Tuesday, November 14, 2023
Finance Revolution 4.0 - Cryptocurrency Reaching the Unreached
Sunday, November 5, 2023
Shrimat Bhagwad Geeta - Confluence of Sanaatan Knowledge and Wisdom
Every individual is in a constant struggle to achieve total harmony and perpetual happiness. In the process every person continues to make serious and sincere efforts to resolve the conflicts within one’s own self and those existing in the world around. In this process of resolving conflicts, every person at every moment needs necessary information, understanding, knowledge and wisdom to guide him to deal with the same. Every moment the divine and the asur energies within and outside seems to continue to come into conflict as we are struck by futuristic trauma as happened with Arjun, just before the beginning of the great war of Mahaabhaarat. Arjun, a kshatriye, one of the finest archers of his times, a great warrior, with vast experiences of combats, fights, war, knowledgeable in various arts, with potentiality for clear and objective intellectual analysis, but also emotional was overwhelmed by futuristic trauma (shalok 1.28-1.46, 2.4-2.8).
As soon as Arjun realized the post-war scenario, in which almost all 4.5 million heroic and fearless human beings were to be wiped off the face of earth, leaving behind old parents, widows and children, leading to varn admixture and pitr dosh, he was seized by feeble mindedness, confusion and grief resulting in deep distressing state, affecting his entire persona. As he watched both the armies locked in fierce battle, he felt that the war will not serve any purpose and will lead not to victory but to death of millions and that was unacceptable to him as a king. He strongly felt that every benefit of war will be lost after the war with extermination of all kith, kin and fellow beings and he was struck by total emotional breakdown.
Arjun narrated his harrowing emotional feelings and condition to Shri Krishan who as his true and closest friend had agreed to be Arjun’s charioteer. Shri Krishan begins his address with a powerful statement to shake Arjun and connect him to fundaments of existence in Chapter 2 shalok 11 to 30:
"You grieve for those who should not be grieved for, yet you speak like wise. The wise grieve neither for the living nor for the dead11. Neither I, nor you, nor any of these ruling princes were ever non-existent before nor is it that we shall not cease to be in the future12. The indweller in the body experiences childhood, youth and old age of the body and also passes on to another body, the serene one is not affected thereby13. The contacts of the senses with their objects create son of Kunti, feelings of heat and cold, of pain and pleasure. They come and go and are impermanent, bear them patiently, Bhaarat14. That man, the best of men, is fitted for immortality, whom these do not torment, who is balanced in pain and pleasure and is steadfast15. The unreal has no existence, the real never ceases to be. The truth about both has been realized by seers16. Know that to be certainly indestructible by which all this is pervaded. None can affect the destruction of the immutable17. These bodies of the Indweller, who is eternal, indestructible, and immeasurable are said to have an end. Fight, therefore, Bhaarat18. He who holds aatma as killer and he who considers it as killed, both are ignorant. It kills not, nor is it killed19. The aatma is neither born nor does it die. Coming into being and ceasing to be, do not take place in It. It is unborn, eternal, constant and ancient. It is not destroyed when the body is slain20. He who realizes the aatma as indestructible, eternal, unborn and changeless, how can he kill, Paarth, or cause another to kill?21 As a man casting off worn out garments puts on new ones, so the embodied, casting off worn out bodies, enters into others22. Weapons do not cleave the Aatma, agni burns it not, water wets it not and wind dries it not23. This Self is un-cleavable, incombustible and neither wetted nor dried. It is eternal, all pervading, stable immovable and everlasting24. This aatma is said to be un-manifested, unthinkable and immutable, therefore, knowing it as such, you should not grieve25 or if you conceive of aatma as given to constant births and deaths, even then, mighty armed, you should not feel sorrow26. Death is certain for that which is born, birth is certain for that which is dead. You should not, therefore, grieve over the inevitable27. Beings are all, Bhaarat, un-manifested in their origin, manifested in their mid-state and un-manifested again in their end. What is the point then for anguish?28 One beholds the Self as wonderful, another mentions it as marvellous, another again hears of it as strange, though hearing yet another knows it not at all.29 This Indweller in the bodies of all is ever indestructible. Bhaarat, therefore, you should not grieve for any being.30”
As they enter into conversation, Arjun continues to ask questions, raise issues and even challenge the authority of Shri Krishan, with the sole purpose of refraining to enter into war and that led to unfolding of sanaatan knowledge and wisdom which was spread in ved, vedaant, upanishads and in sanaatan culture, which has continued to move down the ages as smriti and shruti. What unfolds is various nature of beings, their attitudes, eternal nature of the absolute truth, attributes of cosmos, various paths that are followed by homo sapiens, for their spiritual growth and self-realization.
