Studying law is not a piece of cake and certainly not everyone’s cup of tea. Students who have enrolled themselves in law, know how challenging it is to understand the judicial structure of our nation. Students gradually realize that to become a good lawyer, they need to have a thorough understanding of the judiciary as well as the constitution. One of the pioneers of legal studies with 26 years of experience, Dr A B Kafaltiya, has helped students understand the nitty-gritty of law and the legal system. Dr A B Kafaltiya’s field of work is mainly in Administrative and Constitutional Law domain.
Dr A B Kafaltiya has been associated with Universal Law Publishing and has written books on interpretative methods of the judiciary, principles followed in the drafting, pleadings and the conveyancing of the law and the important features of administrative law. He has also published over 16 research papers which includes important legal case studies and can be extremely helpful to someone who has or aims to build a career in law. He has also received the Best Teacher Award from the Invertis University. In the past, he has been appointed by different examination bodies and Public Service Commissions.
Professor Kafaltiya successfully completed his graduation from the University of Delhi in 1983. After that, he pursued his LL. M from the prestigious Ruhilkhand University, Bareilly. Thereafter he did his LL. M. in 1988, and went on to do his PhD from the Kumaon University, Nainital in 2002. He also practised as a lawyer for nearly seven years before taking up teaching as a profession in 1989.
After embracing the legal profession, he continued to conduct several seminars on the legal system of our country. He is a pioneer in Constitutional Law, Law of Interpretation, Judicial Process, and Professional Ethics. He has also written several books on the same subject.
He is currently associated with the Invertis University, Bareilly as Public Information Officer.
Here’s is an exclusive from our one-on-one conversation with Professor A.B Kafaltiya, the man who has been helping the law students grasp the vastness of legal studies for over a decade now. Professor A. B Kafaltiya gives us an insight into the present scenario of the legal system of India. He also throws light upon legal studies and how students can train themselves to become better advocates.
1) You have a vast experience of 30 years. What changes have you seen in the judiciary system in these years?
The judicial system of India is facing shortages of judges and appropriate infrastructure. On certain points, the judicial appointments based on the collegium system were questionable. Fair appointments to the judiciary are must for a sound democracy.
2) Administrative law and Constitutional Law is your domain. With your experience can you tell us under what specific conditions does the law undergo modifications under these two domains?
Law declared by the Supreme Court is binding under Article 141 of the Constitution of India. This is an informal method by which the law may be modified to apply present circumstances, to deal with the present social, economic and political dimensions.
3) You have written books on Administrative law and Interpretation of Statutes. You have also been teaching students who aspire to become lawyers. What according to you is the major challenged faced by these students in their legal studies nowadays?
The legal studies demand regular classes and training. Professional courses, like Law, requires regular attendance by the students. Several law colleges recognized by Bar Council of India are not regularly running these courses. At Invertis University, we have regular classes of 3 years and 5-year law graduation, LL.M. and PhD Courses. In the Private sector, I think the faculty is not well paid, therefore, scholars, academicians, good teachers are unavailable. The major challenge to legal education is the student participation in legal discussions, attending classes and access to a well-equipped library. Most of the students are reluctant to study regularly.
4) How do you think the Administrative law of India change in the next 5 to 6 years?
I would like to say that for becoming a successful lawyer one must have an aptitude of constant research, to look for relevant laws that pertain to the case which he or she is representing. Legal knowledge-substantive and procedural both- requires constant work. Preparedness for advocacy personality-wise requires determination and courage. A legal counsel has to appear before the courts and present a strong argument for their case. It is an interesting job, but one that requires a lot of perseverance.
5) How will you guide the budding lawyers to become successful advocates and uphold the integrity of the judicial system of India?
Unless corruption is curbed nothing new can be achieved in administrative law. It is primarily based on the application of fair, just and reasonable principles for addressing public/ private grievances. New trends, such as the establishment of Lokpal Institutions may have a larger role in the coming years.
6) What according to you are the major loopholes of the Judicial system of India in terms of Administrative law and Constitutional Law?
There are complaints against the appointment of judges to the senior judiciary. In lower judiciary there is corruption, sometimes justice has to be purchased. The long delay in disposal of cases is another reason which lets down the institution.
7) According to you, what qualities must an advocate possess so that he or she can do justice to the legal system of India?
An advocate must possess the knowledge and should have a concern with the problems of society under the democratic system. A lawyer must be concerned with contemporary issues and try to solve them through the distributive justice system.
8) How do you think the problem of several thousand cases piled up in the courts of India can be resolved with utmost efficiency?
I think that it’s high time we proactively fill vacancies in the judiciary. The Government is responsible for filling up these vacant positions of judicial officers. It should certainly provide more manpower to reduce pilling up of cases. This is also a very good opportunity for students pursuing law. High vacancies in judiciary directly mean more job prospects in this field.