If There is a “Commission of Clarity” where a person complain about any ambiguity in circular or resolutions, the complain can be checked. Even if such a commission may only have recommendatory powers, it can resolve many service related disputes.
So far as Central Government is concerned, it can certainly set up such body without need of Any Bill or Act in Parliament. Since it is for internal clarification department, no need for any clearance from judiciary to set ups such body. Even Judiciary can ask litigant to firsts approach CLARITY COMMISSION to seek clarifications. These could rapidly reduce arrears of cases also.
Some of you might be looking for a weapon of mass destruction of corruption, for removing corruption from India. This Clarification Commission can clarify such circulars so that breeding of corruption may stop.
Since, the Set Up can be to assist Government, the Government should not have any hurdle in setting up such commission.
Secondly some days ago, I put a blog post, “Is Lawyer a necessary? Lord Denning asked” .
Here, you may find answer to this question also.
Why Every Lawyer in This Country is a necessary?
About 50,000 laws, Rules, Circulars, Regulations etc. are slapped on us. If you are found to have violated any of them, you are liable to pay penalty or go to jail. Many businesses and families are destroyed by violation of some law about which they never even heard.
If you go in court, and plead to court that “No one ever told me about this law If anyone had given me even a hint about this law, I would have obeyed this law. Please give me one more chance to obey this law.”
From Trial Court Judge to Supreme Court Judge, every judge will reply,” We are sorry to hear this. But Ignorance of Law is no excuse. We will have to punish you and send you to jail, or destroy your business, in accordance with law.“
Drafts man has drafted these 50,000 laws ‘Not to do good to people’ but with sole object of “Increasing CORRUPTION” in India.
These Rules and Laws are drafted in such a way, that You cannot understand them, even if you had a copy of Rules.
Let us take look at the provisions of recent FINANCE ACT. (Budget).
Neither lawyers, nor judges are able to read and understand it at first glance!
A friend on twitter, drew my attention to certain provision. I was also not able to understand it.
There were mistakes of English grammar also.
A twitter friend, pointed out to me, a provision which could be a “Mother of Crores of Corruption”
Simply because words.”to” and “and” are written side by side, without putting a “Comma” between the two words.
This will lead to lots of cases and disputes in future, and the High Courts and Supreme Courts will take many many year before they will be able to decide, “Whether there should have been a comma, between words “to” and ‘and”.
So this one answers to question “Why Lawyers are necessary?”
If you have to understand any of these 50,000 laws, you will have to go to a lawyers. If you will go to Judge, he will say, “I can’t say. Please consult a lawyer.”
So Lawyers are Supreme in India. And not the ‘Supreme Court Judges” as it is commonly understood.
Lawyers in this country deserve more respect than they are being given by Society and the Judges.
Cricketers and Film stars can entertain you. But only lawyers can save you from 50,000 legal traps laid down around you.
There was a time when Lawyers were so respected, that even a Prime Minister has to ask for appointment of a lawyer. And the lawyer could refuse him appointment by saying that, “Not today. Today evening I am going with my family to see film ‘Three Idiots’. Ask for my appointment on Monday and my secretary will give you time.”
Such was the respect for Lawyers.
Now I am about tell you something which I am not supposed to share, but I am sharing this only to strengthen your understanding of lawyers.
Some years ago, private secretary of a Sitting Judge called upon me. He said, Lordship wants to meet me as and when I may have time any day! I was shocked, a private secretary of a sitting Supreme Court judge was asking for an appointment on behalf of Judge, and he was asking for my convenience ??
I replied, there is no question of my convenience. Anytime, their lordships wants to meet me, they only need to tell me. I will come them. They need not come to chamber of poor lawyer like me.
This was only a personal matter. Judge wanted me tell him meaning of something I had written about him. Rest is private things which are forgotten.
But the point here is lawyers are very very important. There are countries where at major public markets, sign boards read,“Parking Area Reserved Only For Lawyers”
I think lawyers in every big city should refuse to defend cases relating to Chief Ministers, unless special reserved parking place for Lawyers are made at leading market places.
This will instantly enhance respect of people towards lawyers, and in return, lawyers will give people best Rule of law.
And, now look, how lawyers in our country are treated! Your every step in your maze of life is bound by 50,000 laws. Only a lawyer can help you pass through this maze. And yet the lawyers look so poor and miserable!
