- Print Magazine --------------
  May 2016
  April 2016
Letter To The Editor

"I enjoyed reading Mr. Fali Nariman's Article in September issue of Lawyers Update "Justice always needs courage" while humbly, without sound impertinent, I fully agreed with the suggestions to do something different to improve our judicial system. I thoroughly enjoyed his observations to the effect that the "job of a Judge has become more difficult and that the attack has shifted-from the ball to the player! Hence the need for ethics - and some guidelines from the top (which 'the top' too must scrupulously observe!)."

In addition to the need of the Supreme Court to stop 'tribunalizing' the justice system, we also must stop enacting any legislation which makes it mandatory for Tribunals to be headed by "sitting or retired Judges of the Supreme Court or the High Courts". This has been the practice of our legislatures, both Central and State, since the mid 80s and one rarely comes across a sitting Judge agreeing to head a Tribunal or become its Member. Thus, the condition merely guarantees employment to retired Judges. This must be discontinued especially in a country like ours, which we proudly claim to be the youngest nation in the world with over 50% of the population under the age of 25. We should groom a different carder of persons; train them especially in their respective fields; and let them head or run special tribunals under special statutes. In my opinion they will be better prepared, more in tune with the modern day world and its practices, in tune with latest technology and will perform much better than the retired Judges who are stooped in procedural laws and have virtually no understanding of information technology or, for that matter, any modern technology."

M. L. Sarin
Senior Advocate, Chandigarh



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