Shri Krishan with his multi-dimensional existence apprises Arjun as Shri Krishan (human), consciousness (aatma), total consciousness (param-aatma) and beyond consciousness (cosmos). Shri Krishan acts as a peace mediator resolving all existing conflicts between Arjun, who was trained all his life to fight wars on one side and emotionally blocked Arjun who was restraining to fight war, on the other side. Shri Krishan addresses the deep internal conflict within Arjun’s mind which arose in view of the futuristic trauma or social sufferings that may arise in future and will affect generations to come. Shri Krishan, who was well aware of the coming changes, continued to answer all queries of Arjun with a smile, showing him the larger picture, the cyclical transitory time, spiritual dimension of all beings and existence of a single cosmic energy beyond and as the basis of all that exists in this universe and all that is sanaatan wisdom. The interactive session finally helped Arjun to resolve his conflicts and perform his duties with perfection and without delusion.
The brilliance of generative dialogue between Shri Krishan and Arjun is that Shri Krishan continues to expound the sanaatan knowledge and wisdom without telling Arjun what needs to be done. Sanaatan knowledge and wisdom helps Arjun to take decision on his own and the that the brilliance of it all
Shalok 8.17 refers to the beginning of the time or the awakening of Braham for one day after one Brahm night = One kalp = 14 Manvanta + 1 Sat yug = 1000 yug = 4,320 000 00 years, expounds the calculation of time or kaal gadna also existence of cyclic time as contradistinguished from Abraham religions which are based on lateral time.
Chapter 13 deals with kshetr and kshetragye, the body and the embodied or the Prakriti and the Purush. This is the most important and the least understood basis of sanaatan philosophy. Purush is aatma, ishwar, jeev, praan, self, conscience, consciousness, cosmic reality, cosmic energy, life element, living spark, soul, spirit, absolute truth, will, embodied, in-dweller or any other name connoting the life element in being with some attributes as referred in Chapter 2. Prakriti is everything other than the Purush, including the five basic element – earth, water, fire, air and space, five gyaanendriyaan or sense organs – eyes, ears, nose, tongue and skin, which perceives the objects of senses, five karamendriyan – mouth for speech, hands for action, feet for moment, genital organs for reproduction and anus for excretion, by which we undertake action. Everything that exists in the world around is also a combination of Purush and Prakriti. Shalok 13.5 and 13.6 expounds the same as follows:
“The great elements, egoism, intellect, as also the un-manifested, the ten senses and the one mind and the five objects of the senses5, desire, hatred, pleasure, pain, the aggregate intelligence, firmness, the kshetr has been thus briefly described with its modifications6.”
Shalok 13.12 – 13.18 describes Purushottam or total cosmic energy -
“…Beginningless is the supreme Brahm. It is not said to be ‘sat’ or ‘asat’12. With hands and feet everywhere, with eyes and mouths everywhere, with ears everywhere, He exists enveloping all13. Shining by the functions of all the senses, yet without the senses. Absolute, yet sustaining all, devoid of gunn, yet He experiences them14. Outside and within all beings, the unmoving and also the moving, because of this subtlety, He is incomprehensible, He is far and near15. He is undivided and yet He seems to be divided in beings. He is to be known as the supporter of beings. He devours and He generates16. The light of all lights, He is said to be beyond darkness, knowledge, the knowable, the goal of knowledge, seated in the hearts of all17. Thus the kshetr, knowledge and that which must be known has been briefly described…18
In Chapter 10 – shalok 10.20 – 39, Shri Krishan narrates 76 (seventy six) attributes of Parameshwar or Purushottam dealing with the manifestation. Some of them are Sun amongst luminaries – shalok 10.21, Moon amongst planets - shalok 10.21, Mind amongst senses – shalok 10.22, Ocean amongst water bodies – shalok 10.24, Om amongst sound – shalok 10.25, Jaanvi (Ganges) amongst rivers All these gives the widest spread of knowledge about the cosmic expression in the world and things around us in its most outstanding and brilliant form.
