Once a Justice Always a Justice ?

(By T.P. Kelu Nambiar, Senior Advocate, Ernakulam)

English Judges were supposed to owe more loyalty to abstract principles of justice than to the Sovereign who appointed them. (Encyclopedia Americana). Thus came the prefixal appellation 'Justice' to English Judges.

The word "justice" may be used interchangeably with "judge". It is a word of broader signification also, and it is broad enough to include the judge of any court in the State. As used in statutes (English and American), the term is generally construed as the equivalent of a "justice of the peace". The term 'police justice' is used to designate a Magistrate charged exclusively with the duties incident to the common law office of a conservator or justice of the peace. (Corpus Juris Secundum)

By force of constitutional or statutory provision, the period of service of Judges may compulsorily terminate after they have attained a certain age.

According to Corpus Juris Secundum, Judges are not courts; Judges exercise the power vested in courts as such, and not in them as officers qua officers, that is to say, the jurisdiction is vested in the court, not in the Judge, however composed, whether of one Judge or several. The authority and powers of the Judge are incident to, and grow out of, the jurisdiction of the court itself. Whenever a Judge is present at the time and place designated by law for the transaction of judicial business, his acts may be considered as the acts of the court of which he is Judge. An act required to be performed by a Judge may be lawfully performed by him sitting as a court. In India, the Judge has no authority to perform judicial functions after expiration of his term of office. Therefore, as the word 'justice' is interchangeable with Judge, when an Indian Judge ceases to be Judge, he ceases to be a 'justice'.

Judges of the Supreme Court or the High Courts, in India, could seek other employment, or could engage themselves in legal practice, after retirement, unlike in England and in the United States, where originally the appointments were practically for life. Therefore the question of seeking another appointment after retirement did not arise. On 7th June 1949, Dr. B.R. Ambedkar said, in the Constituent Assembly: "It must also be remembered that in the United States practically an office in the Supreme Court is a life tenure so that the question of a person seeking another office after retirement can very seldom arise either in the United States or in Great Britain." In England, even after the retirement age was fixed, retired Judges are called to sit in Court when there is paucity of Judges. That means, there a Judge is always a 'justice' once he is appointed a 'justice'.

A retired Indian Judge could seek other job, or practice law. He can never use the prefix 'Justice' after retirement.

English Judges are not required to retire until the age of 75 (or 72), and are sometimes invited to remain on the Bench after retirement. Retired Judges are also, as already mentioned, occasionally called to sit on Bench, and they do so. Retired English Judges, unlike their counter-part in India, do not resume legal practice.

David Pannick has noted: Vice-Chancellor Bacon was retired at the age of 88 in 1886. At the age of 92, Lord Halsbury sat in a case heard by the Appellate Committee of the House of Lords in 1916. Lord Denning was appointed to the Bench prior to 1959; so he was not bound by the compulsory retirement age introduced in that year. He resigned as Master of the Rolls in 1982 at the age of 83. Oliver Wendell Holmes sat on the U.S. Supreme Court until after the age of 90. Salathiel Lovell was on the verge of 90 years of age when appointed a Baron of the Court of Exchequer in 1708. He sat for the next five years.

So they continued to be 'justice' once appointed 'justice'.

I know the case of a retired (Indian) Judge of the High Court putting up his residential building, (after retirement), and fixing a name-plate, prefixing "Justice" to his name. Retired Judges practising in the Supreme Court call themselves 'Justice' so-and-so. I know retired Judges booking their travel berths for 'Mr. Justice' so-and-so. It is difficult in these days, in certain circumstances, to know who is the sitting 'justice', and who is the quitted 'justice'; who is the current Judge and who is the quondam Judge.

Sri. V.R. Krishna Iyer, who was not just another Judge, never calls himself Justice V.R. Krishna Iyer. His headed writing paper shows: 'V.R. Krishna Iyer, Former Judge, Supreme Court'. Sri. M.S. Menon & Sri. V.R Gopalan Nambiar call themselves as 'Retired Chief Justice'. But a large majority of retired Judges use headed writing paper prefixing 'Justice" to their names.

