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Indian legal system facing unique challenges, says CJI Gavai

Indian legal system facing unique challenges, says CJI Gavai

The Chief Justice quoted Jed S Rakoff, a senior federal district judge in the United States in this connection. The American judge in his book, "Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of Our Broken Legal System," had made the following remark. 'Even though I conclude that our legal system is in bad need of fixing, I remain cautiously optimistic that my fellow (citizens) will rise to the challenge.' This comment of the American judge was quoted by CJI Gavai.
Further, the Chief Justice advised the passing out graduates to seek mentors for the sake of integrity and not for their power. On the "pressure to pursue a master's degree abroad", Justice Gavai said: "A foreign degree alone is not a stamp of your worth. Don't take this decision in the reflex of thought or under your peer pressure. What happens next? Years of debt, anxiety, career decisions made under financial burden."
He cited examples of some young graduates or lawyers taking loans of as much as Rs 50-70 lakh for foreign education. In fact, a small portion of a big amount like Rs 50-Rs 70 lakh can be used as an investment to start independent practice or build an office chamber. The young lawyers can go abroad for studies at a later stage in life when they are stable, he said.
The growing trend of going abroad also reflects a structural issue, signalling a lack of confidence in the state of postgraduate legal education and research in our country, Justice Gavai said.
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