LATE Mr. T. M. KRISHNA MENON

It is with profound regret that we record here the passing away of Mr. T. M. Krishna Menon on 2nd December 1958. Mr, Krishna Menon was a versatile whose varied talents, noble character and devotion to duty paved the path of his rapid and steady progress. He was a brilliant star in the constellation of the Bar of his time. His eminence as a lawyer and his intellectual capacities were duly recognized by his appointment to various high offices in the erstwhile Cochin State. His services as Government Pleader, Commissioner of Police, and Dewan Peishkar were exceptionally remarkable and extraordinarily successful. He had a brilliant and distinguished record as a District Judge and as a Judge of the Chief Court of Cochin. The Cochin Law Reports bear ample testimony to his erudition, knowledge and abilities. He was a lovable personality who had endeared himself to all his colleagues, the members of the legal profession and the general public. In his death we have lost an eminent lawyer, a learned Judge and a perfect gentleman.

We offer our sincere sympathies and heart-felt condolences to his bereaved son, Mr. Justice M. S. Menon.

Illustrious be the memory of such a great man. May his soul rest in peace

Retirement of Mr. Justice M. Madhavan Nair

An eminent Judge of the Kerala High Court, Mr. Justice M. Madhavan Nair has retired on 31st October, 1970 after a meritorious service for a decade creditably fulfilling his judicial mission. His retirement was unusually silent and exceptionally free from fuss and bluster. Imbued with a spirit of humility—a quality which makes a judge great & good—he disliked & disapproved the conven­tional farewell speeches. Still, the inner voice of heart-felt farewell and sen­timents of abiding affection rising in unison from the hearts of Judges and members of the Bar and the staff are greater and more touching in his case than those expressed in usual customary references.

Mr. Justice Madhavan Nair is one of our finest' mea and one of our best Judges. Apart from his wide knowledge and integrity, his judicial work has been characterised by sterling independence and a passion for justice unshackled by technicalities or formalities.As Lord Macmillan has observed in his essay on Lord Chancellor Birkenhead, "the warmer tints of ima gination and sympathy are needed to temper the cold light of reason, if human justice is to be done". Mr. Justice Madhavan Nair possessed in abundant measure both these qualities, imagination and sympathy. His judgments on all branches of law bear eloquent testimony to his deep learning & human approach in arriving at sound and correct conclusions with his practical and powerful mind. He was distinguished for his knowledge of Hindu law where his Sanskrit learning gave him a special advantage. He brought his knowledge of Sanskrit and legal learning to bear upon the liberalisation and modernisation of Hindu law and Marumakkathayam Law so as to retrieve them from the rigidity under which they laboured and make them progressive. Decisions in 1961 1, L. T. 141 and 1968 K. L. T. 51 reveal his masterly scholarship in Sanskrit texts and Hindu Law and incise power of drawing nice distinctions. He could correctly modify the translation from Yagnavalkya by Colebrooke. In the latter decision he has pointed out with sound reasons how the view of Mayne in his Hindu Law and Usage is not acceptable.

He revelled in legal argument with counsel and never shirked a law point. He has an amazingly active and alert mind with a natural aptitude for thinking. He was a courageous and outspoken Judge; stubborn but without sacrificing principles. He always endeavoured to do justice conscientiously and correctly even in the face of any opposition from any quarter. He fought fairly and fear­lessly to hold the scales of justice even, to maintain the high traditions of the judiciary and to champion the cause of the Bar. Surely these are qualities of a great judge and not a 'rebel judge.'

His retirement is only a milestone in his life's journey. We are sure his retirement in full health and vigour will enable him to do more service to the legal professson and to the country at large. In bidding him our respectful farewell we convey our best wishes for a long life, prosperity and happiness.

"Mid pleasures and palaces though we roam

Be it ever so humble, there is no place like Home".

SEVEN LAMPS OF ADVOCACY

"The profession of law is a great calling, and to discharge the responsibility the member of this profession must make him self equal to the task. Law is a great profession of talents, and talent is bound to make headway through any vicissitudes of circumstances, and through any reversals of fortune. The profession calls for great knowledge, high mental capacity and wide culture. Forsyth says that 'it is well to erect a lofty standard' in view of 'the momentous questions which are confided to his skill, involving all that is dear to man and remembering that 'when life, or property, is at stake, or the poisoned shaft of calumny is quivering in the heart, his office is to stand forth, and shield the person. or vindicate the character of those who are assailed, and who fly to him for protection or redress'. He adds that 'without an adequate conception of the requirements of his office, it is utterly impossible that he can perform the duties, which by its very nature, he stands pledged to society to fulfill. How can he hope to thread the mazes of intricate argument, if his mind is not disciplined by the habit of accurate reasoning; or, to advise safely in some perilous emergency, if he has not thoroughly digested and made himself master of legal principles?'

Judge Abbot Parry mentions Honesty, Courage, Industry, Wit, Eloquence, Judgment and Fellowship as the seven lamps of advocacy.

