01 Jun Necessity of the Academic scholars in Judiciary and executive : An analysis
Necessity of the Academic scholars in Judiciary and executive – Today Current Affairs
Context : A law professor Arul George Scaria is appointed In a case involving the interpretation of the Copyright Act of 1957 by Justice Prathiba M. Singh of the Delhi High Court . In fact , the high court stated that an expert assistance is needed in this case
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- Generally , it is seen that professors are only engaged in teaching and research work. In our Judicial system , the expert advice of the professors are highly needed . Not only in Judiciary, in administration, the expert advisory of the professors are also needed. In fact. Professors are experts in their own field and they have a great experience of their specific subjects , so their assistance should be taken for the well being of the society .
- Recently this can be seen in the case of the appointment of the law professor Arul George Scaria for the case of interpretation of the Copyright Act of 1957 .This work of the Delhi high court is really commendable and in future our judiciary and the executive should also think to take such decisions in future. The core occupation of a law professor is to teach and push the frontiers of knowledge through research and scholarly engagements. But they have much more to offer provided the system gives them the right opportunities.
Some example in which judiciary took help of the academicians (Professors) : The Hindu Analysis
- However such examples are very rare . A renowned academician Prof Shamnad Basheer who assisted the Supreme Court as an ‘academic intervenor’ in Novartis v. Union of India (2012). He was great scholar and had a lot of research experience in the field of intellectual property law
- Similarly Aparna Chandra and Mrinal Satish ware also appointed as amicus curiae by Delhi high Courts. The Hindu Analysis
- The great academician Upendra Baxi and Lotika Sarkar also voluntarily intervened in matters of importance, and pressurized Judiciary to consider their advice
- On several occasions the honorable supreme court has appointed law professors such as Mool Chand Sharma as Joint Registrar (Research) and Anup Surendra Nath and Daniel Mathew as Deputy Registrars (Research).
- In the 1999 aerial incident case involving India and Pakistan, the honorable supreme court appointed V.S. Mani as part of a team that represented India before the International Court of Justice (ICJ)
- Law commission has been taking the services of the expert professor for drafting some amendments in the present laws . The Hindu Analysis
- There are several examples where the parliamentary committees have invited law professors to depose as expert witnesses in important matters. And also many time executive has also took the service of the law professors
Neglection of the Academicians : The Hindu Analysis
- But there are several occasions in which expert advice was needed but no effort was made to take expert advice from any professor. The above examples are the result of individual effort . As an institution , Judiciary never raised any step to appoint the professors for the expert advice. The Hindu Analysis
- Both the judiciary and the executive have largely ignored India’s academic lawyers . The article 124(3)(c) of the Constitution of India states that a ‘distinguished jurist’ i.e. an illustrious law professor, can be appointed as a judge of the Supreme Court. But up to now , no professor was appointed as the judge of the supreme court. The reason behind this may be a strong lobby of the judges of the Supreme court and political intervention . If we compare our judicial system with America, in American supreme court several professors have been appointed as the judge of the court
- For the international law institutions like the appellate body of WTO, ICJ etc., India prefers to send retired judges , some government lawyers or the administrative officers while other democratic countries send experts / professors in those institutions . however we are having great scholars of the law shoes works is internationally acclaimed. The Hindu Analysis
- The most surprising thing is that , in the lateral entry process in higher posts of the bureaucracy , the government also ignored the professors . However the lateral entry system was brought to bring experts people in the administration
- However , India’s constitutional courts appointed experts as amicus curiae but here also, our courts are more dependent on the expertise of the Indian bar. Professors are here also neglected
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As per the above discussion, it can be concluded that the appointment of the professors as the judges of the higher court in India would bring diversity in our judicial process. These expert professors can tackle complex cases easily and after analyzing the laws , they can give some better laws to the country. They can interpret the constitution very well and the most important thing is that the trust or faith in the judiciary would be intact in the sight of the people. Recently it has also been observed that the credibility of the court has reduced in the eyes of the public after several decisions (Like Gyanvapi and the Mathura cases) . Therefore to strengthen our judicial system some experts of the law should also appointed so the diversified approach in the judiciary could also be evolved
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