Conversations : State of the Indian Courts with Murali Neelakantan
Sep 24, 2023
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In this podcast, Murali Neelakantan, a graduate of NLSIU and a pioneer in the legal field, discusses the history and perception of court summer vacations in India, challenges of government litigation, digitization efforts, funding and ethics in Indian law, and the need for more academic involvement in shaping the law.
Efforts are being made to classify and understand court workflows for better data collection in Indian courts, but complete digitization is still in the early stages.
The perception of slow justice in India is influenced by factors like a lack of trust in the judiciary, government litigation practices, and a lack of discipline within the judiciary, which can be addressed by imposing costs for frivolous litigation and promoting timely judgments.
Deep dives
Challenges with Recording Data and Computerization of Courts
The recording of data in Indian courts faces challenges due to the lack of a uniform system across states and courts. This lack of uniformity makes it difficult to aggregate and track data effectively. However, recent initiatives by research bodies have been working on classifying and understanding court workflows for better data collection. Computerization efforts have also started, with some high courts providing online access to court schedules and case histories. However, complete digitization and elimination of paper processes are still in the early stages, with the Supreme Court leading the way in encouraging electronic filing and paperless proceedings.
Slow Judicial System and the Culture of Appeals
India's judicial system faces challenges of slow redressal and a high rate of appeals. While the historical basis for the courts' summer vacation can be traced to British judges seeking relief from the unbearable Indian summers, it is not unique to India. The issue lies in the perception that courts are on vacation during this time, when in reality, many judges continue working on administrative duties, drafting judgments, and participating in professional education programs. The perception of slow justice is multifaceted, with factors like a lack of trust in the judiciary, government litigation practices, and a lack of discipline within the judiciary contributing to the problem. The solution lies in imposing costs for frivolous litigation, promoting timely judgments, and reducing the burden on higher courts by empowering lower courts to handle cases more efficiently.
Ethics and Perjury in the Legal Profession
Ethics in the Indian legal profession are influenced by the larger societal norms and practices. Lying and lack of truthfulness are common in Indian society, reflected in personal and professional interactions. Lawyers and clients often engage in dishonesty, accepting it as a standard practice. Perjury, the offense of lying under oath, is not treated with seriousness but rather as a rule. The lack of punishment for perjury and the absence of consequences for dishonesty contribute to a culture of dishonesty in the legal profession. Adopting a stringent approach, imposing penalties for perjury, and fostering a culture of honesty and integrity can help improve the ethics within the legal profession.
Role of Law Academics and Legal Scholarship
Law academics in India have traditionally focused on vocational training rather than engaging in legal scholarship and shaping the law. The legal education system has emphasized training lawyers rather than nurturing scholars. This approach leads to a lack of participation by academics in influencing legal progress and policy-making. The absence of a requirement to publish and limited engagement of academics with the judiciary further hinder the impact of legal scholarship. While there is a growing trend of young academics producing quality work, further encouragement and collaboration between academics and the judiciary are needed. This could involve academics contributing amicus briefs, engaging in research on contemporary topics, and actively participating in shaping legal discourse.
My guest today is Murali Neelakantan. Murali is a graduate of the '96 batch of the NLSIU and was one of the first India educated lawyers to have become a partner in an English law firm. After moving back to India, he worked as a Senior Partner at Khaitan and Co before joining Cipla as a Global General Counsel. After Cipla, Murali is currently focusing on a variety of policy, education, and other projects. Murali has a wealth of experience in pharma and the Indian judicial system which we will uncover in this two episode series. Unfortunately, this will be an audio only episode as we faced some bandwidth issues, but as Murali jokingly put it once "I have a great face for the radio." But I really hope the quality of the conversation makes up for it.