Dealing with Honesty, he says that 'the best advocates of all generations have been devotees of honesty', and cites the case of Abraham Lincoln 'who founded his fame and success on what some called' perverse honesty.

Referring to Courage, he says: 'Advocacy is a form of combat, where courage in danger is half the battle. Courage is as good a weapon in the forum as in the camp.''Advocacy', he says, 'is indeed a life of Industry, and an advocate must study his brief in the same way that an actor studies his part. Success in advocacy is not arrived at by intuition.''The lamp of Witis needed to lighten the darkness of advocacy. Often the wit of an advocate will turn a Judge from an unwise course, where Judgment or rhetoric would certainly fail'.

According to him, 'eloquence of Manner is real eloquence', and there is a 'physical as well as psychological side to advocacy'.

As regards Judgment, he refers to it essentially as an intellectual capacity,’ the inspiration' which enables a man to translate good sense into right action.

Speaking of Fellowship, he says that it is’ exactly like a great public School, the boys of which have grown older and have exchanged boyish for manly objects. There is just the same rough familiarity, the general ardour of character, the same kind of unwritten code of morals and manners, the same kind of public opinion expressed in exactly the same blunt, unmistakable manner'. He concludes that by keeping the lamp of fellowship burning, we encourage each other to walk in the light of the seven lamps of advocacy".

GOLDEN JUBILEE OF QUILON BAR ASSOCIATION

The Quilon Bar which has an excellent and erudite tradition and a proud legacy has celebrated its golden jubilee on 15th, 16th and 17th of August 1958 in the presence of eminent personalities and lawyers from the different parts of the State. In the field of law and service of nation the Quilon Bar has a glorious contribution. Its members have played an important role in the attainment of freedom. They have adorned with distinction offices of High Court Judges, Ministers etc. The Lawyers' Conference discussed many burning problems and passed several resolutions affecting the profession. At a time when the legal profession is faced with manifold hardships and obstacles and is losing its dignified position, organized and concerted action by the lawyers is the only means to achieve healthy and balanced growth of the profession. The resolutions passed deserve special and immediate attention by the authorities concerned and we hope they will be implemented without delay.

We are sure the 1 ead given by the Quilon Bar will be taken up by other Bar Associations with enthusiasm. We take this occasion to extend our hearty congratulations to Mr. V. N. Narayana Pillai, the President, Mr. G. Sadasivan Nair, the Secretary and to all the members of the Quilon Bar for the grand celebration of the golden jubilee and we wish a more prosperous and brilliant future and many more jubilee celebrations for the Bar.

The celebration commenced at 9. 30 A. M. on 15th August 1958 with the hoisting of the National Flag by Sri. V. N. Narayana Pillai, President of the Celebration Committee, in front of a tastefully decorated Pandal erected for the purpose in the premises of the Bar Association rooms within the new Quilon Civil Station. Sweets were distributed to the children assembled.

Between 10 A. M. and 12 Noon, the subjects to be placed before the Lawyers' Conference were discussed by the lawyers assembled and Resolutions were drafted in the after-noon. Sri. K. N. Parameswara Sarma of the Alleppey Bar was in the Chair.

From 8 to 1 in the night, a programme of variety entertainment was put on boards'by the members of the Association in the presence of a large gathering of the public.

On 16th August at 4 P. M. the Golden Jubilee meeting of the members was held in the Association Hall. Mrs. Kamala Kailasanathan and party gave a music concert from 8 to 11 in the night in the pandal. It was largely attended and much appreciated.

From 10 A. M. to 12. 30 P. M. on the 17th a Lawyers' Conference was held in the Association Hall presided over by Sri. Malloor K. Govinda Pillai. Delegates and members of several Bar Associations in the State were present at the Conference. Sri. Malloor in the course of a brilliant Presidential address emphasized the necessity for imparting at least a rudimentary knowledge of law to students in the High School Classes. He also pointed out that there was a growing desire on the part of workers in factories, shops and other establishments to acquire a workable knowledge of law so necessary for them in their ordinary life. He suggested that provision may be made for holding evening law classes which they may attend after their day's work and qualify themselves for a law diploma. According to him, much of the evil that we find in present day legislations and administration was the direct effect of adult franchise which however suited to countries like England and America, was totally unsuited to the conditions of India. Sri. Malloor added that it is the duty of the advocates to see that the Rule of law is maintained at any cost and not allowed to be interfered with lightly by any person or authority however high they be. Nineteen resolutions were passed regarding amendments to the existing rules of practice in the Courts, ap­pointment of Judicial Officers, Prosecutors, Receivers and the like, establishment of a Bench of the High Court at Trivandrum and a bench of the Supreme Court at a Central place in South India and removal of prohibition against appearance of Advocates in labour Courts, Tribunals etc. The Provident Fund Scheme adopted by the Travancore-Cochin Lawyers' Conference in 1955 at Trivandrum was also passed by another resolution. By another resolution, the need for the establishment of a Kerala Bar Federation was recognized and a Committee appointed to take suitable measures for its formation.

