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The Constitution (Seventy-Fourth) 32 Permanent Legal Services Clinic, Amendment Act, 1992; Protection and Room No NYAYA KIRAN VOLUME - II ISSUE - II APRIL - JUNE, 2008 DELHI LEGAL INDEX SERVICES AUTHORITY Page No. Patron – in – Chief Message By Smt. Renuka Chowdhury Hon’ble Mr. Justice A. P. Shah Hon’ble Minister of Women & Child Development Chief Justice, High Court of Delhi Message By Smt. Sheila Dikshit Executive Chairman Hon’ble Mr. Justice T. S. Thakur Hon’ble Chief Minister of Delhi Judge, High Court of Delhi Message By Shri Yudhbir Singh Dadwal Chairman, Delhi High Court Legal Commissioner of Police, Delhi Services Committee Hon’ble Mr. Justice Manmohan Sarin ARTICLE SECTION Judge, High Court of Delhi 1. Constitutional Underpinnings of a 1 Member Secretary Concordial Society Ms. Sangita Dhingra Sehgal - Hon’ble Mr. Justice M.N. Venkatachaliah Addl. District & Sessions Judge Former Chief Justice of India Address : Delhi Legal Services Authority, 2. Mediation : As a Technique for Alternative 19 Central Office, Pre-fab Building, Dispute Resolution System Patiala House Courts, - Ms. Kuljit Kaur New Delhi - 110 001. Head, Department of Law Tel. No. 23384638 Guru Nanak Dev University, Amritsar Fax No. 23387267, 23383014 3. The Constitution (Seventy-Fourth) 32 Permanent Legal Services Clinic, Amendment Act, 1992; Protection and Room No. 54 to 57, Promotion of Democracy (Local Self- Shaheed Bhagat Singh Place, Government), Rule of Law & Human Rights Gole Market, New Delhi. - Dr. J.S. Singh, Sr. Lecturer Tel. No. 23341111 Faculty of Law, University of Allahabad Fax No. 23342222 JUDGMENT SECTION Toll Free No. 12525 1. Case of Sampanis and Others v. Greece 63 Website : www.dlsa.nic.in (Decided on 05.06.08 by the European E-mail : [email protected] Court of Human Rights) Editorial Committee - Ms. G.M. Padma Priya Advocate, High Court of Delhi Chairman Hon’ble Mr. Justice T.S. Thakur 2. T.N. Godavaraman Thirumulpad v. 65 Judge, High Court of Delhi & Executive Union of India (UOI) and Ors. And Chairman, Delhi Legal Services Authority In Re: Vedanta Alumina Ltd. Member [Decided on 23.11.07 reported as Hon’ble Mr. Justice S.N. Dhingra (2008) 2 SCC 222] Judge, High Court of Delhi - Ms. G.M. Padma Priya Advocate, High Court of Delhi Member Hon’ble Dr. Justice S. Muralidhar POETRY SECTION Judge, High Court of Delhi 1. Baad-e-Saba 67 Editor-in-Chief - Shri Alok Agarwal, ACMM, Delhi Hon’ble Ms. Justice Hima Kohli Judge, High Court of Delhi FUNCTION REPORT 69 Editor PRESS CLIPPING SECTION 81 Ms. Sangita Dhingra Sehgal Member Secretary STATISTICAL INFORMATION SECTION 85 Delhi Legal Services Authority RENUKA CHOWDHURY Minister of State (Independent Charge) Ministry of Women & Child Development MESSAGE I am happy to learn that Delhi Legal Services Authority is going to publish its Newsletter “Nyaya Kiran” (April - June, 2008 Issue). The contents of the newsletter highlighting different activities of Delhi Legal Services Authority for the promotion of legal awareness among the masses will definitely ensure legal aid to all and more particularly to the weaker sections of the society. I convey my best wishes to the team of Delhi Legal Services Authority and wish them all success. (RENUKA CHOWDHURY) SHEILA DIKSHIT Chief Minister Govt. of NCT of Delhi MESSAGE It gives me immense pleasure to know that Delhi Legal Service Authority is bringing out next issue of its newsletter “Nyaya Kiran”. I do hope that the newsletter would highlight its activities to ensure Legal Aid to the weaker sections of the society and give an exhaustive account of various programmes organised for the promotion of Legal Awareness among the masses. My best wishes for successful publication of the newsletter. (SHEILA DIKSHIT) YUDHBIR SINGH DADWAL Commissioner of Police Delhi MESSAGE It is commendable that the Delhi Legal Services Authority is coming out with its next edition of newsletter “Nyaya Kiran” shortly. The yeoman service rendered by the Authority in providing free legal aid to the weaker sections of society is already common knowledge in the National Capital Territory of Delhi. The newsletter will go a long way in informing wider sections of people about the activities of the Authority. It is hoped that more and more people will come forward to seek their help. We in the Delhi Police are commited to extending every possible assistance to the Delhi Legal Services Authority in their efforts to serve the needy. I wish the publication a great success. (YUDHBIR SINGH DADWAL) Nyaya Kiran April-June, 2008 ARTICLE SECTION The 21st Dr. Kailashnath Katju Memorial Annual Lecture CONSTITUTIONAL UNDERPINNINGS OF A CONCORDIAL SOCIETY Hon’ble Mr. Justice M.N. Venkatachaliah* Dr. Kailashnath Katju: The Lawyer & Statesman It is given to very few to distinguish themselves in various fields of creative endeavor and leave their indelible impress on contemporary life and times. Dr. Kailash Nath Katju is one such rare