In chapter 14, shalok 14.06 – 14.16 Shri Krishan deals with the attributes of the three gunn – saattvik, raajsik and taamsik and in chapter 17 and 18 deals with the spread of three gunn in different events of beings. He narrates the nature of Sattva – shalok 14.06, 14.09 – 14.11, 14.14, 14.16 -14.17, Rajas – shalok 14.07, 14.09, 14.10, 14.12, 14.15-16 and Tamas -shalok 14.10, 14.13, 14.15-16. He describes three kinds of shradha - shalok 17.02 – 17.03, worship – shalok 17.04, austerity – shalok 17.05 – 17.06, food – shalok 17.07 – 17.10, yagye – shalok 17.11 – 17.13, speech – shalok 17.15 – 17.16, gift – shalok 17.20 – 17.22, abandonment – shalok 17.07 – 18.09, knowledge – shalok 18.20 – 18.22, action shalok 18.23 – 18.25, doer shalok 18.26 – 18.27, intellect – shalok 18.30 – 18.32, firmness – shalok 18.33 – 18.35 and happiness shalok 18.37 – 18.39. All this gives deep and complete knowledge of them all and this knowledge is all pervasive.
Shri Krishan expounds all possible paths chapter after chapters. Chapter 2 - Saankhye Yog, the path of Self Knowledge; Chapter 3 – Karm Yog, the path of action; Chapter 4 – Gyaan Karm Sanyaas Yog, the path of knowledge, action and renunciation; Chapter 5 – Karm Sanyaas Yog - the path of action and renunciation; Chapter 6 – Aatm Sanyam Yog, the path of Self-Restrain; Chapter 7 – Gyaan Vigyaan Yog , the path of Knowledge and Science; Chapter 8 – Akshar Brahm Yog - The path of Imperishable; Chapter 9 – Raaj-Vidya Raaj - Guhye Yog - the path of wisdom and mysticism; Chapter 12 – Bhakti Yog - the path of devotion and surrender; Chapter 18 – Moksh Sanyaas Yog - the path of renunciation and emancipation. All this words of wisdom is to help us to find what is true for us.
In Chapter 11, Vishwarup Darshan helps Arjun experiencing the universal form of the cosmos. Sanaatan knowledge and wisdom is not merely rhetoric, logicalizing or dialectics where the entire effort is to win and establish intellectual superiority but is all about transmission of and having cosmic experience. The world has choicelessly moved from the third to the fourth dimension after experiencing the covid cosmic kick and have become aware of the metaphysical existence of us there is awareness of toxin free health, pollution free environment and non-conflicting existence. Reading, understanding and assimilation of the simple but deep learning so beautifully expounded in Shrimat Bhagwad Geeta has more relevance and significance to mankind today than ever. There is not a single word in the song celestial which does not contain an underlying thought or hold a significant meaning to relate to the path that every human being is traveling in lateral time and existing in quantum way. It is for us to locate our standing in the universe and move forward to achieve the true and real purpose of life. It is also for us to see why those who, though seem to be rising on social ladder, are falling from the true and real purpose of life, until the truth dawns and the karmic colours splash on life’s canvas, following irreversible laws of nature, without judgment.
The song Celestial helps us to unwind all that riddles us once we decide to let our life loose. There is not a single word or thought which can be added in the song celestial here, there, or anywhere. Shrimat Bhagwad Geeta is a complete code, with its tributaries and attributes reaching all over. Time and again it becomes imperative for everyone who in the process of seeking realization seeks to decipher the mundane and the ephemeral as also the metaphysical and ethereal to perceive the picture as a whole, which it quests to experience, as the goal and purpose of coming into existence.
Shrimat Bhagwad Geeta is one of the most powerful documents to be read and re-read, to enable understanding of the people and world around and realising the true nature of Self. It helps us to begin or to end in the most profound manner the so-called war between forces that are blindfolded by lust, greed, and desire to control and continue to exploit others and feel more authorised, empowered, and sanctioned, to continue in their venture, on one hand. On the other hand, are those that have the necessary wisdom, knowledge, experience and understanding and wish to continue to exist helping each other and feel pained by the miseries of the exploited and the exploiters and keep evading the war until it becomes inevitable, for that brings several other kinds of misery, unhappiness, and disasters. It is imperative to have awareness of the whole to act meaningfully and effectively act in the world to our perfection and continue to enjoy bliss of existence.