The conference then adjourned for lunch which was served in a spacious Hall on the northern wing of the Civil Station in the manner of Orthodox Kerala style.

At 5. 30 in the evening, a public meeting was held in the Pandal with Dr. John Mathai, Vice-Chancellor of the Kerala University in the Chair, Sri. V. N. Narayana Pillai welcomed all those present in a short speech. The Secretary Sri. G. Sadasivan Nair .then read a report on the history of the Association for the last 50 years. The Governor Dr. B Ramakrishna Rao then delivered his extempore inaugural address. Mr. Justice Sankaran of the Kerala High Court and former member of the Quion Bar Association, spoke next. Sri. P. Nila-kanta Pillai President of the Association thanked the guests. The proceedings closed at 7. 30 P. M. with singing of the National anthem.

From 9. 30 to 2 in the night the members of the Association staged a very interesting drama by Sri. N. P. Chellappan Nair caricativing absurd notions of fundamental rights and high prerogative writs envisaged in the Indian Constitution as entertained by certain people and entitled ]²Xn-IÄ A§s\ ]ptcm-K-an-¡p-¶p.(so progress the plans). The performance which was attended by a huge gathering including such distinguished persons 'as Dr. and Mrs. John Mathai, was a complete success.

WELCOME SPEECH

(By Sri V. N. Narayana Pillai, President, Golden Jubilee Celebration Committee)

At, the Public Meeting at 5-30 P. M. on Sunday the 17th August, 1958.

Mr. President, Your Excellency, ladies and gentlemen,

Today concludes a three-day celebration of the Golden Jubilee of the Quilon Bar Association. As its oldest member, both in age and in standing at the Bar, I have been asked to perform this pleasing duty of welcoming you to our midst in this gathering.

The Secretary will be placing before you a report on the origin, growth and achievements of the Association during the past 50 years. I shall not therefore, touch upon that subject.

We consider ourselves lucky in getting his Excellency the Governor to inaugurate this Public meeting and Dr. John Mathai to preside over it. We have been equally lucky in having Mr. Justice Sankaran as speaker this evening. All of them are too well known to need any lengthy introduction.

His Excellency was a very successful practicing lawyer. He had his share of suffering and sacrifice in India's struggle for freedom. He is a consummate statesman and able administrator. He is an erudite scholar and is aptly the Chancellor of our University. Ever since he assumed charge of the Governorship of our State, he has been keeping himself in touch with the people by extensively touring the State. We are deeply grateful to your Excellency for having graciously condescended to inaugurate this meeting and I offer your Excellency in the name of the Quilon Bar Association a hearty welcome.

Dr. John Mathai had a brilliant academic career. He also was a practicing lawyer, although for a short time only. He is one of the most illustrious sons of Kerala who have distinguished themselves in the service of the Mother-land. He was Finance Minister of India. As Vice-Chancellor of the Kerala University he has an important part in shaping the intellectual and moral well-being of our young men and women. He kindly accepted our request to preside over this meeting. We feel flattered and greatly honored by the presence of Mrs. John Mathai on this platform. To us, the older generation of lawyers, she has been known as the daughter of our revered and beloved Professor and Principal the late Mr. E. J. John of whom mention will be found in the Secretary's report in another connection. On behalf of the Quilon Bar Association, I extend to you, Dr. and Mrs. Mathai, a warm and hearty welcome.

Mr. Justice Sankaran is a former member of our Association. He began practicing as a lawyer in the Quilon Courts. He was an elected member of the Travancore Legislative Assembly. As a Judge he was first posted at Quilon He was a Secretary to Government. He is now a judge of our High Court and we hope that, within a few months, he will be sworn in as Kerala Chief Justice. To You, Mr. Justice Sankaran, I offer your old Quilon Bar Association's warm welcome.

Sri. Kuttikrishna Menon and Sri. Suriyanarayana Iyer who were due to speak this evening are unavoidably absent, the former on account of indisposition and the latter pressure of work in the Supreme Court.

His Lordship the Bishop of Quilon has been very kind to us in accepting our invitation and honouring us by his presence. I offer your Lordship a hearty welcome.

Now, Ladies and Gentlemen, I see before me a very large number of you who have so kindly responded to our invitation and whom I should like to welcome individually. But for obvious reasons, you will not expect me to do it. I offer you all, a sincere welcome and request you to be good enough to excuse us the little inconvenience you might have felt in the matter of accommodation or reception.

REPORT

(by Sri. G. Sadasivan Nair, Secretary)

On the history of the Quilon Bar Association for the past 50 years-

read by Secretary at the Public Meeting held on 17th August,

1958. in connection with its Golden Jubilee.

