Object of law

Object of law is to regulate relations between individuals or individuals and society. Norms recognized as law are intended to protect the victim of injustice and to check unfair conduct of an individual or body of individuals. The need for law arises when reasonableness and fairness are lacking in the conduct of persons, the State or its functionaries. Law is expected to be objective, uniform and certain. Machinery for enforcing the law is also expected to be fair, just and reasonable. Absence of law or its enforcement leads to chaos and injustice and hampers growth of the individual and the society.

Absence of truth, fundamental cause to a conflict situation

It is well acknowledged that there is large scale violation of law which leads aggrieved parties to rush to the Court. Courts are inundated with litigation of over 3 crore pending cases, not to leave out of reckoning the cases that are pending in Tribunals or quasi-judicial authorities. Causes for inability of the system to cope with grievances of large scale violation of law include lesser allocation of funds for necessary infrastructure, such as the number of Judges being disproportionate to the need. Sometimes, comparison is made with other countries where Judge - population ratio is higher. One of the fundamental causes contributing to delay in disposal and addition to litigation is lack of truthfulness in the stand of one of the parties that makes the effort even to discover truth a daunting task in the course of litigation. Lack of probity and honesty of administrators or other decision makers give rise to grievances of arbitrariness in State actions. There could be no two views that truthfulness and fairness on the part of individuals and administrators could do enormously to reduce litigation.

 Falling ethical standards in legal system

As regards quality of justice, there is all-round debate and concern on method of appointment of judges, qualification for judges, conduct of judges, ethics of bar and bench. Apart from professional competence, there is debate of unethical conduct and it is generally believed that if ethical conduct is ensured, quality of justice will improve and litigants will have more satisfaction. Ethical conduct includes discipline, dedication, honesty and impartiality of the Judge and the Advocate. Is law alone enough to bring about honesty, integrity, dedication, truthfulness, fairness, courtesy and good behaviour which are fundamental in achieving orderliness, peace and development in the society? If not, what else could help achieve these qualities? According to some thinkers, it is spiritual development that holds the key to find answers to some of the knotty questions.

The spiritual underpinnings of the Indian Constitution

The Constitution of India incorporates ideals of equality, liberty and fraternity. Etching them in print is not enough unless they can be translated into action. By judicial review, constitutional courts have been empowered to test the validity of every executive and legislative action on the anvil of reasonableness which is antithesis to arbitrariness, and which is part and parcel of the golden triad under articles 14, 19 and 21 of the constitution. How far could spiritual development help mang the constitutional values a reality?  Dr. Ambedkar, who guided the drafting of the Constitution, was of the view that Constitution could be enforced only with spirit to accept the values laid down therein.  Swami Vivekanand highlighted that the way to progress was not mere enactment of a law but spirit for right action. Fundamental duties underline significance of being inspired by the spirit which inspired the freedom fighters. That spirit was fairness and justice even at the cost of supreme sacrifice. Truth is high, but truthful living is still higher, said Sri Guru Nanak. Sri Aurobindo emphasized the development of spirit which could lead to realization of the goal of human life for greatest happiness. He said that spiritual development could lead to realization of all in one and one in all.

The basic questions

According to 14^th Report of the Law Commission, while discussing judicial reforms, it was noted that it is the persons operating the law who are most important. The law maker, the law interpreter, the law enforcer as well as the citizen need to be spiritually oriented. Legal education and continuous education of judicial officers have been emphasized. Quality institutes have been set up. Standard of knowledge imparted is sought to match international levels. It is no doubt good development but, perhaps, it is not enough. Best brains have been attracted towards institutes of excellence which have helped career advancement to the elite youngsters.  How far have these institutes helped in advancing quality and quantity of justice delivery? Have these institutes, while providing knowledge of use of computers and latest laws also been successful in creating a team of dedicated persons who will help giving justice to individual victims of injustice wallowing in the effects of pollution, poverty, unemployment, malnutrition, hygiene, health, shelter, corruption, exploitation and natural calamities? What is the most significant factor for achievement of millennium development goals which have been identified by United Nations for removing suffering from the earth? How far have these institutions helped in spiritual upliftment, the transcendent quality that inspired freedom fighters to make supreme sacrifices?

Spirituality, panacea for the present malady

Spirituality is a development of inner-self of a person through contemplation by withdrawing from matter and focusing on spirit. It is now established that apart from development of body, mind and intellect, development of spirit is integral to development of a person. Spiritual development leads to development of ethics, brings inner peace and harmony and not only leads to improvement in the quality of life but also makes him better suited for doing his social and official duties. Absence of spiritual development, on the other hand, leads to a tendency to be allured by material gains and to be overpowered by senses and desires which in turn lead to unjust and unfair behavior. The success of system of administration of justice is possible only with best persons manning the system. Undoubtedly, the quality of education will equip them better but beyond that is the imperative to inculcate and imbibe a mission for service and not for career only. This is possible only by spiritual development. Enactment of laws against corruption, adulteration, pollution or other evils are necessary. Mere enactments are not enough. There is an impending need to direct the focus to adopt ethical ways in all walks of human activity. It has become necessary to institutionalise spiritual development at every level, particularly for all those implementing laws.