Opinion A wishlist for new Law Minister Arjun Ram Meghwal
The minister inherits a mixed legacy from his predecessor. A good starting point would be the statement of the Prime Minister in October 2018 on the need to reduce litigation by the government so that the burden on the judiciary would be reduced
Gopal Sankaranarayanan writes: There is much good that Mr Meghwal can do from Day One, which has already passed. (PTI)
For those of us who consider the Supreme Court our home, Thursday, May 18, brought two pieces of news that were critical. The first was that of a new Law Minister, Arjun Ram Meghwal, the latest to grace a portfolio that has much to do with the judiciary and the justice system. The other was the warrant of appointment issued for elevation to the Supreme Court of K V Viswanathan, one of the Court’s finest senior counsels and a brilliant human being. Vishy, as he is known to many of us at the Bar, is set to be Chief Justice of India from August 2030. This is yet another welcome instance of a practitioner in the Court taking over its helm.
As far as Justice Viswanathan is concerned, after having witnessed the moving levers at Tilak Marg from the inside for over three decades, there will be little that will be novel. Patient adjudication, deep reflection and precise expression will be his lot, and he will undoubtedly master them all.
For Minister Meghwal, however, as he commences his tread on a path unfamiliar, there is cautious optimism. The task of the Law Minister involves not only a reasonable knowledge of the working of courts, parliamentary affairs, and government counsel but also requires astute diplomacy in dealing with judges and political demands. As a former bureaucrat of the Rajasthan cadre, the man from Bikaner will find himself inheriting a copybook in dire need of some correction. It would be worth considering what the next few months could bring if Meghwal were to take his ministry in a new direction.
Maybe a good starting point would be the statement of the Prime Minister in October 2018 where he asserted the need to reduce litigation by the government so that the burden on the judiciary would be reduced. The last several years have seen the statistics continuing to reflect an alarming proportion of cases with the government as a party. As recommended by the 2018 Report of the Vidhi Centre for Legal Policy, much of this ought to be reduced, particularly in the arena of service law where larger questions of law do not arise.
Separately, it is high time that India adopted some version of the Crown Prosecution Service of the UK, which allows for an assessment independent of the investigators (read: police) of whether a case should lead to an indictment and trial. Far from objectively deciding whether material exists to oppose bail or frame charges or to even appeal orders, it is now standard format to treat the accused or the undertrial as a mortal enemy who must be stopped at all costs. This philosophy, which is so central to most prosecutors, must be checked and the Law Minister could play a crucial role. Another useful measure would be to encourage and enhance mediation and plea bargaining for which reams have been devoted prior to them entering the statute books, but unfortunately, precious little executive effort has been directed.
To achieve much of this, the National Litigation Policy of 2010 needs to be updated and made mandatory so that both Union and state government functionaries fall in line to limit their advertence to the already burdened kacheheri. What successive governments have failed to do would thus be a feather in the cap of this dispensation as it enters an all-important election year.
Minister Meghwal also inherits a somewhat mixed legacy from his predecessor, Kiren Rijiju. While the latter was ever present to comment on judgments of the courts and even oral observations by the judges (not always in pleasant terms), he did express his interest in engaging with the technological initiatives of our tech-savvy Chief Justice and offered the encouragement of his ministry. One would expect that a government conscious of its conduct being too similar to its opponents from an earlier era would attempt some reform in this respect. Meghwal could well be the first to surprise us by clearing collegium recommendations within a maximum of one week and also avoiding sending the files back for reconsideration.
I would be remiss if I did not touch upon a matter that ails the legal community at large, and thus their public clientele — the lack of a proper regulatory body for those who have chosen this noble profession. The Bar Council of India now comprises a group of individuals who have long exceeded their elected terms, and yet devote little time to regulate and reform, while there is much that needs to be addressed. A small cohort of lawyers charge exorbitant fees unchecked by law, and the mandate to do pro bono work is absent. In addition, lawyers lack social security as a tribe and the majority have to make do with what comes their way. The Covid years took a heavy toll on the women and men in black and white, in many cases irreversibly. The Ministry of Law would be well-positioned to overhaul the profession to serve the people in a more meaningful manner. There is much good that Mr Meghwal can do from Day One, which has already passed.
The writer is senior advocate, Supreme Court of India
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