The advent of the new age demands re-enforcement of the same said principles and the underlying energies in a new form to be fully appreciated, understood, and realised. One of the basic ingredients of sanaatan belief system is the physical experience of Truth and that is one reason that the fundamentals of philosophy have survived irrespective of the onslaughts. The conscious meta - physical experience and realisation and the bliss that follows is a very personal experience and keeps the being act purposefully, till the existence continues to exist in bliss and ecstasy.
Reading and understanding Shrimat Bhagwad Geeta is yet another step to help the perception of the conflicts and resolve them or help the perception of absence of such conflicts and negate them. In the absence of correct appreciation, understanding and realization of the Truth, every human being not only thwarts her/his own development and progress towards the Ultimate, but also gets involved in social reactions and interactions which defeat the very purpose of existence. The inability of human being to perceive the whole or Its true nature brings about thoughts and feelings like disapproval, disappointment, displeasure, annoyance, anger, dissatisfaction, depression, frustration, guilt, fear, jealousy, hatred, melancholy etc. leading to social expressions and social phenomena like lack of sympathy, unfriendliness, hostility, aggression, enmity, abuse, violence, exploitation, brutality, terrorism, poverty, corruption, divorce etc. which religion and law endeavor to minimize and control. This book is neither intended to unsettle the minds of those who are attached to pleasure and power or to invite their opinion. This is meant merely to induce and reinforce in the wise the stimulus and vitality to carry persistently and precisely on their activities, to create a perfectly harmonized social order and help every other individual to reach Self-realization.
It is time for us all to realize our true Self and move on a spiritual path, within. It is the time to Shrimat Bhagwad Geeta helps us to see the larger cosmic picture, our location in the cosmos, and the path uniquely suitable and provided to us. For over 5,000 years now and for times immemorial Shrimat Bhagwad Geeta will continue to help every old soul on the path to resolve the issues and help becoming conflict free, leading to move with the spiritual revolution 5.0.
Sunday, October 22, 2023
International Mediation Day - October 19, 2023
In this backdrop, 1975 saw the establishment of the Family Mediation Association (FMA) by Jim Coogler, Steve Erickson, and their peers. Coogler's pioneering book, "Structured Mediation in Divorce Settlement," acted as a beacon for this emerging field. His personal experience with a painful divorce process, one that resulted in significant personal and familial losses, became the catalyst for his advocacy. Initial skepticism was palpable, with critics questioning the potential of mediation, especially for high-conflict couples. However, the pressing need for a more compassionate approach for divorcing families was evident.
By 1981, a second influential body, The Academy of Family Mediators (AFM), was founded by John Haynes, Steve Erickson, and others. Initially, the AFM's focus was on providing divorce mediation training as a means of funding its establishment. The association rapidly expanded, offering a variety of member benefits by the mid-80s. By the mid-90s, its member base had ballooned to over 4,000 mediators and trainers.
The growth of mediation wasn't confined to family disputes. Other Alternative Dispute Resolution (ADR) entities like the Society of Professionals in Dispute Resolution (SPIDR), Conflict Resolution in Education Network (CRE-NET), National Association for Community Education (NAFCM), and the National Association for Mediation in Education (NAME), and many more, also saw significant growth. With primary funding from the Hewlett Foundation, these organizations continued to thrive until the late 90s. By 2000 Hewlett Foundation decided that it will fund only one umbrella organization. To consolidate resources, AFM, SPIDR, and CRE-NET merged to form the Association for Conflict Resolution (ACR). This merger brought together over 7,000 members, encompassing diverse practice areas.
The ACR's impact is evident in its establishment of Conflict Resolution Day in 2005, setting standards for school-based peer mediation programs in 2007, and its continued advocacy for peaceful conflict resolution. ACR drafted ‘Recommended Standards for school-based Peer Mediation Program, 2007 and many other standard documents for training, with a view to:
• Promote awareness of mediation, arbitration, conciliation and other creative, peaceful means of resolving conflict;
• Promote the use of conflict resolution in schools, families, businesses, communities, governments and the legal system;
• Recognize the significant contributions of (peaceful) conflict resolvers;
• Obtain national synergy by having celebrations happen across the country and around the world on the same day.
