Legal order should adapt to change: PM

Calling the rule of law “the sheet anchor of democratic rights and a just society”,Prime Minister Manmohan Singh on Sunday said the legal order must constantly adapt itself to change in a fast-changing world. “That is the only way it can retain its relevance. In this context,the role of courts and judges in making law an instrument of social stability and progressive change cannot be over-emphasized,” he said while inaugurating the 17th Commonwealth Law Conference at the Hyderabad International Convention Centre here. The PM said constitutional democracy with an unwavering commitment to the rule of law was the best choice for emerging economies. “The theme of this conference,Emerging Economies-Rule of Law Challenges and Opportunities,is specially relevant today when a new global architecture is taking place and there is restlessness in the air in many developing countries. The ability of emerging economies to be a partner in shaping the new international order in the 21st century will be determined to a large extent by the choices they make with respect to their systems of governance as well as the legal and institutional structures they devise for enforcing the rule of law,” he added. Singh maintained an irrevocable commitment to democracy based on the rule of law remained the proudest achievement of the Indian state since Independence. “Our understanding of the rule of law as the sheet anchor of democratic rights and a just society is inextricably linked to the preservation of individual liberty and freedom of all our citizens,” he said. In his address,Chief Justice of India S H Kapadia advocated relief to the deprived sections. “Equal access to food cannot be given. You cannot have access to all in a population of one billion but those who are below the poverty line can have it. Basic amenities,basic social goods can always be provided and in that we can balance it with development. At the same time,we can help the common man,” he said. “It is the paramount duty of judges to adopt an approach in interpretation which enhances social welfare.” “After financial meltdown in even western countries,jurisprudence is taking a different view than what it used to take in the past. They are now saying we should refigure and revisit welfarism which is called reconfiguration of welfare rights and which is also called reconfiguration of discrimination laws,” he added. The CJI urged Singh to consider introducing Indian Regulatory Service on the lines of the Indian Administrative Service and Indian Police Service. “This is very important step because we need experts. You can’t have a commissioner of income tax sitting in the Securities and Exchange Board of India deciding certain matters. We need experts in regulatory laws by which the common man will get the benefit,” he said.