Mr. President, Tour Excellency, Ladies and Gentlemen,

It is my pleasant duty to place before you a brief history of the Association for the past 50 years. In doing so, I have largely adopted from our Silver Jubilee Report read at the Public Meeting held on the 17th August, 1933

This Association was founded in August, 1903, under peculiar circumstances. It will be difficult for any one now to believe that there would have been any difference of opinion among the members of the Bar about the desirability-nay the absolute necessity-for such an Association.

When the new order of Lawyers with University degrees began to enroll themselves as Vakils of the Quilon Courts at the beginning of this century, they were looked upon with suspicion by the older generation who were innocent of knowledge of English. Finding it impossible to form an Association with the countenance of the leaders of the Bar, six of the junior practitioners began in 1906, jointly to subscribe for the Indian Law Reports and the English Law Quarterly. They were all inconspicuous members of the Bar. There was not one among them who really did count. Their financial position was such that some of the six were not able to pay the admission fee of Rs. 7/- in a lump, but paid it in installments They had no constitution and no rules. They had no meetings, they had no place to meet and they did not keep any accounts. They had no library worth the name. The reports and the few text books which they had were circulated among the members of their association which they styled "The Quiion Vakils' Association". Subsequent events proved they were the weak instruments of a benevolent Providence travailing for the birth of this Association.

They had a room in these premises which though known as Vakils' room was mainly occupied by their clerks and petition writers. They had no chairs or tables, but they squatted on the floor in three or four rows with their characteristic desks before them and their clients sat between the row of desks. About 1/3 portion of the room was screened off with bamboo mats, which was used by some of the Vakils as a tiffin room. The Vakils ordinarily remained in the court rooms at other times. When the court buildings had to be renovated between 1905 and 1908, that room had to be vacated and the District Court itself was shifted to the old building now attached to the office of the Superintendent of Police in the Quilon Cantonment. After renovation, the District Court moved back to its old habitation, but the room formerly assigned to the Vakils' Association was taken away from them for the Court establishment. Mr, C. Sankara Menon, the Secretary of the Association, insisted that he must have a room for the Association. The District Judge, Mr. R Ananda Rao, conceded that the Vakils Association was certainly entitled to a room, but when he knew that its membership numbered only six, he said that the Association had to be satisfied with a very small room. All the Vakils were alive to the convenience of a roomoftheir own in the premises of the court, even though those outside the Association were not keen about joining the Association. Mr. Sankara Menon was firm and said that non-members of the Association would not be allowed to enter whatever room might be given "to him as the Secretary of the Association.

Compelled by force of circumstances, a meeting was held at the residence of Mr. Sankara Menon, presided by Mr. V. Subbier, about the middle o f August 1908. Besides the six members of the association, nine other vakils were present at that meeting. It was resolved then that those 15 members form a new association under the name, THE QUILON BAR ASSOCIATION, of which they were to be the first members. The older body, the Quilon Vakils' Association, consented to efface itself and the nine vakils were saved from the unpleasant necessity of having to apply to be admitted to an association which they had so long ignored. Prominent among these first members were Messrs. V. Subbier (later, Law member to the Govt.); Dr. K. Krishnan Pandalai (later, Judge of the Madras High Court); Illikulam P. Kesava Pillai (later Govt. Pleader), K. Raman Pillai (popularly known as Madras Raman Pillai); S. Venkitakrishna Iyer (District Court Vakil); Changanacherry K. Parameswaran Pillai (later, High Court Judge); C. Raman Thampi (later, High Court Judge) and C. Sankara Menon. One of the first resolutions was to ask the Judge for a suitable room to locate this new association. All Vakils entitled to practice in the civil courts at Quilon were eligible for membership of this association, on payment of an admission fee of Rs. 7-/. Each member had to pay monthly an ordinary subscription of Rs. l/-and a special subscription of 2 chuckrams (Roughly 7 naya paise) for each vakalath filed by him in the Munsiff's,Magistrate's and other ordinate courts, and 4 chuckrams for every vakalath filed by him in the District and Session Courts and the District Magistrate's Court. The vakalath fee was later on abolished and in its place the special subscription was fixed at Rs. 1/-per mensum. These rates prevail even now except in the case of the admission fee which at present is Rs. 10/-. The special subscription was suspended for some years from 1931 owing to economic depression. Mr. C. Sankara Menon, the first secretary of the association, held his office for 10 years continuously and he was succeeded by Mr. P. Karunakara Menon. The association was unique in that it did not make any provision for a President until 1937 when the association was incorporated.

The above is a brief account of the origin of the Quilon Bar Association. Almost all the founders of the Association rose to eminence in the profession & many of them attained high positions either in the service of the State or in public life. We very much regret that these benefactors who did so much for us and left us such a rich and proud legacy are no longer with us today. Their example should remind us that:-

"The heights by great men reached and kept

Were not attained by sudden flight;

But they, while their companions slept,

Were toiling upwards in the night".

We bow our heads in silent reverence to their sacred memory.

