Entry Barriers to Litigation in India: Critical supplementary issues

Kartikeya Tanna has analysed the report by RFGI on the Entry Barriers to Litigation and given additional supplementary issues to the same. The Indian legal system, including the hierarchical structure we have adopted from the British in the field of litigation advocacy, is always in the need for a gradually phased reform. One of the critical processes this continual reform entails is to identify, diagnose and find ways and means to introduce consensual need-based measures. This continuing process of reform – a critical part of any field of governance, no less litigation – may not necessarily be brought about by mandatory application of procedures and rules governing litigators; indeed, it cannot. It must rather, to use an analogy in economics, be propelled by a demand push change. This change, usually driven by inevitable market forces and a resulting evolution of practices, must include a conscious change among those participants generally excused because of claims of victimhood – the young law graduates or the juniors. The diagnosis, ensuing prognosis and solutions must not be quack, but rather be extremely mindful of all perspectives of each problem. This article, and I call it a supplement rather than a rejoinder, draws from the recent report on entry barriers to litigation published a fortnight ago. The report, backed by persistent sample surveys collected through admirable diligence, has brought to light several key issues that continue to trouble our colleagues at the Bar with the noble purpose of raising awareness on entry barriers to litigation. There are a few critical supplementary issues that deserve special attention in my shared effort to alleviate some of these entry barriers. They are perspectives ‘from the other side’ and an inward critical thinking that must be a part of any brainstorming in this area. The desired outcome on one hand is to widen the crucial parameters that assist us in arriving at our conclusions to narrow down the differences in dissenting views on the other hand.

Entry Barriers to Litigation in India: Critical supplementary issues barandbench.com Wed, Dec 1, 2010