Prime Minister Narendra Modi on Saturday underscored the need to “rethink, reimagine and reform” legal systems even as Chief Justice of India D.Y. Chandrachud pointed out that government law officers should remain impervious to the politics of the day and conduct themselves with dignity in court.
The Chief Justice said law officers, from the Attorney-General and the Advocates-General of the States, whose posts are envisaged in the Constitution, to others such as the Solicitor-General, Additional Solicitors-General and Additional Advocates-General, were the first point of contact between the court and the government. They must uphold the honour of the legal profession through exemplary conduct from both within and outside the courtroom.
“The greatest glory of the Attorney-General is not to win cases for the government but to ensure that justice is done to the people,” Chief Justice Chandrachud quoted from jurist Nani Palkhivala’s letter to Soli Sorabjee on the latter’s appointment as India’s top law officer in 1989.
‘Officers of the court’
It is the duty of the law officer to tell the government when it does not have a valid case, Chief Justice Chandrachud said.
“Law officers bear a greater responsibility in upholding ethical standards compared to private practitioners, given their role as guardians of the rule of law… It is imperative that law officers remain impervious to the politics of the day and conduct themselves with dignity in court, ensuring the integrity of legal proceedings… A crucial aspect of executive accountability rests on the ethical conduct and responsibility of law officers, who function not only as representatives of the government but also as officers of the court,” Chief Justice Chandrachud said.
Expand cooperation
The Prime Minister and Chief Justice Chandrachud were speaking at the Commonwealth Attorney- and Solicitor-General Conference 2024 on Saturday.
The conference witnessed the participation of Attorneys-General and Solicitors-General from Commonwealth nations spanning the Asia-Pacific, Africa, and the Caribbean along with various international delegations.
The Chief Justice referred to the guidelines issued recently by the Supreme Court in a judgment which cautioned judges against leveraging the power to summon officials as a tool to pressure the government.
Mr. Modi, speaking on the topic of “Cross-border challenges in justice delivery”, said countries need to expand cooperation in the investigation and justice delivery while respecting each other’s respective jurisdictions.
“When we work together, jurisdiction becomes a tool to deliver justice without delaying it,” Prime Minister Modi said.
Radical changes
The Prime Minister highlighted the radical changes in the nature and scope of crime in recent times, and of multinational criminal networks and their use of the latest technology in funding and operations.
Mr. Modi drew attention to the fact that economic crimes in one region were used to fund crimes in another.
He trained the spotlight on the challenges of the rise of cryptocurrency and cyber threats.
“The issues of the 21st century cannot be tackled with a 20th century approach,” Mr. Modi said, underscoring the need to “rethink, reimagine and reform” legal systems.