October, with its roots in the Latin word "Octo," means eight. October occupied the eighth place of a year when the year was made of ten months and 304 days. However, because of season calendar mismatch January and February were added and October became the tenth month, but it did not lose its name. Eight and October symbolizing fertility, prosperity, and peace, serves as a poignant month for such advocacy. This month sees global celebrations of peace and non-violence, especially with Gandhi Jayanti on October 2nd. In 2008, the American Bar Association (ABA) designated the third week of October a s 'ABA Mediation Week.' Recognizing the same spirit, both the ABA and ACR, along with numerous organizations, earmarked the third Thursday of October as International Mediation Day.
Sunday, April 2, 2023
Law in Sports Governance, it's place in the Modern Times - Colombo - 03.04.2023
Friday, March 10, 2023
Introduction Chief Justice Dr. D.Y. Chandrachud - 2nd Soli Sorabjee Memorial Lecture at CLC 23, Goa - March 9, 2023
Hon’ble Chief Justice of India Dr. D. Y. Chandrachud, Hon’ble Chief Justice of England and Wales the Right Hon’ble Lord Burnett of Maldon, President Commonwealth Lawyers Association Peter Maynard, dignitaries on the dais and off the dais, colleagues, friends, ladies, and gentlemen.
How cosmos brings people in our life or that of an institution and nation has much more in it, then we can ever know. That is perhaps one of the unanswered questions, which is only decoded after the period is over. During the period we can only make efforts to decipher and with awe watch the head of the institution, leading from the top.
Hon’ble Chief Justice Dr. D.Y. Chandrachud was designated as Senior Advocate by the Bombay High Court in 1998 and appointed as the Additional Solicitor General of India in the same year. He was elevated as judge of Bombay High Court and thereafter as Chief Justice of High Court of Allahabad. He was appointment to Supreme Court on May 13, 2016, and on November 9, 2022, was appointed as the 50th Chief Justice of the largest democracy in the world. A position that he holds with great dignity, vibrancy, majesty and fervor during the uncommon times.
Chief Justice Chandrachud has authored several outstanding and path breaking judgments of Supreme Court on all most all issues, as they continue to arise. Right of Privacy, Free Speech, Personal Liberty, Gender Justice for women in armed forces, Intersectional violence, Labour, Floor test for election, distribution of essential supplies and services during pandemic, Affirmative action, Disability rights, Commercial Law, Insurance Law, Insolvency Law and many other subjects have been magnificently dealt by him
His legal statesmanship is reflected in every judgment. Criminal law should not become a tool for selective harassment of citizens. Sexual Harassment at workplace is an affront to the fundamental rights of a woman to equality. There can be no gamble with the environment: heads I win, tails you lose approach is simply unacceptable; unacceptable if we are to preserve environmental governance under the rule of law. This statement led to the evolution of the environmental rule of law principle.
His very powerful dissent relating to the biometric project – Adhaar is labelled in academic circles as stirring dissent, fiery dissent, historic dissent, stinging dissent, lone yet powerful dissent. His dissent had not to wait, for a day in the future when it could be duly recognised. The reasoning given by him has been relied by Chief Justice Sykes in striking down Jamaican National Identification and Registration Act and has become part of global migration of ideas, by finding fertile soils far from home and bloom into full richness as one academician penned.
Chief Justice Chandrachud is a profound speaker and has delivered numerous addresses, particularly at conferences organized by United Nations High Commission for Human Rights, International Labour Organizations, United Nations Environmental Program, the World Bank and Asian Development Bank and several premier International and National Institutions and events organized by civil societies.
As Chief Justice of India he has taken great initiative by making full use of technology for the institution. After his taking over, suddenly we have seen the big machine moving. E-Committee, Virtual Court, National Judicial Data Grid, Inter – Operable Criminal Justice System, e-Filling Software 3.0, e-Payments, e-Sewa Kendr, National Service and Tracking of Electronic Process, Judgment Search Portal, Live Streaming of Court proceedings, Transcription of live court proceedings, case categorization and finally Neutral Citation. His strength to take positive decisions to enable the institution is unparallel and this I say after having personally interacted with almost 35 Chief Justices of India.