All in all, I venture to emphasise the point, and this is the nub, that in India once a justice is not always a justice. I make an unsubsidised demand that retired Judges shall not use the prefix 'Justice' to their names. I know of Professor Emeritus, Arch¬bishop Emeritus, Lawyer Emeritus, but not Justice Emeritus.

Tailpiece: Some to the fascination of a name surrender judgment hoodwinked:

                                                                                                                                      - William Cowper

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Marriage - A Spell Bind or Hell Bind

(By V.K. Babuprakash, Judicial First Class Magistrate, Kaunagappally)

The Criminal Courts in Kerala are in a flux as they are flood gated by the Matrimonial offences punishable under S.498(A) IPC. The recent statistical ratio published by the Government tell the tale that matrimonial offences are at a heightening scale. Though one hundred percentage of literacy had been achieved by us along with the tidal movements of women libs organisations, social strata is still filled with the shadow of matrimonial cruelty. We are an ashamed class who once had killed the untouchability demon, class and caste segregation, nevertheless, we have precipitated a new segment of social stigma, in the form of matrimonial cruelty. Society is slowly legalising the concept of dowry in the dark side of matrimonial negotiations and the Dowry Prohibition Act could do only little in the matter as nobody comes up to question the dowry concept in the day light. The reason detre is the sponge like desire and demand of young fellows coupled with the status oriented thinking process of the parents, make way for this kind of social atrocity. It is equally alarming amongst poor, middle and upper middle class sectors of the society. Every young man who is ambitious is very much on the thrust to grab as much dowry and ornaments as he could according to his job status and other things. He day dreams to have a colourful matrimonial life with the dowry money ransomed from his wife's parents. When once fell into the spell of dowry money and its temptations the desire magic does not stop there. Just like the old Chinese proverb "Desire is like the waves of an ocean the one you find, next comes another more mightly chasing the other", the fellow will be avalanched by desire one after another. If the desire is expressed through the four corners of the bed room of the matrimonial home to the wife, probably the woman could not resist it point black. She will think about it in a trance and anguish as to pass it on to her parents as well as their capacity to meet it. If she cannot convey the desire demand and equally the parents cannot meet the same, there starts the trigger head of cat talks, curses and brow-beating from the man's side. Thus, small re-sentiments, communication gaps and the usual wear and tear will be precipitated one way or other digging the gap into deep pits by which each of the spouse gets away from the other. Parents also contribute much to give strong or soft thuds upon the wall of the edifice of marriage which results in shaking the foundation. Modern parents are teaching less the children about the lessons of patience, virtue of simplicity, perseverance and other qualities of life. Those are olden times and now-a-days everybody wants to watch the cable TV and its distorted serial programmes. Slowly media culture eats away the traditional culture which was there in the blood and nerve of society and sure we have to pay for the peril. The outcomes of such like culture are the offences under Ss.498(A) and 304(B) IPC.