This is all about why every lawyer in this country deserves more respect.
SECOND ISSUE: What is the weapon of mass destruction of Corruption?
Somewhere in 2008, I read about “Commission of Clarity” active in some foreign country. I immediately wrote some letters for need for such commission in India.
The function of Commission is to receive complaint that certain circular, certain law or rule are vague, complicated and are not written in “Simple English Which A Layman can understand”
The Commission will take up the issue. The complained “clause or words will be simplified”. It will prevent lots of litigation and corruption.
It is like killing the Demon of Corruption at embryo stage itself. This is simple matter. Neither UPA Government or NDA Government can oppose setting up of such commission.
The only question they will ask is, “How much vote we will get in next election if we promise setting up of such commission, and how much our votes will be lost, if we actually set up such a commission?”
We need to give them answer to this question before we ask them to set up such commission.
Haresh Raichura
15/04/2012
Haresh A. Raichura 
Sir regd lawyers. Respect has to be earned, you cannot demand respect. I have respect for lawyers like you but my views are contrary to yours.we don’t need lawyers what we need is truth. Who cares what a bunch of dead/alive lawyers and bureaucrats think anyway?Anyone familiar with bureaucrats knows it’s not necessarily the opinions of dead/alive lawyers that’s the problem; if s usually the bureaucrats trying to ram those opinions down your throat at the barrel of a gun that s the problem.Why would anyone care what a bunch of dead lawyers wrote 60 years ago if there wasn't any physical violence behind it today? After all, with enough physical violence behind it, anybody could force anyone to accept anything as the "law." If a gun is put to your head, then anything the individual with the gun says is now "the law."The point here is that it s not so much the written word that’ s the "law" to be obeyed, its the physical violence backing the bureaucrat s whims at the moment – m.stevens
Dear Nikhil, Suppose I agree with all what you say.Where does this lead us to?There are two question one can ask repeatedly to ourselves, till we get some useful answer;1) What do I want? 2) Does this help in getting what I want3) If this article does not help you, I think it is better to ignore this article and search for something that may help us.
Sir please let me elaborate my point. We need judicial system only to oversee if there is a breach of somebody’s life,liberty & property.what we see today is 95% of laws are made to extort money from people pockets what is known as victimless crimes eg:- income tax laws, traffic challans, anti drug laws etc I think you get the drift.lawyers/judges lives in abstract world when challenged on facts they tend to get upset.look at this practicing law without license.suppose tomorrow all electricians made union & come up with a concept called practicing electricity w/o license & whomsoever found even changing a fused bulb of his neighbor should be thrown into jail.would you consider this fair? I never met a lawyer who told me you don’t have to pay income tax or traffic challans or pay back your bank loansl. What do I want? I want that people of this country should be entitled to their fruits of labour & if state comes to steal them lawyers should help people rather than helping govt.sir honestly let me know when a lawyer announce in court “ your honor I represent the state” deep down do they ever realize that they are committing fraud/lying. Does this help in getting what I want. When people read this post they will start thinking & they will investigate whether it has merit or not.at the end truth will prevail that is my belief.
In both view points there are truths. Those down in the line of bureaucracy are the ones who normally draft the acts which later gets voted to become laws. There was a story which got reported in the media when the central govt amended the Contributory Provident Fund (CPF)act to introduce the pension fund scheme for industrial workers. Many workers' unions protested, but the govt passed the law with Mr Sangma taking the lead as the Union Labour Minister. The background of the story was some thing like this. In Delhi, the govt official in labour ministry was neighbour to a PSU officer and the both used to discuss and compare their salaries and retirement benefits.While on such a discussion the govt officer discovered that his neighbour is going to get a huge amount when he retires as lumpsum from his accumulated CPF and perhaps would get a higher amount as interests from that which would be comparable to the pension that he would get. Thus the PSU fellow would have a regular monthly income plus a big corpus fund in the bank. He became jealous of his PSU neighbour and did all that he could to make the CPF system not to make such gains for the industrial workers. The effect was the goverment sponsored amendment. I remember reading the news at that time about the manner in which Mr Sangma was defending all criticisms and was pushing the bill to get passed. Later Sangma became ex-minister and when he was asked about his role in passing this worker unfriendly bill, he candidly admitted that he had not studied the amendments that were drafted by the bureaucracy !