Indian legal system facing unique challenges, needs fixing: CJI Gavai

Noting that the Indian legal system faced unique challenges and delays in trials could sometimes go on for decades, Chief Justice of India BR Gavai on Saturday said it’s in bad need of fixing.

Delivering the convocation address at Nalsar University of Law, Hyderabad, Justice Gavai said, “Our country and our legal system are facing unique challenges. Delays in trials can sometimes go for decades. We have seen cases where someone has been found innocent, after spending years in jail as an undertrial. Our best talent can help us resolve the problems that we are facing.”

Quoting from “Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of Our Broken Legal System”, a book by Jed S. Rakoff, a senior federal district judge in the United States, the CJI said, “Even though I conclude that our legal system is in bad need of fixing, I remain cautiously optimistic that my fellow (citizens) will rise to the challenge.”

Noting that the pressure to pursue a master’s degree abroad has become a symbol, a brand and a passport to validation, he advised law students to go abroad for studies on scholarships and avoid putting pressure on family finances.

“If you wish to go—go. It broadens your horizons. It teaches you how the world thinks. But please, go with scholarship and funding. Go with purpose. Not pressure. I see young graduates or lawyers taking loans of 50 to 70 lakhs for this. Do not put yourself or your family under the burden of loans amounting to 50–70 lakhs just for a foreign degree. A foreign degree alone is not a stamp of your worth.

“Don’t take this decision in a reflex of thought or under peer pressure. What happens next? Years of debt, anxiety … career decisions made under financial burden. Do not mistake urgency for progress,” the CJI advised fresh law graduates.

Maintaining that Rs 50-70 lakhs is a big amount, he said, “In fact, a small portion of it can be used as an investment to start your independent practice or build a chamber. And later, when you are stable, go abroad for studies. There is no age bar to learn. Go abroad not to escape, but to expand.”

“Let me offer you my final words of advice, not as a Chief Guest, but as a guardian. Never ignore the five things in life: friends and family, books, hobbies, health, and imagination,” he said.

The CJI also advised them to take care of their mental health. “This profession can be isolating and emotionally taxing. The hours are long, the expectations high … the culture, sometimes ruthless. You will feel pressure not just to succeed but to appear successful. Many hide their struggles. I urge you not to. Find your community.

“As celebrated author, Bell Hooks wrote, “Rarely, if ever, are any of us healed in isolation. Healing is an act of communion.” So, I urge you: Share your fears,” Justice Gavai said.

Telangana Chief Minister A Revanth Reddy and Supreme Court Judge PS Narasimha, Telangana High Court Acting Chief Justice Sujoy Paul, lawyers, law teachers and a large number of students attended the ceremony.