I have just closed my Yahoo chat window with one of my seniors and opened Firefox browser to write this post. Disclaimer to the post:  The views expressed here are not mine and plagiarized. I wish that i should have been writing this post after my own mind boggling over the points discussed but because of my week long travel to Mumbai, its not possible, and thus i’ll be posting now in crude form.

In this India shining ad blitz, we rank India’s limped legislature as the biggest blockade to us. There are many quandaries at place, like age old geographical constrained relationship with neighbors, perpetuating population, pollution, growing sectoral divide and many! But when it comes to Judiciary, we are in general, opinion-less.Neither good or bad.  Why ? Because, it has never threatened us and Supreme Court in most of the cases, has been savior of us from govt. whimsical clutches.  And lower courts don’t enjoy that reputation. And as far as things like sluggish decision handling of the process is concerned, we have grown indifferent. It has been accepted as fact that a murder trial will take atleast 10-15 years and an average theft or scam may take more than 25-30 years (Remember Bofors ???)

But this senior of mine has a different opinion to make.

While discussing the main concerns of China, an eminent economist marked, its mainly the ecology and environment concern. It was something less apprehended, for people generally see the autocratic government as the main obstacle to China’s growth. In the same way, when we talk about India, its our procrastinated democracy that occupies first eye. We may write that Democracy demoralizes. A coalition government is the worst form of political practice that any developing country can have. Even the most honest PM and FM have to bow themselves to the populist demands. But in our belief, this corrupt nature of government comes later. Its mainly the lack of sound prosecution (Police) and Judicial System that needs instantaneous reforms.

Why ?

In our constitution, the role of Judiciary is such that it can keep a check on the govt’s autocratic measures. And our supreme court is fairly justifying its role. Perhaps thats the only institution, where people still have faith and trust. But when we talk the same about the lower courts then the situation is reverse. The process at the lower courts move at snail’s pace, millions of cases are pending, people are dying in jails before having fair trial, you can’t move your file from one Babu to another without paying bribes.

We need a forum for redressal of our fundamental right, where people in our villages can complain about the extortions demanded by local policeman or where they can seek help against the wrong practices followed in distribution process by the patwari. When that forum is absent or is limbed then people follow the other easier way and that is to pay bribes. This bribe paying syndrome has been spread unanimously all over India, where people themselves hand over Rs. 200 to the policeman when it comes to Passport enquiry. The rates are fixed and are demanded with right.

We need speed courts at first hand. I demand right of speed trials and its our fundamental right. We are facing travesty of justice and unless we improve on implementation and observance of law, we can’t move to next level of human development. We need a revamp of judiciary at the lower level. We need good communication infrastructure and to allure the best brains to take law as profession.  Lower courts do a mockery of judgments. There are many instances when High Court rejects the decision of Lower court and Supreme court further reverses the decision of High Court. I am not against the right of appeal to Individuals, but such instances result in the erosion of faith of common people towards lower courts.

And where does the solution lie ? Capitalism !!! [:)]

I would like to have billion dollar law firms like Clifford Chance LLP, Jones Day etc in India. Only capitalism can give jolt to this system. We need firms who pay our fresher grads a package of Rs. 15-20 lacs  year and thus attract the best brains. I propose atleast 5 laws schools to be built all over nation of the stature of IITs/IIMs. I want this sector to get opened up for 100% FDI.  What’s the reputation that is being enjoyed by district judge?

Presently, none of the big law firms will wish to set up themselves in India, because they can’t offer the quality of services needed. If a murder trial lasts for 14 years then payback period will be around 15 years, and the firm can’t ensure the quality of service for this long time and can’t add the value substantially.

But there is some activity going at Patent law and  Corporate law. A committee is being formed under one of the most respected scientists of the nation, Prof. Mashelkar. But again, things went wrong when he proposes some of the reforms which make the popular generic drug expensive and he has to take his report back. But again, there is hope that govt and industry want reforms to take place here and they may come in next couple of years.

India has immense potential for the organized law firms and we should be having some activity in the coming years. For example, just take the case of Ranbaxy. Its one of the biggest pharma company in India. They spend around 5% of their revenue on legal issues. Imagine 5% ! When one company is spending this much, then imagine about the whole sector. And where did they spend this money ? They spend this money to fight legal issues in dynamics of generic drug market in US. This is another interesting aspect. The US market is divided into two broad categories, one prescription branded drug and other generic drug. The prescription branded drugs are controlled by biggies like Bayer etc where they spend around billion dollars for R&D, just to come out with an unique formula and they get the exclusive right over that for next 5-6 years such that the drug becomes generic after that with few legal implications. Now, a company like Ranbaxy plays in that market only. Ranbaxy has rarely produced any drug of its own, but it counts heavily on the R&D of others and thus have to spend on lawyers fighting their case.

So may i write that what others are doing by spending on R&D, Ranbaxy is doing the same job by spending on legal battle. If legal firms make their strong presence in India, we have many such clients in their kitties ready. But the only point is that sector should be organized. Where there should be institution of global stature which can be head-to-head to government and can confirm the reforms in the Judicial sector.