Marriage is a discipline of humanity told long ago by Francis Bacon. Ever before that from the commencement of Rig Veda marriage was a well established institution. It was Svethakethu, the son of Uddalaka, established marriage as an institution among Aryans. (Mahabharatha - Adi Parva - Chapter-122). The same was with Greeks and Romans who established the concept of city states from the concept of family. When time began to run by, marriage not only has become a Biological concept but it paved the concept of economic security also equally. As a result in cases wherein economic instability ruled the family, emotional disorder, disenchantment and disillusionment started to disintegrate the spouses. In situations such like, the women had to suffer a lot as they much depend upon the male for economic needs. Bertrand Russel, the famous thinker and writer had exalted in his essay 'Ideas that have harmed mankind' that what mankind had cherished over civilizations of antiquity is the male domination. It made the marriage one of master and slave instead of one between equal partners. It made it unnecessary for a man to please and understand his wife. Russel condemned an old rhyme which sang as follows "A dog, a wife and a walnut tree, the more you beat them, the better they be". Indian culture learns the woman to keep silence about matrimonial cruelties. As divorce is not easy and that chances of remarriage of a divorced woman is more hopeless in the social plateau, women used to suffer a lot keeping the lid of the mind shut. But the legislature was not unmindful about the matrimonial calamities which tend to give unfavourable living conditions to women. So much so during 1983 and 1986 Parliament enacted two major sections in the Indian Penal Code which made a swept in the Social Strata. It is the passing out of S. 498(A) and 304(B) IPC with a presumptive clause of 113B in the Indian Evidence Act. The enactment was so far so good for some time. Slowly women began to exercise their right indemnified by the enactment cases of matrimonial cruelty began to reach-out at the threshold of Criminal Courts. As time went by women began to feel an upper hand due to the rigour of the enactment which made the offences non bailable with a beeline of presumption to underscore it, flood gates of cases began to wave in the Courts. Though many of them are not matrimonial cruelty connected with dowry demand or such like, nevertheless all of them were disguised under the garb of matrimonial cruelty ensconced under S.498(A) IPC. Thus the husbands became sheeps in the shamble.

Cruelty, the expression used in S.498(A) IPC has been given a wide meaning by the Supreme Court in the decision Narayana v. Sridevi reported in AIR 1990 Kerala page 151. "Any harassment of the women with a view to coerce her to meet any unlawful demand for any property or any valuable security also is cruelty." Lord Denning in Sheldan v. Sheldan held that "Cruelty cannot be exhibited and defined in a particular manner in a particular way of acts. The economic and social conditions play a vital role in assimilating the degree of cruelty. The culture and human value of the spouses have to be considered". In a decision rendered in AIR 1985 Delhi at page 76 the Delhi High Court held that "ordinary wear and tear of married life does not amount to cruelty or harassment". So the various High Courts and Apex Court carefully drew the margin line to treat the matrimonial cruelty with other kind of sentimental break down. The task is heavy like swifting the chauff from the grain.

If the society does not wake up from its lethargic black out the matrimonial relationship will become a hell-bind than a spell-bind. One has to have a nostalgic look upon the narration of Jane Austin in her classic Book 'Pride and Prejudice' about the description of her husband by the heroine "She began now to comprehend that he was exactly the man, who in disposition and talents, would most suit her. His understanding and temper, though unlike her own, would have answered all her wishes. It was an union that must have been to the advantage of both." Perceiving the above anecdote, one is quite sure, it does not fit in the kind of spouse the modern marriage visualises about. To conclude, are we thumbing up the saying of Edmund Burke that "Marriage is a confinement and we get reprieve at times" than that of St. Augustine "Marriage is as old as world and as new as moments"?.

"Hartal or Hurt All?" - A Daniel Come to Judgment

(By S. Parameswaran, Advocate, High Court of Kerala)

1. "The life of the law has not been logic, it has been experience. The law embodies the story of a nation's development through many centuries, and, it shall not be dealt with as though it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become" - (Oliver Wendell Holmes, The Common Law, 1881).

2. The above prophetic words of the illustrious U.S. Justice come rushing to my mind when I sit down to pen these lines.

3. The theme of the judgments of the courts is both a mirror and a motor, reflecting the development of the society which it serves and helping to move that society in the direction of the dominant jurisprudence of the day. War, according to the famous aphorism, is too important a matter to be left to the Generals. The question of social injury, inconvenience and nuisance caused by self-styled public men, namely, politicians, is, similarly, too significant in a State like ours to be left to the politicians or the powers that be. This is particularly true of the historical functioning of the highest Tribunal in the State.

4. For the intellectually fastidious, Law seems disconcertinghly hap-hazard in the making. No one can begin to understand our alleged system until he digests this seemingly obvious fact. The businesses of the Courts is not planned; it occurs, and its principles are developed at the point of application. Our law has been created by the tread of feet that did not necessarily know where they were going until they get there.

