Legal reforms require continuity

Concerning the story relating to the exit of Arun Jaitely as the Union minister for law and justice (IE, 'Jaitley out just when his ...

Concerning the story relating to the exit of Arun Jaitely as the Union minister for law and justice (IE, ‘Jaitley out just when his reforms kick in’, IE, July 2), I have now to inaugurally abandon my reticence to comment on cabinet reshuffles to express my full agreement that this departure of Jaitley from the ministry is superbly ill-timed in terms of reforms in the administration of justice.

Reforms require a degree of stability of leadership based on experiential knowledge of how lawyers and the courts’ work.

If Arun Jaitely was required to perform the responsibility of party propagandist — and I regret that he should have accepted this role rather than return to the Bar — then his illustrious predecessor in office, Ram Jethmalani, who should never have been allowed to resign in the first place, ought to have been returned to this portfolio.

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I address the issue wholly in terms of desperately needed reform of administration of justice, of course. From the standpoint of the violations in Gujarat, it is sad but true that it really does not matter who occupies this high office.

Arun Jaitely did not serve the cause of human rights in India by his defence of Gujarat Chief Minister Narendra Modi, during this unfortunate interregnum; Ram Jethmalani remained conspicuous by his silence on the Gujarat carnage; and no one may expect the new incumbent of the ministry of law and justice — Jana Krishnamurthi — to be excited in the least by the great cause of human rights.

Given this, and in keeping with the times, it is sensible that the portfolio be now re-designated as ‘ministry of management of legal affairs and tactics’, with the additional charge of Governance Damage Limitation.

The term ‘justice’ — in its current designation — remains the cruellest of oxymorons.

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(The writer is presently a professor of law, School of Law, Warwick University, UK)

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