Wednesday, August 10, 2011


Ombudsman for Legal Sector

Posted: 09 Aug 2011 06:32 AM PDT
Comment :
The following words, rich in soulful wisdom, of late N A Palkhivala, an eminent legal luminary of our times, may be worth recalling:
“In a vast democracy like India, many citizens are bound to be un-dimensional. But no Lawyer has any excuse for being un-dimensional. By his training and equipment and by his professional competence he is better qualified than the rest of the citizenry to take an active part in the making of laws and the formulation of public policies. He would be failing his country if he did not do this duty.
The lawyer has to act as a catalyst. The responsibilities, which today, lie on the shoulders of the lawyers, are far greater than at any earlier time in world history.”

The above quote from a published speech on the topic – ‘Sentinel of democracy’, delivered nearly four decades ago, is indisputably of greater relevance today than ever before; essentially so, regarding the importantly increasing role lawyers have to play in the making of case law by courts.
The same wishful thinking came to be aired by no less a person than a Finance Minister(if one remembers right, it was the former one), not long ago. As per a personal noting, the information gathered from a Press Report was that, in his address at the Silver Jubilee function of the Customs, Excise and Service Tax Tribunal, the FM said:
“We are concerned about the quality of government representation and looking into it. With globalisation, complexities of transaction will increase and it is important to have good quality government representation. Many judges have told me that the quality of their judgments was as good as the lawyers appearing before them,”
The reported proposal to appoint an ombudsman mooted by the men presently in governance may be, in a manner of speaking, considered as a right action aimed to ‘kick the ball’ that had been in the Government’s court.

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