3 Feb 2024 9:18 AM GMT
In his inaugural address, delivered at the Commonwealth Attorneys and Solicitors General Conference (CASGC) 2024, Chief Justice of India DY Chandrachud said executive accountability relies heavily on law officers' ethical behavior and responsibility. Elucidating, CJI said that law officers - such as the Attorney General for India, the Advocate General of State, the Solicitor General of India, and other Govt pleaders - function not only as government representatives but also as court officers.
"A crucial aspect of executive accountability rests on the ethical conduct and responsibility of law officers, who function not only as representatives of the government but also as officers of the court."
In this regard, he gave an example of a former Attorney General (late) Soli Sorabjee. He went on to say how Sorabjee demonstrated a commitment to justice by advising the Union when it lacked a valid legal case.
"It is imperative that law officers remain impervious to the politics of the day and conduct themselves with dignity in court, ensuring the integrity of legal proceedings." CJI added.
CJI also spoke about implementing Standard Operating Procedure (SOP) on the summoning of government officials. This was to ensure that government officials were not summoned arbitrarily.
“Importantly, it cautions against leveraging the power to summon officials as a tool to pressure the government, emphasizing that such actions should be reserved for circumstances crucial to the administration of justice. This collaborative approach involving legal officers, government officials, and the judiciary reinforces the ethical underpinnings of executive accountability while fostering a culture of mutual respect and cooperation within the justice system.”
Prime Minister Narendra Modi, Union Law Minister Arjun Ram Meghwal, Attorney General Venkataramani, and Solicitor General Tushar Mehta also attended the event. The theme of the conference was “Cross-Border Challenges in Justice Delivery.”
Moving forward with his address, CJI also spoke about a paradigm shift from textbook-orientated teaching methods towards more practical-based approaches to legal education. While traditional legal education has focused primarily on theoretical knowledge, there is a growing recognition of the importance of practical skills in preparing students for the realities of legal practice, CJI said.
He exemplified this by telling how moot court competitions and internships are now being incorporated into law school curriculums.
“These initiatives provide students with a hands-on experience and real-world insights, equipping them better to navigate the complexities of legal practice. This is reflected in the countless international moot court competitions which are conducted by various colleges in different parts of the world including India.,” CJI said.
Taking a cue from this, CJI also spoke about equitable access to legal education. CJI suggested that admission and recruitment process should not only consider academic record but also consider other factors like socioeconomic background, diversity, and life experiences.
“We must ensure that our admissions processes are fair, transparent, and inclusive. This necessitates a holistic approach towards admission and recruitment that considers not only academic performance but also factors such as socioeconomic background, diversity, and life experiences.”
In the end, CJI spoke about how technology has emerged as a powerful force for justice. However, at the same time, he also cautioned that we must navigate carefully and ensure that technology is not used to perpetuate inequality.
“Modernizing courtrooms and facilities is as crucial as bolstering overall infrastructure. Ensuring that technology serves to enhance transparency and accountability and not to perpetuate opacity and inequality.”
CJI stressed that technological solutions are designed with equity and inclusivity kept in mind and concluded by saying: “Together, we can forge a future where justice knows no bounds and where the rule of law reigns supreme.”