MOHAMMAD NAUSHAD KHAN presents the views of some legal luminaries on the independence of judiciary, especially of the Supreme Court, and other aspects of the legal profession.
The Society of Indian Law Firms (SILF) and Menon Institute of Legal Advocacy Training (MILAT), on the eve of sixth Law Teachers Day, organised a Law Symposium and Awards Functions to honour distinguished law teachers, law students and law schools for their contributions to the development and advancement of the legal profession, at The Lalit, a 5-star hotel in New Delhi, on 6 September.
Fali S. Nariman, a distinguished Indian Constitutionaljurist, while speaking on the occasion, said that education is important and quality and experienced teachers at different levels will ensure quality education. A lawyer should know much beyond law books in order to become a successful lawyer. He recommended all to read Discovery of India, for he believed it was the best compilation of history and Indian culture written much before political parties began dissecting and tearing apart the meaning of secularism.
It has been recorded at the constitutional bench of the Supreme Court rule that the Uttar Pradesh official language amendments act passed in 1996 to include Urdu as the second official language of the state was not unconstitutional. This was indeed great news, because Urdu is a language which is purely Indian and comes for India, and it is Indian. Urdu is a unifying factor for a large community in India. After this judgment, the convener of the Urdu Scientific Society welcomed the SC order on Urdu and at the same time also said it is unfortunate that Uttar Pradesh had not a single Urdu high school for the last 25 years. Urdu deserves to be promoted. In fact, it demands to be projected along with Hindi and English.
Nariman also cited an example as to what difference an Independent judge can make while acting independently in a Supreme Court with 31 judges. On the decision of viability of Common Central examination to be conducted by one central body, two of the three-judge bench hearing the case were against it. “It is just because of our today’s Chief Guest Justice Anil Dhave who thought independently and correctly in its favour and what we have now is just because of him which is an example for one and all. Believe it, the judges of the Supreme Court to the best of their ability try to do what they believe is correct. Politicians are just looking for a chance to get hold of the judiciary. But fortunately, judiciary has so far not allowed any political parties to harm the independent identity of the judiciary and judges must try all in their capacity to remain independent,” averred the jurist.
Chief Guest Justice Anil Dhave said that services of lawyers as a guest faculty will help impart the practical knowledge among law students because what one can learn from the experience or on practice will not be gained from books alone.
Siraj Hussain, IAS, Secretary Government of India in the Ministry of Food Processing Industries, who was present during the award ceremony, while talking to Radiance, said recognitions and awards motivate and build confidence of teachers. “We are happy that a law teacher from AMU has received this honour. Other teachers will also get motivated by such awards and recognitions,” said Hussain, who is elder brother of Faizan Mustafa.
Professor Faizan Mustafa, Vice Chancellor NALSAR Law University, Hyderabad, after receiving the award, said he was overwhelmed to receive the award. In fact, Professor Menon has been his mentor for the last 25 years. “To me mind is not a vessel to be filled but a fire to be ignited and it was he who has ignited that fire in hundreds of law teachers. A mediocre teacher tells, a good teacher explains, a superior teacher demonstrates and a great teacher inspires and Menon has inspired many of us,” Mustafa said. He also remembered his mother and said whatever he is now is just because of her. “What I am now is just because of her prayers.”
“I was taught by the best teachers of my time such as Prof. Irfan Habib, Prof. Attar Ali, Prof. V.S. Rekhi, Prof. Ahmad Siddique at AMU and outside Aligarh teachers like Prof. Madhava Menon, Prof. N.L. Mitra and Prof. G.V. Ajjappa had a profound influence on me. All of them had great passion for teaching and never went to their classes without preparation of several hours. I owe everything to Aligarh Muslim University because I studied there and taught at Law Faculty. Prof. Zakaria Siddiqui, who was my Dean, persuaded me to join teaching and I was appointed within one month of completing my LL.M. as I was a gold medallist. He had a great influence on me as I saw him taking classes even during Ramadan with great passion for several hours in the scorching heat of May,” Faizan said.
Soon after the award ceremony, Professor Mustafa, while replying to a question, whether at any point he ever thought of this award, told Radiance that no true teacher would ever think of any award. The best award a teacher gets is the appreciation he receives from his students. “I have the satisfaction that I was able to generate interest and quest for learning in my students. The award puts me in the elitist club of legendary law Professors of the country and therefore I am little nervous. All the earlier awardees got it after retirement. I am the youngest recipient of the award and therefore I have the challenge of performing better in years to come.”
On the question of any wise suggestion for AMU Law Faculty, Mustafa said that AMU Law Department has produced some of the finest teachers. The Department is still doing very well but it is not performing as per its potential. We still do not organise any national or international moot court competition; our curricula needs updating with introduction of new courses like Telecommunication Law, Mining Law, Shipping Law, Competition Law, Mergers & Acquisitions Law, etc. The University should hold the selection committee so that teachers get promoted and feel encouraged to put in an extra effort. We should bring some fresh blood from outside as well. We should immediately start one year LL.M. programme.
On the question of his contribution to NALSA, he said NALSA is the apex body for giving legal services and legal aid to the poor under Legal Services Act of 1989. Only four Chief Justices out of more than 21 High Courts Chief Justices are its members. “At present I am the only academic who is its member as the body is mainly of lawyers and judges who are an integral part of our judicial system. Last year at the initiative of NALSA, a National Lok Adalat was held in November and some 35 lakh cases were disposed of. Even Chinese papers asked me about this mega event,” he maintained.
He also shared some of his achievements with Radiance when he said that the Supreme Court of India has quoted his article on ‘Right to Die’. He opposed inclusion of ‘Right to Die’ in ‘Right to Life’ and wrote another article criticising the Supreme Court of India. Fortunately within 18 months the court overruled its earlier decision. He has worked in challenging areas on which subsequently Parliament enacted laws. For example, he wrote two books on Right to Information in 1996 and 2003, and the Right to Information Act was passed in 2005. He has also written a book on Data Protection Laws in 2003 and the country still does not have the law on this subject. Similarly, he has written on HIV Law and India is yet to enact a law on this important subject of Health Care Law.