‘Rituals can be governed by religion, but rights must be as per Constitution’

Why is the uniform civil code not being implemented? Why should the Government seek the approbation of religious leaders for this, which will never materialise? T. Rajagopalan
The Uniform Civil Code is a directive principle of state policy. If community leaders agree, it can be implemented easily. Even in the absence of such an agreement, I do believe that all personal laws relating to rights of individuals should be subject to Constitutional guarantees namely equality, equity and dignity. There is no reason why any personal law should infringe Constitutional guarantees. Rituals can be governed by religion but rights must be as per the Constitution.

Do you think the demand for transferring the Best Bakery case trial outside Gujarat is appropriate? Ravi Agarwal
Our law provides for a due process of trial, appeal and petitioning to higher courts. It is for the appropriate courts to determine the innocence or guilt in any criminal case and not for me to pronounce on the same. I do, however, feel seriously concerned about the high rate of acquittal in serious crimes in India primarily on account of witnesses turning hostile. The ministry has submitted its proposal to the Home Ministry to deal with this menace. I do expect a legislation to be introduced very soon in this matter.

Can we expect justice in the Babri demolition case? Or as in the past the ministers, even if found guilty, will go unpunished? M K Vashi
Under our jurisprudence, justice is what courts decide and not what individuals desire. I am, therefore, confident that with the vibrant system of judicial review, none who is guilty would go unpunished and none who is innocent would be denied justice.

People now-a-days think that they cannot get justice in the court of law. What’s your personal view on this? What measures, as the Law Minister, are you taking to bring back public confidence in the country’s judicial system? Jagdev Singh
It is unfair to suggest that our judicial system does not give justice. Our judicial system is fair, independent and powerful. It is, however, slow. The Government has taken various steps such as simplifying procedures of law, setting up of Lok Adalats and setting up Fast Track Courts to expedite justice delivery system. However, eventually governments do not decide cases. It is lawyers who argue the cases and it is the judges who decide upon the cases. They have a principal role to play in the justice delivery system.

Like all other mature democracies, can’t we have tort laws here too? This would make the bureaucracy accountable to the people. Balakrishnan
We do have a Law of Torts applicable to India. ‘‘Accountability to the People’’ is a vague phrase. There has to be specific norms of accountability. The bureaucracy is accountable to its superiors — to the Parliament and also to CVC. Its actions are susceptible to judicial review.

As a prominent lawyer if you can’t reform our judicial system, I can’t see who else can. While the courts have consistently failed to bring to book corrupt politicians, sleaze has crept into the judicial system too… Arun Pratap Singh
The accountability of judges is not to the politicians or ministers. They are accountable to the higher layer of judiciary themselves. However, I do believe that there are limitations in the working of the in-house mechanism. We have therefore introduced a Constitutional amendment to set up an institution, namely, the National Judicial Commission which will, amongst other functions, look into cases of deviant behaviour of judges.

As you know, the Salt Commissioner’s Organisation is under the administrative control of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. The Expenditure Reforms Commission, after examining the functions of the Salt Commissioner’s Organisation, in its 10th report, had recommended its winding up. But till today — with no work on its platter — it is continuing at the expense of tax payers. Save India
Salt is a subject in the Union list. The Centre has the duty for ensuring availability of salt in all parts of the country. The Salt Commissioner has to manage huge tracts of land used for the production of salt. It is correct that the total expenditure of the Salt Commissioner’s Office exceeds the annual income and there is a net cash outflow for the Government of India for maintaining this office. But the expenditure has to be incurred because it is the responsibility of the government to ensure proper production and distribution of this sensitive commodity. However, keeping in view the recommendation of the Expenditure Reforms Commission, a major process of re-structuring and downsizing is in process at the moment.