903 (1 of 10 series on Law) Private Universities seem to place Carts before Horses, and Publicity before Peroformance

Private Universities in India, in almost all fields-- Engineering,Law, Medical, Business Administration, wherever they consider that there is money, they will enter the field, and try to create an impression that they are going to provide high quality education. People get carried away by advertisements. Okay, let the People go wherever they like, why should we grudge. For studying the above news item, here is the Deccan Chronicle.Com Link:Click here to go to http://epaper.deccanchronicle.com/articledetailpage.aspx?id=7391249.

But my goal is to explore truth, and try to reflect it in my blogs, howsoever lackadaisical they may appear to be. Private Universities seem to place cart before the horse. Their Priority seems to be Publicity, before Performance. Placing Publicity before Performance is a Euro-American craze, which has its origin in bourgeoisie ambitions and urges. What our students of Professional Courses in India today need to learn in the First Instance? Ans: How to tune one's own thinking from the point of view of the poverty-stricken Indians. For a Law student, learning to write judgements, will probably be the ultimate or a penultimate task. After learning how to tune one's own thinking from the point of view of a person on the street, a law student has to go through several mental metamorphoses just as the larva of a butterfly undergoes before ultimately becoming a butterfly, and climb over numerous psychological and social transformations, whether he-she ultimately becomes a Judge or not, and will come across a situation where he-she has to write judgements. Before the ultimate/penultimate goal of writing judgements, he-she must first learn how to favorably and critically appreciate a judgement, whether given by a lowest court or the highest court.

Less than 10% of Law Students become Judges!

Less than 10% of our Law students, become Judges, after appearing through various Judge Recruitment Examinations conducted by Courts in various States. Most of such Judge posts are of lower level, often upto Senior Civil Judge level, and somewhat less frequently, at middle level District and Sessions Judges. The Expectation from them is that they write their Judgements in Regional Languages. As a Hindi to English (&vice versa) translator, my experience shows that only in Hindi States i.e. Bihar, Madhya Pradesh, Rajasthan, Uttar Pradesh, Chattisgadh, JharKhand, Uttarakhand, judgements are being written in Hindi. In non-Hindi States, judgements are being written in English. Whatever be the language, the style adopted for writing judgements is a running style "essay type", similar to what is done in Higher Judiciary i.e. High Courts and Supreme Courts.

At least, as far as, Lower and Middle Court Judgements are concerned, there is no need for any guidance from Foreign University Professiors, particularly those from American Universities. Reason: The Legal Environment in United States varies with the Legal Environment in India.

Ques: Will all the Private University Law Students become Great Advocates in High Courts and Supreme Courts, or will they become Judges in High Courts and Supreme Courts?

Ans: If we take the B.Tech and M.B.A. Degrees as examples, there seems to be a craze on the part of employers, that degree holders from some specific institutions (often from Private Sector, with the exception of I.I.Ts and I.I.Ms.). There are some prestigious Business Schools in India promoted by Corporate Houses, which sell Business Administration Degrees to the kith and kin of Corporate Business Tycoons, Bureaucrats and whoever else can pay huge sums to buy them. That is a show business managed by Corporate Business Houses, to show to the external world that the scions of the Business tycoons/bureaucrats who later occupy top positions in their own Family Companies have some prestigious degrees, to justify the huge salaries they draw from their Family fiefs. This system has not so far entered Legal Arena, though we can see that hereditary system already exists in Courts in different hideen ways. But uptonow, it has not been commercialised. By introducing and encouraging prestigious Private Sector Law Degrees, what the Government of India, Governments of respective States, India's Higher Judiciary, Bar Councils, what are they aiming at? Are they going to fasten and harden the grip of the 'anglicized' and 'suit-boot tip-top' lawyer groups, over various organs of Indian Judicial System?

High Court Lawyer/Judges' offsprings becoming HIgh Court Lawyers/Judges, and Supreme Court Lawyer/Judges' offsprings becoming Supreme Court Lawyers/Judges, we can see in India. If they hold ordinary LLB Degrees awarded by Government Universities, it may become difficult in future, to justify their appointment as High Court and Supreme Court Judges, or Attorney Generals, Solicitor Generals, Advocate Generals, or Senior Advocates to represent Corporate Groups, on the ground that they hold superior skills when compared to others. There is an English adage: Some people are more equal than others.

There is also a Telugu verse from the 15th Century Telugu poet Vemana:

uppu kappurambu okka pOlika unDu cUDa cUDa rucula jADa vEru purushulandu puNya purushulu vErayA viSvada abhirAma vinura vEma.

Approx. Engl. gist: Salt (uppu) and camphor (kappurambu) look alike (okka pOlika nunDu). But when tasted, they show their differences and variances. In the same way virtuous persons and ordinary persons differ.

In this context, who are going to be the virtuous persons here? Private University Law Students? Who are going to be the ordinary persons? Government University Law Students? Private Universities, Private Corporates, seem to think that Oratorial Skills in English, Tip-top dressing (Remember the jibe of 'suit boot circar jibe' made by Rahul Gandhi. It applies not only to himself and our Hon. Premier Narendra Modi, but also to all elites in the society), are going to become deciding factors in deciding on efficiency of Advocates and not legal acumen. We should not forget that language is only a tool. A brief, clear, decent, effective, good expression and communication will definitely help a legal communication to become comprehensible for all. But that alone will not make legal notices, reply to legal notices, plaints, counters, judgements, etc. truly people-oriented.

IN APPOINTMENT OF JUDGES IN US., EXECUTIVE EXERCISES A MORE DECISIVE ROLE, WHEN COMPARED TO APPOINTMENT OF JUDGES IN INDIA, UNDER THE COLLEGIUM SYSTEM

Consequently, the American Judges seem to be more biased and committed to their political mentors. This phenomenon can be seen in the anti-Trump arguments, made by Attorneys and Attorney Generals, and the Anti-Trump judgements pronounced by American Judges. They seem to have a tilt towards the Democratic Party. In India, Indian Judges, most often seem to have their own minds, idiosyncrasies, and vicissitudes, but definitely less committed to their political mentors, with the exception of a few. This aspect, Shri SS Rama Rao Pappu, the Professor of Philosophy at Miami University, ought to have highlighted.

This is a 1000 page subject. A lot more pages are to be added. To continue. सशेष. ఇంకా ఉంది.