The Indian Legal Profession in Evolution
by Kamal Wadhwa - India
(for any comments, please contact
Brian Risman, Publisher of
The Law Journal UK)
The legal profession in India is in the throes
of change today; the onset of liberalization and globalisation of the Indian
economy and culture has left it no other choice. It has to sink or survive
what with the anticipation of foreign lawyers soon being allowed to practice
in the hallowed precincts of Indian courts.
By all counts, the Bar and the Bench that were
established with such socialistic ardour and ideals, are beginning to become
unwieldy with cumbersome court procedures, belated and repeated adjournments
and the threat of loss of clientele as a result. Perhaps it is too soon to
sound the death knell of the grand edifice of Indian law, especially with its
lasting linkages with the British Raj and English law that have continued to
fascinate young Indians even to this day.
Yet ideals must yield to expediency when the
economic basis to hold aloft those ideals cannot be maintained in any tenable
form. Legal education today is very expensive and drawn out and, as a result,
creates great expectations among the hordes of LLBs who graduate and join the
legal system every year, but with no ready or willing chambers to take them
in. Nor do any other worthwhile prospects exist for them except perhaps to
take up jobs as paid executives or salaried counsel. As a baneful consequence
of this limited space for legal professionals, the vast majority of
newly-graduated lawyers must find alternative avenues of employment outside
their professional expertise.
This development is a singular tragedy for the
Indian republic and its legal and educational systems because no proper
planning was undertaken to meet such disastrous contingencies. Therefore, it
is not surprising that a whole generation of disreputable "street lawyers" has
developed as a consequence who poke their noses into every human activity
outside the courts in the name of safeguarding the public interest.
Needy lawyers are unwelcome in the legal
profession; so are excessively privileged ones. What the legal system lacks is
a core of competent professionals with modest monetary ambitions who can do
the daily, methodical and mundane work of the courts without having to resort
to deceit and skulduggery to earn their fees.
Democracy cannot survive without law and
lawyers. Hence it is a continuing and tragic malaise of Indian democracy that
those who need legal services the most do not have ready access to them. Not
because clients do not have the means to pay but simply because they cannot
find honest and dedicated lawyers to take up their briefs.
In the newer dispensation of post-reform India,
there are no freebies available; neither is there free time! All are pushed
into making a living without any pretensions to nobility or grandeur. There is
real sanity here; not the vanity of a bygone era when legal heavyweights
slugged it out in the courts with fancy language and fancier arguments - all
the while forgetting the poor client whose cause was lost in the din and drama
enacted before the court gallery.
In the new regime of law imposed by economic
exigency, the legal system needs to train a body of "paralegals", who with
merely a two-year diploma in Law, can solve many of the immediate and pressing
problems facing ordinary clients -- without having to take recourse to the
older procedures and formalities of the law that cost clients so much time and
money without yielding anything substantive in return.
Note about author:
Kamal Wadhwa is a graduate of the University of
Chicago and former Assistant Editor of Lex et Juris - The Law Magazine. He had
originally planned on a career with the World Bank but chose an alternate
career in journalism and freelance writing. He has spent fifteen years in Iran
and one in Ethiopia. His articles, poems and book reviews have been published
in leading Indian periodicals and in some abroad.
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