GROWTH OF THE ASSOCIATION

The association began with 15 members as has been already stated and the income for the first year was Rs. 166 --. In 1933 when the Silver Jubilee was celebrated, our membership numbered 86 and the income for the year was Rs. 1,500/-. The Dewan, Sir. P. Rajagopalachari, visited our room one year after the association was founded. He was amused to see the contents of a big almirah in our room numbering only three volumes and he sarcastically remarked that we had an excellent library. In 1933 when we celebrated our Silver Jubliee we had 1132 volumes in our library, costing Rs. 11, 450/-. The Laws Delays Commission which visited our Association, has stated in their report that our Association was a flourishing one and had a good library. We had built up a reserve of Rs. 4,000/-in the first 25 years of our existence.

During the long period of 50 years of our existence we had to face several vicissitudes consequent upon territorial readjustments of the Quilon judicial and revenue Districts. With the establishment of the Mavelikkara District Court in 1940 our District Court lost its jurisdiction over six Taluks. On the formation of the Alleppey Revenue District, our District Magistrate's court lost its jurisdiction over six Taluks. The formation of linguistic provinces.again deprived our district of another taluk.

The Association was in the nature of a mutual benefit society whose chief object was to render its members mutual professional assistance and to maintain a good law library of text books, reports, journals and the like. With the increase in the assets jmd the membership of the association, it was unanimously felt that the association should be incorporated as an Association not for Profit under the Companies Act. The necessary Government license was obtained on 5th February 1937 and the Association was registered as an Association not for profit in March 1937.

Our present strength is 118 members of whom seven are women Advocates. Our annual report for 1957 shows an income of Rs. 3,312. 75 for the year and an accumulated balance of Rs. 4,000/-. Our library now contains over 2220 volumes valued at over Rs. 18,000/-. The total assets as per the balance sheet exceeded Rs. 23,700/-in value. All these were made possible by a provision in our Rules that a member in arrears of subscription for a quarter or part of it, automatically ceases to be a member. Members therefore take care that they pay their subscription in time.

OUR ACHIEVEMENTS

(i) We have contributed our quota to the Legislature by supplying it with our views and suggestions on proposed legislation whenever any Bill of importance was introduced in the Assembly.

(ii) As regards civic affairs, ever since elected representatives of the people were appointed as Municipal Councilors and the Chairman was elected by them, we have returned an appreciable number of our members to every council and it is gratifying to us that up till now except for one individual, the elected Chairman of the Quilon Municipality has always been a member of our Association.

(iii) Although the Association as such has no politics, our members in their individual capacity have always played an important part in the politics of the State. We have supplied legislators & ministers. Messrs. T. M. Varghese and C. Kesavan-both our members-were two out of the three ministers who composed the first Cabinet in Travancore. Sri. Kesavan was also Chief Minister of the Travancore-Cochin State. Ambassador Dr. C. P. Mathen too was our member.

(iv) Our contribution to the judicial service of the State is even more noteworthy. Dr. Krishnan Pandalai one of the founder-members of the Association was a Judge of the Travancore High Court and afterwards a Judge of the Madras High Court. Our members, Messrs. P. Raman Thampi and Puthuppally S, Krishna Pillai, were Chief Justices of the State. Messrs. Changanacherry K. Parameswaran Pillai, C. Raman Thampi, C. Madhavan Pillai, N. Kumaran and Parur N. Narayana Pillai -- all, our members -- became judges of the High Court. Mr. K. Sankaran, one of the speakers of this evening, is the Senior most judge of the High Court of Kerala and has once acted as Chief Justice. Our contribution to the personnel of the subordinate judiciary is too numerous to mention. Many of our members still adorn the judicial service of the State as Judges, Munsiffs and Magistrates. In the recent selection of 18 candidates for appointment as Munsiffs based on the results of a competitive examination, four of our members including a lady (Miss Fathima Beevi), came out successful.

(v) Our activities extended to the entire bar in Travancore so much so we called together an All Travancore Vakils Conference which met at Quilon on the 25th and 26th of December 1913. It was presided over by Sri. K. G Sesha Iyer (who afterwards became a Judge of the Travancore High Court). The object of the conference was to organise the ranks of the Bar in Travancore so as to maintain the honour and diginity of the profession, to cultivate social relations among lawyers and to increase their usefulness in promoting the administration of justice. Mr. E. J. John, the undisputed leader of the Bar at the time, pointed out that such annual conferences if they resulted in nothing else, were useful so far at least as they serve to bring about better social relations among the members of the profession. Four more such annual conferences were held at Trivandrum, Alleppey, Thiruvalla and Haripad, presided over by Messers. K. G. Sesha Iyer, Kochukrishna Marar, K. A. Krishna Iyangar and E.J, John respectively. The conferences then died a premature death.