pilgrim. Born in 1887, he obtained the Degree of Doctor of Laws of the Allahabad University in 1919. Basically and essentially a lawyer Dr. Katju was a multifaceted personality whose interests and abilities traveled far beyond the law. An erudite lawyer and a skilful advocate, he commanded a huge practice at Allahabad. He was known to argue first appeals with voluminous paper books just for 15 minutes on the point he was certain about and sit down, confident of success in spite of hours of arguing by the opposite counsel. As an extraordinary gifted advocate he picked up the essentials of the case and kept the non-essentials in their proper place. It is a mark of the most distinguished talent born out of supreme self-confidence. His forensic abilities were also utilized in the famous INA trial where he along with Bhulabhai Desai, Tej Bahadur Sapru and Jawaharlal Nehru amongst others defended the INA heroes. After the general elections under the Government of India Act, 1935 he became a Minister in the U.P. Provincial Government headed by Pandit Govind Allah Pant. It is said that on his first day as Minister the ICS Secretaries suspicious and skeptical about the abilities of the Indians and wanting to test and tease the new minister left a bundle of files on his table without any notings on them. They were to be seen and ordered by the Minister. But they did not realize that Dr. Katju was a busy and experienced Advocate for whom it was not a big task to wade through a *Former Chief Justice of India 1 Nyaya Kiran April-June, 2008 bunch of appeal papers running to hundreds of papers overnight and successfully argue the matter the next day. Dr. Katju went through the files placed before him, made his notings and passed clear and precise orders on each of them. They were all returned the same afternoon much to the astonishment of the Officers who felt ashamed. Such was the measure of the man who thereafter was a member of the Constituent Assembly, Governor of Orissa and West Bengal, Union Law Minister and then Union Home Minister succeeding Sardar Patel and Rajaji and thereafter Defence Minister. From 1957 to 1962 he was the Chief Minister of Madhya Pradesh. In all these positions he acquitted himself creditably. Lawyer, freedom fighter, administrator, statesman Katju’s place amongst the first rankers is secure. Many hands have toiled in building the edifice of free India. Dr. K.N. Katju’s contribution to this has been substantial and significant. There have been and still are many political personalities of high calibre and character. But then, the general run of the quality of human material in India’s public life is greatly disappointing. It is perhaps unfair to these lesser mortals to be held up to a comparison with great ones like Dr. Katju. After the death of Abraham Lincoln, a political commentator remarked “The era of giants is over. The political scene is peopled with Charlatans, quick-buck artistes and from the muddled mediocre to the dangerously deranged” to the contemporary scene in Indian public life apart from honorable exceptions, much different? I am indeed privileged to be here today to deliver the “Dr. Kailash Nath Katju Memorial Lecture”, and share with you some thoughts on the Constitutional underpinnings of a Concordial Society and the great principle of fraternity enshrined in the preamble to the constitution. II Constitution: Vehicle of Nation’s Progress The Constitution of a country is its supreme law and is regarded as the vehicle of a nation’s progress. The purpose of good government is to bring about the security, welfare and happiness of the people. Plato asks: “What do men organize themselves into society for?” and he answers: “To give the members of the society, all the members, and the best chance of realizing their best selves.” It is the very purpose of social 2 Nyaya Kiran April-June, 2008 organization. All ‘human beings incomplete in themselves seek their ordainment of fulfillment and destiny in the enriching human company and that institutions of democracy provides the richest and the most profound opportunities of that mutual enrichment’. When the Constitution makers, the leadership of Nehru, made Republicanism as one of the basic principles, it was described as the ‘biggest gamble in history’. In the fifties of the last Century western-press was greatly skeptical of India’s experiment with universal adult-franchise and of the survival of Indian democracy. But the American Time (13th August 2007) on the occasion of 60 years of Indian Independence, saluted Indian democracy though it was described as the biggest and rowdiest. Someone else had described it as ‘Robust’ though ‘Chaotic’. The product of the vision of the makers of the constitution represents a high watermark of consensus in our history. Consensus and accommodation form a significant and integral part of Indian culture and cornerstone of our constitutional democracy.
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