5. Judicial intrepidity, integrity and independence constitute the whole arch of judicial power of the Supreme Court and the High Courts which have to play its part in the unfolding drama of the new nation's development. The actual scenario would, however, depend upon the personnel of the Courts and the manner in which they perform their awesome constitutional roles.

6. To borrow the prefatory observations of the famous American scholar (in his famous book) "Bernard Schwartz. ((Oxford University) (1993) Press, New York) A History of the Supreme Court-

"Human History, says H.G. Wells, is in essence a history of ideas. To an American interested in constitutional history, the great theme in the country's development is the idea of law as a check upon governmental power. The institution that best embodies this idea is the United States Supreme Court. But the court itself is the beneficiary of a constitutional heritage that started centuries earlier in England."

7. If conflict is the root of the law, it is concept that causes it to grow and flourish. When all that we have known and done is buried beneath the debris of time, what may be remembered most about is our legal system. Nothing like it has been ever seen before on this planet, so far as I know. It is distinguished more than anything else by its breath-taking generosity to the individual. Luckly, though largely because of accidents of geography and history, the battles that have shaped our law have been waged in environmental that allowed decency and dignity to survive and even to prevail.

8. I have deliberately prefaced as above my impartial, though critical, appraisal and assessment of the Kerala High Court's Hartal decision as readers will realise while they read along.

9. The landmark decision rendered by the Division Bench comprising Justices P.K. Balasubramanyan and Mohammed Shafi in the Hartal case ((2000) 2 KLT - Kerala Vyapari Vyavasayi Ekopana Samithy v. State of Kerala) did not come a day too late. Piercing the veil of the facade of Hartal and seeing through the game, the Division Bench rightly held that forced Hartal is unconstitutional. Ever since the Kerala High Court decided the Bundh case ((Bharathkumar K. Palicha v. State of Kerala & Ors. (1997 (2) KLJ 1 (FB)) our unscrupulous politicians and trade union leaders have been resorting to bundhs by proxy euphemistically calling them Hartal (or hurt all?) and strikes like the one held a few weeks ago. It is unfortunate, yet true, that even a Hartal called a couple of months ago by the so called CPI (ML), a ninecompoop political outfit, was "successful", thanks to the instinct of fear created in the minds of the peace-loving, law-abiding common men by threats and intimidation by the organizers.

10. Several months ago, when the Hartal petitions came up before the Bench, headed by Justice P.K. Balasubramanyan, no effective interim order were passed, thereby paving the way for a relentless succession of Hartals or strikes in this "God's own country", which destablized the State administration, sent normal life out of rail and brought productive activities to a stand-still. This was because the Division Bench tamely accepted the undertaking given by the Advocate General of the State to the Court that effective steps for preventing force and untoward incidents would be taken by the Government. The assurances were of no avail as subsequent events proved. Anxious law-abiding and sensitized Keralites like this writer even wondered then whether the court had developed cold feet against the clenched fist of the Administration or the poor apology that goes by its name in Kerala.

11. The common man in the State has far too long been allowed to be held to ransom by these unscrupulous, self-styled leaders who, or their followers, unleashed an organized orgy of violence and vandalism to compel the people to keep indoor during the so called "popular agitation". The reports show that the Division Bench has rejected - and very rightly - the lame excuse put forward by the Election Commission for not taking action, probably for fear of the politicians (not surprising, when even the terrorizing Seshan who claimed to be a watch-dog of the Constitution degenerated into a lapdog of the politicians). The High Court rightly pointed out that the Commission has enough teeth and claws to keep the deviant politicians in place.

12. Yet another laudable aspect of the Bench decision is its holding that those who called for Hartal would be liable for the damages caused to public property, and stressed the responsibility of the State and its officials to move in that direction employing its power including those under the Prevention of Damage to Public Property Act, 1984.