(vi) At the election of members to the first Travancore Bar Council, neither we, nor any other Mofussil Bar Association, took part, with the result that out of the 10 elected members, 9 were from Trivandrum and one alone from a District Court Centre (Alleppey). We learned by experience that we should interest ourselves in the elections to the second Council and see that at least one member from each of the seven District Court Centres was returned as a member of the Bar Council. Accordingly with the concurrence of the remaining six District Court Bar Associations we proposed that each of these bar associations should nominate one representative whose candidature should be supported by the voters of the remaining six associations also. We left the election of the three remaining members to be made by the High Court Advocates' Association. After the integration of Travancore and Cochin States, the number of District Court bar associations increased to nine, by the addition of the Ernakulam and Trichur Bar Associations. The same scheme was extended to those two associations leaving only one member to be chosen by the Ernakulam High Court Advocates' Association. This scheme has worked without fail up to now.

Just before the foundation stone of these magnificent Civil Lines was laid on the 17th of August 1956 the three wings of the old quadrangular building were demolished leaving intact the northern one which housed our association. In the new building under construction three rooms as requested by us were marked off to be assigned to us on completion. For this generous provision we are deeply obliged to Sri. P. S. Rau then Adviser to the Raja Pramukh and to Sri. P.I. Jacob, then Collector of Quilon. We moved into our present rooms which consists of a sitting room, a library room and a Tiffin room with up-to-date sanitary amenities attached, on the 11th of December 1957.

Before concluding this report I must mention here the valuable help and guidance we have been receiving all these years from the leader of our Bar, Sri. V. N. Narayana Pillai. He has been a member of this Association for the past 45 years and its President for well-nigh two decades. We are extremely fortunate to have him in our midst, still active and pursuing his role as the Doyen of the Bar as well as a friend, philosopher and guide to us all.

As this report was meant to be a permanent record of the working of the Association for half a century, it had necessarily to refer in some detail to matters of interest to us. I fear I have taken a lot of your time for which I beg to be excused.

RESOLUTIONS

I. Resolved that the Union Government be requested to comply with the unanimous resolution passed by the Kerala Legislative Assembly to establish a permanent Bench of the Kerala High Court at Trivandrum as early as practicable.

Moved by Sri. Nedumangad R. Kesavan Nair, Trivandrum

Seconded by Sri C. K. Sankara Pillai, Mavelikkara.

II. This Conference of the Lawyers of Kerala accepts the Legal Practitioners' Security Assurance and Provident Fund Scheme adopted by the All Travancore-Cochin Lawyers' Conference held on 29-12-1955 at Trivandrum and requests the Government, the High Court and the Kerala Bar Council to take legilative and other measures for the implementation of the Scheme on an All Kerala basis.

Moved by Sri. K. N. Parameswara Sarma, Alleppey

Seconded by Sri. G. P. Parameswaran Pillai (Cheroor)

III. Resolved that the All Kerala Bar Federation be formed and that the Travancore-Cochin Federation be requested to take suitable measures in that behalf in consultation with representatives of the Bar from all over the State and that a Committee consisting of the following members be appointed to contact the respective bodies to carry out the resolution.

M/s. R. Kesavan Nair, K. Kesavan Potti, G. Sadasivan Nair, K. N. Parameswara Sarma, G. Govinda Pillai.

Moved by Sri D. Sankara Iyer

Seconded by Sri. V. G. Iype.

IV. This Conference is of the considered opinion that in the interests of the dignity and efficiency of the judiciary the practice of promoting members of the Ministerial Staff to Judicial Posts should be discontinued. This Conference is further of opinion that all appointments in all other Cadres in the Judicial service shall be by direct recruitment from the Bar.

Moved by Sri. M. G. Koshy

Seconded by Sri. S. Oopala Pillai, Karunagapally.

V. This Conference is of opinion that in the interests of promoting efficiency of the services as well as of relieving over-crowding at the Bar,

(i) Recruitment to all offices involving quasi-judicial functions shall be solely from the Bar;

(ii) Not less than 50% of all posts the incumbents of which are expected to interpret and administer the law shall be reserved for the Bar,

(iii) For appointment to all other posts under the Government, when other qualifications are equal, preference shall be given to the members of the Bar.

Moved by Sri. V. Nagappan Nair Seconded by Sri. G. Sadasivan Nair.

VI. This Conference is of opinion that the restrictions placed on advocates in the matter of appearing before Industrial Tribunals and Labour Courts are unjust and not conducive to the proper administration of justice and therefore requests the Government of India to take steps for the removal of such restrictions.

Moved by Sri. N. Raman pillai

 Seconded by Sri. K. Kesavan

VII. This Conference is of the view that practising Lawyers should be declared competent to function as conveyancers both in the matter of drafting as well as of writing documents for registration without a licence therefor.

Moved by Sri. D. Sankara Iyer

Seconded by Sri. R. Kunjuraman Pillai.

VIII. This Conference resolves that the salutary practice of engaging a junior in all suits and appeals the subject matter whereof exceeds Rs. 1000/-in value be made compulsory by appropriate rules made in that behalf.

Moved by Sri. S. Vaidyanatha Iyer

Seconded by Sri. D. Sankara Iyer

IX. This Conference resolves that the practice of appointing or deputing Police Officers for the conduct of prosecutions whether under the Penal Code or under the Penal provision of other statutes has to be discontinued.

