President Prathibha Devisingh Patil on Saturday expressed the view that rule of law can be achieved only by establishing a global economic order.
NEW DELHI: President Prathibha Devisingh Patil on Saturday expressed the view that rule of law can be achieved only by establishing a global economic order, combating international terrorism and reducing the cost of litigation, so that justice is available to every individual.
"Challenges to the rule of law also includes problems of international terrorism, a global economic order that does not have adequate representation in international financial institutions, weapons of mass destruction, transnational crimes, drugs, trafficking of individual and money laundering," she told an international conference of jurists here.
In India she said lawyers and jurists can contribute much more for achieving social justice by helping the needy who approach them.
The international conference on "Rule of Law" was organised at the Vigyan Bhavan jointly by International Council of Jurists, All India Bar Association and Indian Council of Jurists.
Pointing out that there is no clear jurist's definition of what the "rule of law" means internationally, Patil said the overall essence is that law should not be seen as unjust, inequitable, discriminatory and arbitrary.
"A democratic form of government must have its foundations on a rule of law that advocates the absence of arbitrary power, equality before law and protection of individual liberties," she said.
Concerned over the high expenditure of judicial remedy in the country, President Patil said that alternative dispute settlement system needs to be encouraged.
"In today's world, we need to focus on the real purpose of rule of law and structures of governance which is to uphold human dignity, encourage broad-based growth and development of accountable systems," she said.
She said that many parts of Asia and Africa are still facing drought, famine, disease and malnutrition.
The President called for simplifying court procedures to enable people gain access to it and maintained that quality of legal aid was of vital importance.
"The basic postulate of the rule of law that justice should not only be done, but it must also been seen to be done is a constant reminder of the high standards that must be maintained in delivering justice," Patil added.
Chief Justice of India K G Balakrishnan said that besides the judiciary, the other wings like legislature and executive have their own responsibility in protecting the rule of law and ensuring political justice to the people.
He also called for promoting "protective strategies" to counter fundamentalism, extremism and internal terrorism present in some parts of the country.
"There shall not be any deliberate attempt to deny protection of law to the citizens and they shall not be at the mercy of goondas or any elements who have no faith in the law or the legal systems. The moment we fail to protect the rights of the citizens, we fail as a state in the administrative set up," Balakrishnan observed.
Quoting the American jurist Hand, Chief Justice Balakrishnan observed, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, nor court can save it; no constitution, no law, no court can even do much to help it. While it lies there, it needs no constitution, no law, no court to save it."
Union Minister of State for Law K Venkatapathy said that without the rule of law, popular will can be easily corrupted by passions, emotions and short term irrationalities.
The ultimate goal of rule of law must be the attainment of liberty, equality, and justice to one and all.
The President presented the International Jurists Award-2007 to The Chief Justice of England and Wales, Lord Phillips; Justice Rosalyn Higgins, President, International Court of Justice; H R Bharadwaj, Union Minister for Law and Justice and Fernando Pombo, President International Bar Association.
Patil also gave away the National Law Day Award-2007 to P P Malhotra, Additional Solicitor General; H S Mattewal, Advocate General of Punjab; S Gopakumaran Nair, Chairman, Bar Council of India; S Prabhakaran, vice-chairman, All India Bar Association and Diljeet Titus, corporate lawyer.
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