13. Senior Judge P.K. Balasubramanyan is essentially a preeminent advocate of the doctrine of judicial restrain, though believing profoundly that progressive outlook can have no place in judging because to let it in produces a rule of men, not rule of laws. This writer has often been tempted to say that he is a hard-core conservative a-la Chief Justice Rehnquist of the U.S. Supreme Court who shuts and shuns all winds of progressivism. The interim order in the Hartal case by Justice Balasubramanyan on behalf of the Division Bench so dampened all hopes of judicial activism that I wrote a critical comment on it entitled "Cold Feet or Cloistered Virtue?" (2000 Madras Law Journal, Journal page 1). His adherence to the doctrine of judicial restraint created the illusion among discerning students and critics of law alike that the learned Judge had undergone a profound reactionary metamorphosis and he took almost a masochist pleasure in ruling contrary to the most powerful librarian beliefs.

14.But, refreshingly enough, the Bandh judgment ((Bharatkumar v. State of Kerala 1997 (2) KLJ 1) and the present Hartal judgment ((2000) (2) KLT 430) featured Justice P.K. Balasubramanyan, the Judge, at war with P.K. Balasubramanyan, the man - a painful conflict indeed. Quite surprisingly - shall I add happily? - his former conservative constituencies may be horrified, denouncing the Hartal opinion as a carrying of against-his-grain judicial activism to the leval of blasphemy. To the learned Judge, perhaps, it was simply a matter of what his conscience dictated to him. While doing so, he might not have been unaware of Justice Frankfurter's statement to his outraged friends "Judges move within a framework of duty very different from that in which you happily are free to move" (quoted by Alfred M. Knight in "The Life of the Law" (Published by Crown Publishers Inc. ((1980) P. 220)).

15. This writer, however, feels that the Kerala High Court could have gone a step further. The areas of monetary compensation to victims of illegal acts and the initiation of Contempt of Court proceedings by the Hon'ble Supreme Court and the High Courts suo motu invoking the provisions of the Constitution appear to have escaped the notice of the Bench.

16. As stated earlier, in a landmark judgment delivered in the Bandh case (Bharatkumar K. Palicha and Ann v. State of Kerala and Anr. 1997 (2) KLJ 1) by a Full Bench, the Kerala High Court had declared bundhs illegal and unconstitutional, as calling for bandh entails the restriction of free movement of the citizens and the carrying on of his avocation and no political party has right to call for a bundh on the plea that it is part of its fundamental right of freedom of expression. This widely hailed decision was affirmed by the Supreme Court in appeal. (Communist Party of India (M) v. Bharatkumar and Ors. AIR 1998 SC 184).

17. Moreover, strike is defined in S.2(q) of the Industrial Disputes Act as "a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment". Under S.22(1) of the Act, a strike has to be preceded by a notice of six weeks to be followed by conciliation proceedings. Moreover, the issue of wages or working conditions of workers is not involved in the present case. Lightning strikes and strikes other than for the statutorily stipulated purposes clearly amount to infringement of the Fundamental Rights to avocation and business guaranteed to the citizens under Article 19(1) of the Constitution of India.

18. Thousands of Keralites, who are non-political, or apolitical and who do not share the views of the sponsors of the strike or the hartal or are at least impartial, could not lead their normal life guaranteed under the Constitution. By having been held to ransom and forced to remain indoors, they were put to irreparable loss, injury and hardship. Tortious liability can be fastened under law on the perpetrators of hartal and strikes on the common man.

19. The Patna High Court has held in State of Bihar v. V.R.S. Kumari (AIR 1954 Pat. 513) that in the light of the provisions under O. XXXIX R. 2(3) (now R. 2A( 1)) of the CPC read with S. 176 of the Government of India Act, 1935 the State can be_ hauled up for contempt. The English doctrine, "The King can do no wrong" is not applicable to India. By its indiscreet and intentional silence, the State Government of Kerala can at least be held to have aided and abetted the commission of contempt of Court by the political and trade union leaders who virtually forced a bundh euphemistically called strike, on the people of Kerala. From earliest times, Governmental liability in contract or tort has not been derived in India. In so far as the discharge of no sovereign function is involved, action can lie against the State in appropriate cases. In the light of Art.300 of the Constitution also, it is preposterous to contend that should the Government disobey a Court order willfully, it can get away without having to face contempt proceedings. If punishment of detention in person is not possible, attachment of Government's property is feasible. No organ of Government can show disrespect to courts of justice as Government exists by the Rule of Law and if the Rule of law is flouted by the State itself, it is, indeed, a very sad state of affairs. It is of the essence of the Rule of Law that every Authority within the State, including the Executive Government, should consider itself bound by, and obey, the law. If disobedience, whether by Government or politicians or the generality of the public, could go unchecked, it would result in orders of court ceasing to have any meaning and the judicial power itself being reduced to a mockery.