Moved by Sri. J. Joseph Rodriguez

Seconded by Sri. G. Govinda Pillai, Kanjirapally.

X. Having regard to the flood of new legislation involving penal provisions and to the fact that the investigating Officers cannot reasonably be expected to keep abreast of the implications and contents of the new enactments and further to the illegality and impropriety of public prosecutors taking part by advice or otherwise in the investigation stage this Conference considers that in the interests of the more efficient investigation and launching of Police and Departmental prosecutions there should be a full time police attorney for each district, recruited from competent senior members of the Bar.

Moved by Sri. M. G. Koshy

Seconded by Sri. K. N. Parameswara Sarma.

XI. This Conference is emphatically of opinion that the recent High Court Circulars enjoining upon all judicial Officers the duty of taking down all depositions in their own hand is not conducive to the proper administration of justice. The interests of justice require that the old practice of bench clerks taking down the depositions and presiding Officers concentrating their attention on regulating the examination and independently taking down notes so that the correctness of the deposition taken by the bench clerk may by verified with reference to such notes when the depositions are read out to the witnesses may be restored.

Moved by Sri. G. Sadasivan Nair

Seconded by Sri. G. Sivasankaran Nair.

XII. This Conference is emphatically of opinion that the recent High Court Circular calling upon Presiding Officers to discontinue the time-old and healthy practice of having a Roll call at the beginning of the days's work is highly prejudicial to the interests of the lawyers, parties, witnesses and even to the adjustment of the day's work of the Courts. Parties, Counsels and witnesses have to wait till about the rising of the Court to learn that their cases are finally to be adjourned. We therefore request the High Court to issue instructions to the subordinate Courts to restore the old practice.

Moved by Sri. N. Krishna Pillai, Mavehkara

Seconded by Sri. G. Govindan, Karunagapally.

XIII. This Conference resolves that in the interests and convenience of the public in South India a bench of the Supreme Court be permanently housed in a centrally situated place in South India.

Moved by Sri. N. Palpu, Quilon.

Seconded by Sri. K.N. Pararnesuara Sarma.

XIV. This Conference recolves that first grade Pleaders (of not less than 15 years standing at the Bar) be declared eligible for enrolment as advocates of the Kerala High Court.

Moved by Sri. S. Kuttan Pillai

Seconded by Sri. V. G. Iype.

XV. This Conference is of the opinion that the newly introduced panel system in the matter of appointment of Receivers and the imposition of the condition that candidates selected to the panel shall furnish security in the sum of Rs. 2000/- are unncessary and may result in keeping out deserving candidates. We consider that the strict and vigilant enforcement of the existing rules would effectively secure the proper discharge of a Receiver's functions. We therefore request the High Court to direct the subordinate judiciary to continue the existing practice.

Moved by Sri. G. Narayanan Nair

Seconded by Sri. K. Kesavan.

XVI. Having regard to the necessity of recruiting personnel who have attained higer standard of maturity and practical experience to fill judicial posts this conference is of opinion that the age limit be raised to 40 years in the case of Munsiff's and 45 years in the case of subordinate and Additional Judges and 50 years in the case of District Judges.

Moved by Sri. Joseph J. Panjikaran.

Seconded by Sri. V. Q. Iype.

XVII. This Conference resolves that the Honourable High Court be requested to make the following provisions in the Civil and Criminal Rules of Practice to ensure the more speedy and effective administration of justice and to avoid or reduce the scope for corruption by the Ministerial staff.

(i) Entries in the file book required to be made before the issue of summons or notices should invariably be completed within the two days of filing the plaints.

(ii) Orders for curing defects must specify in detail the defects to be cured.

(iii) Orders for curing defects or for the issue of summons or notices should be passed within three days of receiving records from the file book section and summons and notices should be issued within a week from the date of ordering such summons or notices.

(iv) The Progress Diary in trial and execution cases posted for each day must be completed and made available for reference preferably by seperate notification in the notice board within one hour of the rising of the Court.

(v) Office copies of orders and judgments should be ready within two days of the date of pronouncement there of.      

(vi) Preparation of decrees should be completed and decrees signed within three weeks of the date of pronouncement of judgments.

The records should be transmitted to the decree clerk within a week of the pronouncement of the judgment.

(vii) Attested copies of decrees, judgments orders and other records shall be supplied ordinarily within a week of the production of the stamp sheets and requisition for the necessary stamp sheets should be made within two days of the application. In urgent applications for attested copies requisition for stamp sheets should be made within 24 days of the receipt of the application and the copies should be ready for delivery within 24 hours of the production of stamp sheets. Ordinary application for attested copies shall be complied with strictly in the order of priority of production of stamp sheets. Any clerk found violating the order of priority in this matter shall be severely dealt with.

(viii) In applications for cheques, verification must be completed within two days of the applications and in the absence of any impediment on verification the cheque must be issued the same day.

