Indian legal system facing unique challenges, says CJI Gavai

Hyderabad: The Indian legal system has been facing unique challenges and delays in trials can sometimes go on for decades, Chief Justice of India BR Gavai said on Saturday.

Delivering the convocation address at the Nalsar University of Law near here, Justice Gavai advised students to go abroad for studies on scholarships and not put pressure on family finances.

“Our country and legal system are facing unique challenges. Delays in trials can sometimes go for decades. We have seen cases where someone has been found innocent after spending years in jail as an undertrial. Our best talent can help us resolve the problems that we are facing,” he said.

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The Chief Justice quoted Jed S Rakoff, a senior federal district judge in the United States in this connection. The American judge in his book, “Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of Our Broken Legal System,” had made the following remark. “Even though I conclude that our legal system is in bad need of fixing, I remain cautiously optimistic that my fellow (citizens) will rise to the challenge.” This comment of the American judge was quoted by CJI Gavai.

Later, delivering a lecture on ‘The Role of Babasaheb Dr B R Ambedkar in the framing of the Indian Constitution’ at the Osmania University here, Justice Gavai said the contribution of the Constitution in keeping the country united and strong during the last 75 years is invaluable.

The Chief Justice said Dr Ambedkar was criticised that the “Constitution is too much federal” and also that it is “too much centric.” The architect of the Constitution refuted such allegations and said that the “Constitution is not too much Centric or not too much federal, but we are giving a Constitution to the country (which) will keep the country united in times of war and peace.”

Further, Justice Gavai said: “We see that in the journey of last 75 years, though there are many external aggressions, many internal disturbances, but India has always remained strong and united.” Also, he said: “Let us all commit ourselves to taking forward the goal of framers of the Constitution in achieving economic and social justice along with political justice and ensure that the justice reaches to the last, most needy citizen of the country,” he added.

Justice Gavai said he was greatly privileged to visit the Osmania University which had honoured Ambedkar with D.Litt in 1953.

In his address at the Nalsar University of Law, the Chief Justice also advised the passing out graduates to seek mentors for the sake of integrity and not for their power. On the “pressure to pursue a master’s degree abroad”, Justice Gavai said: “A foreign degree alone is not a stamp of your worth. Don’t take this decision in the reflex of thought or under your peer pressure. What happens next? Years of debt, anxiety, career decisions made under financial burden.”

He cited examples of some young graduates or lawyers taking loans of as much as Rs 50-70 lakh for foreign education. In fact, a small portion of a big amount like Rs 50-Rs 70 lakh can be used as an investment to start independent practice or build an office chamber. The young lawyers can go abroad for studies at a later stage in life when they are stable, he said.

The growing trend of going abroad also reflects a structural issue, signalling a lack of confidence in the state of postgraduate legal education and research in our country, Justice Gavai said.

Many who study abroad come back with renewed passion and fresh perspectives, but when they return, they often find institutions unwelcoming, under-resourced or close to new ideas. There are few structured pathways for postdoctoral research, limited funding for early career scholars and opaque hiring processes that discourage even the most committed.

“This must change if we want to keep our best minds or bring them back. We must build nurturing academic environments, offer transparent and merit-based opportunities, and most importantly, restore dignity and purpose to legal research and training in India,” he said.

On issues of mental pressure faced by legal professionals, he said the working hours are long, expectations are high and the culture sometimes is “ruthless”.

“You will feel pressure, not just to succeed but also to appear to be successful. Many hide their struggles. I urge not to,” he said.

It is not just enough to celebrate India’s legal legacy; its future should be taken care of. The future depends on how researchers, young faculty and lawyers and scholars are treated.

Chief Minister A Revanth Reddy and Supreme Court Judge, Justice PS Narasimha also participated, while acting Chief Justice of Telangana High Court, Justice Sujoy Paul presided.

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