20. As was observed in a different context by the Madras High Court, a High Court is not concerned with the quality or character of any legal advice upon which any party may choose to act and this includes the State, whether it is a constituent State of the Union of India or the Union Government itself. Further, it is well known, the High Court is no respecter of persons and the Rule of Law implies that the law has to be applied equally not only between citizens and citizens, but also as between the citizens and the State" (1969 Mad. L.W. (Crl.) 25).

21. The Madras High Court has held in Yejnanarayaniah, In Re (191A MLJ 155) that no limitation has been imposed on Art.215 of the Constitution of India that in cases of civil contempt, the High Court cannot take action suo motu, for, it is easy to conceive of a case when no party may care to come forward to move the court for initiating contempt of court proceedings, but, the court may consider it necessary and expedient to initiate action suo moto. The Law of Contempt is based on a sound public policy by punishing any conduct which shakes the public confidence in the administration of justice. What amounts to contempt is for the High Court or the Supreme Court to determine as a Court of Record and the definition of 'contempt' in S.2 of the Contempt of Courts Act, 1971 can at best operate as a guide for such determination. By openly calling for, and enforcing on the people of Kerala, not to say India, a bundh under the guise of a hartal or a strike, the Trade Unions and political leaders of the Left have undoubtedly committed contempt and it is open to the Hon'ble High Court as a court of record to initiate contempt action suo moto against the persons involved. With respect, one hopes that it will not develop cold feet or consider keeping silence a cloistered virtue.

22. As far as the people affected by the strike are concerned, exploration can be made to see whether monetary compensation can be claimed and recovered through law suits. We have examples as in the case of the trials and tribulations undergone by the minority Sikh Community and a few others in the wake of the assassination of the Indira Gandhi in October, 1984. In a public interest litigation (R. Gandhi v. Union of India AIR 1989 Mad. 205) the Madras High Court held that the victims were entitled to reasonable compensation and slapped on the Government an order fixing fiscal liability. There are several other instances, a couple of which may be stated.

23. The Supreme Court has innovated the right of citizens to receive compensation for damages caused due to administrative cause by laying down the law in Rudul Shah's case (AIR 1983 SC 1086). In that case, it was dealing with an illegal detention, while in another case for the harassment of a pensioner by the Authorities it awarded exemplary costs as compensation.(Devaki Nandan Prasad v. State of Bihar) (AIR 1983 SC 1134).

24. The generality of the public in the State deserves protection of their rights and interests against the politician's naked invasion of it and intrusion into it. They look up to the helping hand of the judiciary in society against abuse and misuse of power and the law of the jungle and muscle power and money power and mafia power with the overt or covert support of the political big-wigs of the State.

25. Shall we hope that the powers-that-be and the politicians will help restore the hailed status of the State of Kerala as "God's Own Country" or at least prevent its slide into a nightmarish "Devil's Own Country"?.

Master of None

(By R.P. Remesan, Advocate, Kannur)

When the term globalization becomes meaningful the term specialization also must be true and effective. Hierarchy of the global village prefers more experience and skill from the individual. When a person achieves knowledge in many subjects at a time he will be a master of none. Specialisation is not a new thing. When a matter is divided into two or more, the person chooses one and ignores the other for the sake of completion or perfection. Our experience teaches us that every matter has its own divisions and entity. The we find that every piece has its own existence and life. Maybe at this juncture off shots have grown up from the main menu.

