'In course of interpreting statues and regulations, we must also account for the policy-concerns and the legislative intent behind them', the chief justice of India said.
Chief justice of India justice KG Balakrishnan today said that the Judges need to go beyond the plain reading of the statues and submissions of the counsels while deciding on difficult cases.
Balakrishnan speaking at the convocation of the Gujarat National Law University (GNLU) said, "In my career, an important lesson that I have learnt is that laws cannot be interpreted and applied in a mechanical and insulated manner."
"In course of interpreting statues and regulations, we must also account for the policy-concerns and the legislative intent behind them," he said.
The CJI further said that very often judges encounter situations that have neither been contemplated by the legislature nor discussed in judicial precedents.
"In order to decide such difficult cases, judges need to draw insight from a wide variety of sources, often going beyond the plain reading of the statutes and the submissions made by the counsels," justice Balakrishnan said.
The CJI also expressed concern over the conditions under which the law colleges and department function in the country.
"Most of our law colleges and departments are perennially cash-strapped and struggle to retain qualified and motivated law-teachers," Justice Balakrishnan said.
Balakrishnan said that some colleges also function in a very politicised environment, where serious academic pursuits often take a backseat.
"However, all these problems can be effectively solved with some initiatives and a sense of commitment," he said, adding that where there is good legal education there exists good judiciary.
Balakrishnan said that at present they were facing immense shortage of motivated and committed law-teachers.
"Even though measures have been taken much more needs to be done so that our best minds choose this line of work," he added.
According to the CJI, law students could play a vital role in spreading legal awareness among the disadvantaged sections of the society.
"By disseminating what they learn through legal services programmes, law students can actually be the agents of real social change," Balakrishnan said.
Gujarat High Court chief justice SJ Mukhopadhaya said that the role of law in civil society can't be underestimated.
"It is nothing but rule of morality, ethics and common sense codified together. In a democratic society, laws are collective will of the people expressed through legislature," Mukhopadhaya said.
As many as 151 students of the GNLU's first batch of five-year degree programme graduated today.
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