All this is but a small spark of what Chief Justice Chandrachud is. There is no other avid thinker, intellectual giant and a passionate legal mind, who is pushing and pulling the highest legal institution into the next level, with all that is at his command, to meet the challenges of legal issues arising as a result of us all being in a VUCA world - Volatile, Uncertain, Complex and Ambiguous, Fourth Industrial Revolution, Globalization 4.0, Fourth Education Revolution and Legal Revolution 5.0. We are fortunate to have him with us, at the second Soli Sorabjee Memorial Lecture.
Hon’ble the Chief Justice Dr. D.Y. Chandrachud
Saturday, December 24, 2022
Supreme Court - Lost Traditions
“He who can no longer pause to wonder and stand rapt in awe, is as good as dead; his eyes are closed” Albert Einstein
3. Order of Stay or Bail to follow notice – It was little necessary to argue for bail or stay in a matter where the Supreme Court issued notice. Stay or bail would normally follow order of issue of notice. Only in exceptional cases, the same would not happen. Supreme Court issues notice only in cases where the conscious of the judge is touched and there seems to be serious error in the judgment of the High Court. If the Supreme Court feels that illegality has been done, there is no reason that the illegality is perpetrated even for a moment thereafter. I always thought that was one basic distinction between Supreme Court and other Courts where facts had still to come on record. There should be no grey area for Supreme Court. Admit or notice and stay or dismissed.
4. Making bail orders available on the same day - Once the Supreme Court passed an order granting bail, the Registrar of Supreme Court would not leave the Supreme Court till certified copies of all the orders in which bail was granted was delivered to the Advocate on Record. Orders of Supreme Court must be given effect to forthwith, more particularly when they relate to liberty of person. Any violation thereof amounts to contempt of Supreme Court. Non delivery of certified copy of bail on same day is contemptuous.
5. Adjournments: Adjournment in Supreme Court was granted in rarest of rare cases. Then came the era of adjournment by circulation of letter. It is amazing to see matters getting adjourned because pleadings are not complete even without circulation of letter. Not done in Supreme Court. Time of Clients traveling from far states, lodging and boarding in Delhi, Senior Advocate, Associate Advocate and Advocate on Record, is not without costs.
6. Alternate writing of Judgments by judges on the bench – Supreme Court sits in the bench of 2, 3, 5 or more judges. Every time a case is heard by Supreme Court a proceeding, order or judgment is delivered. Proceedings are dictated by the presiding pusine judge and are signed by the court masters. Orders are dictated by the presiding pusine judge but are signed by the judges. Judgments are delivered by the judges and are signed by them in open court. As a tradition, if the judgment were unanimous the judgements were written in the alternative. Meaning thereby that if two judges heard the case, each judge will write one judgement. In three judges’ bench, if three appeals are heard each judge will write one judgment and similarly in a constitutional bench if five different sets of appeals are heard each judge will write one of the unanimous or majority judgment and others will be signatory to it. It is amazing to see that the ratio between delivery of judgment of court and signatory of many judges is below 20%. Means that the judge has signed 80 judgments and written only 20 judges out of the 100 judgments of which the judge was a member.
7. Citation of SCR – Pursuant to the Law Reports Act, 1875, judges used to mark judgments as reportable and non-reportable. Official law reports were published under the aegis of courts and were alone cited and referred to in the judgements. For Supreme Court, the official Law Report was ‘Supreme Court Report – SCR’ and the judges insisted on citing the same only. However, the tradition got lost as judgments which were not reported in SCR were also cited in the judgments. Publication of SCR was also not able to keep pace with the publication of private law reports as approval of head notes of SCR had to be done by judge writing the judgments and the publication had to wait approval. However, the line between reportable and non-reportable judgment has now become non-existent as the Law Report Act 1875 was repealed in 2016. Incidentally the Law Report Act, 1875 in Pakistan prohibits any other publication of law reports by private publisher and imposes a penalty to Rs. 1,00,000 and imprisonment of 6 months in default thereof on such publication. With the inception of web and internet and direction issued by Delhi High Court to introduce neutral citation w.e.f. 17.10.2022, it is expected that only judgments published by official law reports using neutral citation will be cited by Supreme Court. Neutral citation has been implemented by Canada in 1999, UK in 2001 and by Australia, New Zealand, Hong Kong, Singapore etc. We are only about 20 plus years late.