(ix) Summons and notices to parties and witnesses should in the first instance be sent by registered post.

(x) Copies of written statements, petitions, affidavits and other statements ordered to be filed in court shall be served on the opposite side or filed in Court where the opposite side has not entered appearance and copies of documents sought to be proved shall, unless dispensed with by order of Court, be served on the party against whom they are intended to be used except where such party is a party to the document in question.

Moved by Sri. G. Sadasivan Nair;

Seconded by Sri. K. Kesavan.

XVIII. This Conference resolves that the number of days declared as Holidays in connection with Oh am be fixed at seven.

Moved by Sri. G. Sivasankaran Nayar,

Seconded by Sri. K. Kesavan.

XIX. This Conference resolves that a Committee consisting of the following members with power to co-opt be constituted to take all necessary steps for implementing the above resolutions.

M/s. V.N. Narayana Pillai, K. Kesavan, G. Sadasivan Nair (Convenor), K. N. Parameswara Sarma and V. Nagappan Nair

Moved by Sri. P. Sadasivan, Seconded by Sri. H. Sivararnakrishna Iyer.

LAW-BREAKERS GALORE

(T. G. John, Advocate, Trichur)

Law-breaking is the vogue of the day. Political aspirants dash their heads against each other; even minors whose rights are so jealously guarded by law threaten to despoil the very shrine from which emanate the beacons of their protection. Infants who will otherwise be playing with their marbles or busy with their satchels at their desk, follow the 'pied piper' of a politician out into the streets, there to join up a parabola of a political extravanganzaorgiastic dances, cat-calls and clarion calls inside temples of Justice where sits enshrined 'man's eternal quest and everlasting hope'. Are we retrograding to a state of nature?

In the conception of Plato in a state of nature War is the natural relation with the result every man is a wolf to every other man. On the other hand Hesiod dwells upon an age of peace in a state of nature and with him Virgil in his Eclogue makes Sybil prophesy the return of an unbroken era of peace. 'The stoics took the view that inside man there was always raging a conflict between bad impulses and right reason and Justice; and man always struggled in this torment to reach his level by an assertion of what he regarded as justice and right reason and this was so because Nature always tended to evolve the very best in man.' In this respect the machinery of law is running a gauntlet of flamboyant vituperations at the hands of the law-breakers; the urge of the hour is for cute, natural justice.

A resurgent generation fired with revolutionary ideologies with souring faith and shrivelling loyalty is on the march. In times like the present of disillusionment and doubt, where there is a tension between tradition and progress the idea of absolute or natural justice has an irresistible appeal to persons who are dissatisfied with the existing state of things. The search of mankind for absolute natural justice in an age-long search but a search which has always failed But this failure was inevitable; it was inherent in the search itself. This is because mankind's notions of justice in the different spheres of human activity and relationship have changed and go on changing under changing social, political and economic conditions. In Russia during the first revolutionary period the only written laws to be applied were the decrees of the Soviet Government. If there was no Soviet law ruling the issue then the 'Socialist consciousness of justice had to decide.' During the second revolution the judge was no doubt given freedom of decision which was regarded as characteristic of revolutionary law, but law was understood as serving the needs of revolutionary development as opposed to formal and conservative legality. Revolutionary legality and revolutionary consciousness of justice were deemed to be the correct application of the law in the sense intended by the revolutionary state. According to the socialist legal theory all desirable evolution of the economic life must find its expression in the laws. In course of time, however, the Soviet Civil Code was enacted to give some amount of certainty to law. (vide Schlesinger's Soviet Legal Theory).

Is there any likelihood, one may ask with a sense of frustration, of this conflict ever ceasing? Will the quest for natural and absolute justice be ever successful? In other words, will there be ever a time when justice according to law will be interchangeable with the conception of law according to justice? The answer depends not on legal theory or ratiocination but on human conduct and morality. So long as man is selfish, the conflict is bound to be there. "Individuals or small groups coveting power or wealth use the organization of a political community for their purpose. Modern dictators use the masses for their ambitions and disguise it under the name of some collective idea, be it State, nation or race." (Raja Mannar, C. J. Diamond Jubilee Celebrations of the Madras Advocate's Association, 1949).

x x x x x x x

x x x x x x x

"The citizens of the Republic have given great powers to the Judiciary. We recognize that great powers necessarily involve grave responsibilities, but we are not dismayed. It has always been the proud tradition of this Court to stand between the subject and any encroachment on his liberty by the executive or any other authority however high. It is a great tradition which we have inherited and we believe that this Court will be worthy of this inheritance. Amidst the strident clamour of political strife and the tumult of the clash of the conflicting classes we must remain impartial. The court is no respecter of persons and its endeavour must be to ensure that above this clamour and tumult the strong calm voice of justice shall always be heard. Fiat Justitia ruat coelum".

(A.I.R. 1950 Calcutta 274.-Sen, K. C Chunder & Lahiri, J. Special Bench).