"... You cannot say I as a politician will define what is my understanding of the fundamental right. If the Supreme Court does not agree with me the system does not work. Today we reached - either you are with us or you are with them kind of attitude in public life. Either it is my truth or your truth.
You agree with me you area great judiciary and if you don't agree with me; you are a subservient judiciary. That's not the way". - Harsh Salve, eminent lawyer
This is what he actually means - Need of 'responsibility' of political class, Sickular ecosystem :::: Law or Constitutional body is Good as long as it does what I feel ... is an erroneous conjecture !!
The power of Constitution remains with the people. But interpretation of law lies with the judiciary and the implementation lie with the executive.
Here comes the big role to be played by lawyers. But commercialisation of the legal system is the biggest challenge in today's era.
Essentially the Constitution comes to our use when "people with legal problems" like people with physical pain want 'relief' and they want it as quickly and as inexpensively as possible.
But this is not happening on multiple counts. Money matters is only part of the problem. The time span -- the years spent in running between courts and home - is merciless.
Finally a judgement may come but the person maybe left without a home.
Years back in 1987 at Nagpur -- then the town was known for orange and hardly for the saffron brigades hub - Nani Palkhivala had told a public function that when he started practicing in 1947 any observation made by a lawyer in the court was accepted by the judge.
"You seldom heard of an affidavit...," he said adding "(today - that is 1987) ... counsel often makes statements at the Bar which are factually incorrect and affidavits are often filed even on behalf of public authorities which do not state the truth.
In 2025, things have deteriorated further.
Now a senior political leader even when asked or challenged by a Constitutional authority to file an affidavit -- the concerned leader, that is Rahul Gandhi, is not doing so.
Time to take steps for Judicial Reforms -- that is one and secondly the Police Reforms.
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| Namo: Needs to initiate Judicial and Police reforms |
Harish Salve told 'India Today' TV on Nov 26 (2025) - the National Constitution Day that Democracy is all about Debate
and he says -- the Supreme Court leas of all should be above critcism.
Judgments have to be criticised when they are found to be wrong.
Hence what we need is Introspection. Salve puts it better -- "I celebrate my constitution because it calls for introspection ... every single day.
Democracy is a ceaseless endevour; it's not a safe harbour. Democracy means debate all the time".
This brings us to 'debate' about failures in the judicial system and as stated above Delay in justice is a big issue at hand.
Likes of Palkhivala had agreed during their times as well that 'delay' was the greatest drawback of the administration of justice.
Palkhivala even argued on this aspect of 'Indianness' in his own style and the distinct ability of narration. He had perhaps there were a few 'historical reasons'.
He further had said -
"Ancient India had evolved the concepts of eternity and infinity. So what do thirty years, wasted in litigation matter against the backdrop of eternity. Further , we believe in reincarnation, what does it matter if you waste this life ?
You will have many more lives in which to make good".
His essential point was - in no country in the world the litigation goes on for so long.
ends
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