8. Strict adherence to Cause List – Tentative, Daily, Weekly, Six monthly and Annual cause lists were published on regular basis. Till 1978, the tentative list was settled every Thursday by the Asst. Registrar in the Chief Justice Court, where Advocate on Records could get their matters listed. That was the first training ground for young Advocate on Records. Admission matters and Appeals were taken strictly based on the cause lists so published. It was possible for Advocate on Records to touch base their clients in advance and engage senior advocates. It was possible to see the cases going up the ladder and being taken up in due course of time. Matters are listed and taken up, but the scheduling has broken down. Matters come in between and matters get deleted. Time that the tradition is restored, and Advocate on Records and litigants know the queue they are in.
9. Seniors Fees Schedule – Fees of Senior Advocates, Advocate on Record and Associate Advocate was well structured under the Federal Court Rules 1937 and Supreme Court Rules 1950 and was linked to Taxation Schedule to the said Rules. If the matters were dismissed with costs, actual fees could be recovered accordingly. Seniors were charging Rs.1040 for admission and Rs. 1680 for final hearing. Advocate on Records were charging 1/3rd or 50% or 2/3rd of the Seniors fees. But the Fees of the Advocate on Record and Associate Advocate was always linked to the fees of the Senior. Rs. 1,040 was equivalent to 65 GMs (1 Gold Mohar = Rs.16) and Rs. 1680 was equivalent to 105 GMs. The fees could be quoted without the consent of the senior advocate. The only issue was availability of the senior, which was normally always there. This tradition broke down around 1978, when some senior started charging Rs.2,500 for admission and Rs. 3,500 for final hearing.The basic reason for breaking down of the tradition and the fees getting delinked from the Supreme Court Rules and costs being awarded without any basis was that someone in his great wisdom instead of linking the fees to the price of Gold, Silver or General Price Index reduced the Fees in the Taxation Schedule of Supreme Court Rules, 1966 to Rs.800 for Final Hearing for Senior Advocates and Rs.200 for Admission matters and was meaningless. Supreme Court Rules Taxation schedule was amended in 1990 making it 2400 and 800 and again in 2013 to 24,000 and 8,000. But this is far less than what is normally charged by Seniors, not to speak of special matters where the figure has reached Rs.1 Crore plus, per appearance and rightly so.
10. Attorney General and Government to stand on right side in the court, whether appearing as Petitioner or Respondent – In almost all courts, the Advocate for Petitioner or Appellant stands on the right and the Advocate for Defendant or Respondent stands on the left. Supreme Court never had any such practice. This tradition came into existence as the first chair on the front row in the court was reserved for Attorney General and he would address the court from there, whether he was appearing for Appellant or Respondent. The Government was always on the right side. The sitting arrangement in court had its deep root in the design of ‘Tree of Life’. As soon as the Attorney General walked in the Court room, he would occupy the said chair, even while waiting for his matter to be called. This tradition was lost over the years as the Attorney General accepted to sit on any chair that was available to him. This is one tradition which need to be restored
11. One leading advocate at a time – When one advocate was addressing the court, he would stand, and others would be sitting, whether instructing or waiting for their turn. Court will wait for all to sit down. However, with the increase in the number of advocates appearing in the same matter, involving multiple parties and PIL matters, it has become impossible for all the advocates in a matter to occupy the chairs and many advocates, continue to stand. Even if there are chairs, there are advocates standing in the front row. Something will have to be done to restructure sizes of the courts and provide sitting space for all those who are in the court. Hearing and observing Senior Advocates arguing is a treat and a great learning process. The aura and dignity of the court is when all are sitting and only one addressing. Several courts have only one podium for the addressing advocate in the middle. The advocate who has to make submissions moves to the center to address and walks back to the chair after addressing the court. This is one way to restore the dignity of court
12. Index of briefs by Registry and running page number – It is impossible to address the court if the page numbers of the judges brief and that of the advocate do not match. As a matter of tradition, the index was prepared by the Registry in running page numbers, even if there were different volumes. The Counter Affidavit, Rejoinder Affidavit and IA have all to be numbered, else it is impossible to address the Court and the only way is to have running numbers and proper indexing. Since the affidavits and documents are filed by advocates independently without reference to earlier page number, it is difficult to keep up with pagination. Time that some practice directions are issued, that the index be prepared and emailed to all Advocate on Records along with the Office Reports so that there is uniformity of briefs are maintained and there is ease in addressing the court.