The geography which tells us about the earth science has been divided into Geology. Topography, Physical Geography, Economic Geography, Political Geography, Geopolitics, Physiography, Cartography etcBiology is divided into Botany, Zoology, Physiology, Genetics, Ecology, Microbiology, Molecular Biology, Embryology. Biochemistry, Marine Biology, Biotechnology, Biostatistics, Bioengineering, Biomathematics etc. It is also our experience that people are mastering particular subjects. So in effect a master in Biology or Geography is not available but one may be a master in any one of its above noted branches.

The dictionary meaning of Engineering is planning, designing, construction, or management of machinery, roads, bridges, buildings, etc. An Engineer is a person skilled or occupied in some branch of engineering. A glance at the branches may show mining, civil, metallurgical, geological, atomic, nuclear, architectural, chemical, construction, stationary, military, naval, flight, pneumatic, hydraulic, marine, electronic, communications, electrical, mechanical, acoustic, design, manufacturing, industrial etc. included in it. So the Engineers are born out after specialising these individual subjects. Take the case of doctors. As we know all teeth are of same type even if we name it as incisor, canine, cuspid, bicuspid, premolar, molar etc. The only difference is in its shape. But the dentists are of various kinds. They are dental surgeon, oral surgeon, maxillofacial surgeon, extractionist, dental diagnostician, orthodontist, prosthodontist, periodontist, exodontist, endodontist, pedodontist, radiodontist, general dentist, cosmetic dentist, pediatric dentist etc. Each and every human organ has such sub divisions. Why should we confine to organs! Take the case of the mind. Psychologists and psychiatrists are the two chief types among the 'mind doctors'.

Now turn to lawyers. The branches of law are infinitive. It can be divided into many groups ie., civil, criminal,.consumer, labour, insurance tax etc. But there is no such classification or specialisation among the lawyers. From the law college a student can opt a subject as his choice but on completion he may not be awarded any special degree to that effect. So a student who chooses Labour, Constitution or Tax as his special subject comes forward without any bearing on his special studies. So no one will be benefitted.

Many of the lawyers confine to the special category of law and courts. But the litigant public are unaware of the fact. When a lawyer confines to the criminal courts he may not be much interested to be in the civil court or cannot be a scholar in civil law. Often he may send his clients when they approach him with a civil matter, to another for appearing for him in the civil courts. One who reserves his practice in the labour law may not be qualified to be a criminal lawyer. So usually he also recommends some other lawyer to deal with such cases if his clients ask for it. On the contrary if a lawyer who has never appeared before the labour court comes with a case without considering his skill in the labour law, his client may suffer even if he is a competent criminal or civil lawyer. It is not possible for a client [layman] to know the failure of his case is due to the incapability of his lawyer. In such a situation can we find fault with the client for preferring a lawyer who has no experience in a particular branch of law?

Before giving an answer to the above question, it is better to see the mode of engaging a lawyer by a client. When a person receives a summons under Abkari Act, Explosive Substance Act or under any statute he has every right to know who the lawyers practicing on the said branches of law are. When a person receives a summons from his wife in a divorce proceedings he should seek for a good lawyer to defend his case. How can these persons choose a good lawyer? In India no answer to the point is available to the said question. His 'time' may lead him to a lawyer. Whether he is good or bad is depends on his luck'.

No man can be condemned unheard, is a privilege enshrined in the Constitution. A lawyer may be one as the client chooses. Does this phrase contain such a right to have a competent lawyer for his case? When the answer is in the positive, it would not be wrong to say that there is paucity of such right.

How to solve the impasse? The only remedy available is classification or specialisation. Specialisation can be started from the college itself. But the best way is to start from one's own practice. An undernote may be added in the name-plate of the lawyer about his specialisation. When one feels that he is supposed to be a specialised person in a particular subject he will make his best effort to achieve the result. It will enrich his profession, ultimately the people will also be benefitted. The Advocates Act also to be amended in order to cart away the barriers.