The main aim and objective of the whole Judicial System in India is to provide speedy, fair, honest, impartial and inexpensive justice to the Common Man- “WE, THE PEOPLE OF INDIA”. To achieve the same, transparent, honest, accountable and impartial discharging of duties and functions both by the Bench & the Bar without forgetting their social obligations towards COMMON MAN, is essentially required. The Common Man have great faith in the Hon’ble Supreme Court of India and treat it as their Last and Final Hope for getting justice. They treat it as Temple of Justice. The Constitution of India has also given ample powers under Article 32 for enforcement of Fundamental Rights, to fulfill the expectations of the Common Man.
The Hon’ble Supreme Court owed great responsibility to the poor Common Man- “WE THE PEOPLE OF INDIA”- while framing Rules under Article 145 of the Constitution making justice speedy and inexpensive so that, Common Man can approach the Hon’ble Supreme Court. His Last Hope easily but, in practical life, an ordinary man is completely ruined and broken on reaching the Hon’ble Supreme Court of India where monopoly of Advocate on Records (AORs) had been created and the Common Man cannot have Advocate of his choice but, is compelled to accept all conditions of AORs regarding engagement of Senior Advocate of AORs’ choice on payment of unbelievable huge fee in lacs of rupees, in violation of fee prescribed under Supreme Court Rules. The Advocacy is completely commercialized, just like business having no scope for social obligations or duty towards poor and needy Common Man. The Rules framed by the Hon’ble Supreme Court on this head are proving ineffective in checking the miseries of the Common Man.
Our focus should be on the miseries of the Common Man who are calling upon the Hon’ble Supreme Court of India to amend and make such Rules, which can be enforced over seniors and AORs, prohibiting charging of unbelievably high fees in lacs. It will also see that Rules which will be made must be in consonance with Article 145of the Constitution of India and Section 30 of the Advocates Act, 1966. Only this system will fulfill the expectations and necessity of the Common Man.
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Post Contributed By:
Ashish Ransom
Indian Institute of Legal studies