"Intolerance is intolerable", that's the simple maxim that the country's foremost constitutional lawyer Fali Nariman puts forward when it comes to the intolerance debate. But, when it comes to the problem of delays in Indian courts, he has a very practical solution. He says: "I don't see why we don't have a system now where we can draw on leading lawyers at the Bar in High Courts. I have been pleading with Chief Justices of India, law minister that request top ranking council in High Courts — please come on the bench atleast for a while, maybe a letter from the prime minister saying that your services are needed, and you will be amazed with how much he can deal with and dispose off because a man or woman with practice at the Bar is able to dispose of a case in 1/10th the time than a person with little or no practice."Below is the verbatim transcript of Fali Nariman’s interview with Aayush Ailawadi on CNBC-TV18.
Q: How do you propose solving the problem of delays in Indian courts?
A: I do not see why we do not have a system now where we can draw on leading lawyers at the Bar and High Courts particularly. I have been pleading with Chief Justices of India, Law Ministers that request top ranking council in High Courts to please come on the bench at least for a while. A letter from the Prime Minister that your services are needed and you will be amazed how much you can deal with and dispose off.
Because a man with practice or a woman with practice at the Bar is able to dispose off a case in one-tenth of the time of a person who has no practice, or has little practice. And I hope that the new collegium etc. will choose well. We only hope of course but there is no other way. Otherwise you get all the favourites of one or the favourites of the other.
Q: In the country there has been this whole debate going on which is really clogged the media space on intolerance. What are your views on that?
A: Intolerance is intolerable. And my remedy for it is, speaking off the cuff, is all majority governments are intolerant. The Congress government when it had absolute majority was as intolerant. They were intolerant on personal liberties, as you remember, and they wanted to in fact take away certain rights which were given. Now we have intolerance in a different form with a religious streak introduced in it. So there are various forms. So I prefer that 20 year period which we had of coalition governments, because you find intolerance levels lowest in the time coalition governments and you find them highest in the time of majority governments.
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