Monday, August 29, 2022
73 Years Young High Court of Rajasthan
Roscoe Pound in ‘Justice according to Law’ brilliantly penned:
“We have always known that the judicial process does not at all times and in all places confirm absolutely and in all respects to our ideal of it. Despite all the checks with which we surround it, it does not come out in every case entirely as we could wish. But the striving for the ideal, I repeat, goes far to realize the ideal. It is the approximation to our ideal of it which is significant, not the falling short, which we seek continually to control and to reduce to a minimum”. (emphasis supplied)
Greater Rajasthan was formed on March 30, 1949 with Sawai Man Singh II as the Rajpramukh and Hiralal Shastri as the Chief Minister. On that date High Courts were functioning in five states – Jaipur, Jodhpur, Bikaner, Udaipur and Alwar. On August 29, 1949 Rajasthan High Court, Ordinance 1949 was notified and High Court of Rajasthan was inaugurated at Jodhpur by the Rajpramukh. Oath was administered to Justice K.K.Verma from Allahabad as Chief Justice of Rajasthan and the following 11 (eleven) Judges representing different states as judges of High Court of Rajasthan:
1. Justice Naval Kishore and Justice Amer Singh of Jasol from Jodhpur
2. Justice K.L. Bapna and Justice Mohd. Ibrahim from Jaipur
3. Justice J.S. Ranawat and Justice Shardul Singh Mehta from Udaipur
4. Justice Khem Chand Gupta from Kota
5. Justice Tirlochan Dutt from Bikaner
6. Justice D.S.Dave from Bundi
7. Justice K.K.Sharma from Bharatpur
8. Justice Anand Narain Kaul from Alwar
The principal seat of High Court was kept at Jodhpur and benches at Jaipur, Udaipur, Bikaner and Kota. Shri K.S.Hajela was appointed as the first Advocate General of Rajasthan.
On January 26, 1950 Constitution of India came into effect, Rajasthan was given the status of Class ‘B’ State and the strength of the judges was reduced to 6 (six). It was essential that the Judges must confirm to the eligibility provided under the Constitution. The result was that Hon’ble Chief Justice K.K.Verma, Justice Khem Chand Gupta, Justice Trilochan Dutta, Justice Sardool Sing Mehta retired on January 24, 1950 and Justice A. N. Kaul on March 3, 1950. Justice Naval Kishore was appointed as the acting Chief Justice and continued till January 1, 1951 when Justice K.N.Wanchoo from Allahabad was sworn in a Chief justice on January 2, 1951. Chief Justice K.N.Wanchoo continued as Chief Justice till August 10, 1958 when he was elevated as judge of Supreme Court of India. Justice K.N.Wanchoo completing a tenure of 7yy, 7mm, 12 dd, longest tenure by any Chief Justice of Rajasthan.
From May 22, 1950 benches at Bikaner, Kota and Udaipur were abolished, but Jaipur Bench continued to function. In the vacancy caused two eminent lawyers – Shri I.N.Modi (29.01.1953) from Jodhpur and Shri D.M.Bhandari (26.08.1955) from Jaipur were elevated to the Bench. Jaipur bench was abolished in 1958 and was re-established on 31.01.1977.
40 Chief Justices and 200 pusine Judges totaling to 240 judges have been elevated as judges of Rajasthan High Court. 53 of them have been from other High Courts. 8 Judges had two tenure either because of non confirmation and reappointment or transfer to other High Court and ghar waapasi. 23 Chief Justices and Judges have been elevated to Supreme Court, 8 of them having Rajasthan as their Permanent High Court (PHC) and one as Chief Justice of India.
Chief Justice Dipak Misra in his foreword to ‘Understanding Supreme Court Better – 151 Facts you need to know’ beautifully articulated:
“Information, sometimes is perceived as an unhealthy substitute for knowledge. On certain occasions, it is pointed out that knowledge is lost in information. Though these observations characterize and, in a way, distinctly compartmentalize between ‘knowledge’ and ‘information, yet a pregnant one, there are situations, places and institutions where information has the effect of potentiality to assume the position and platform of knowledge. However, it has to satisfy certain condition precedent i.e., precision, terminological exactitude and sincerity of effort...”
With its nobility, fairness, integrity and deep understanding the High Court has continued to reach the common man. Looking forward for many more glorious and wonderful years, delivering justice to all as we have the brightest and beautiful minds on the bench, relentlessly supported by a highly experienced, knowledgeable and skilled bar.
