IN THE SUPREME COURT OF INDIA. EXTRA-ORDINARY ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. OF 2020 (PIL) (Under Article 32 of the Constitution of India) PUBLIC INTEREST LITIGATION THE MATTER OF: DR. SUBHASH VIJAYRAN (ADVOCATE) ..-PETITIONER ‘VERSUS 1. UNION OF INDIA, Through its Secretary, Ministry of Law & Justice, R.No. 405-A, A Wing, 4th Floor, Shastri Bhawan, New Delhi- 110001 Ph: 011 — 23384617, 23387553; E-mail: [email protected] 2. BAR COUNCIL OF INDIA, Through its Chairman, 21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi- 110002 E-mail: [email protected], [email protected] Ph: 011- 49225000, FAX: 011-49225011 3. SUPREME COURT OF INDIA, Through its Secretary General, Tilak Marg, New Delhi-110002 Ph; 011-23388922-24, 23388942; FAX: 011-23381508, 23381584 E-mail: [email protected] «. RESPONDENTSFUNDAMENTAL RIGHTS VIOLATED: ARTICLES 14 & 21 OF THE CONSTITUTION OF INDIA To Hon’ble The Chief Justice of India and his Associate Justices of The Supreme Court of India. The Writ Petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH: 1. This is a Writ Petition [PIL] under Article 32 riw Articles 14,21 & 39A of the Constitution of India, praying for writs/ orders/ directions facilitating Access to Justice by the common man by use of Plain Language and by placing page limit on pleadings and time limit on oral arguments before this Hon'ble Court. 2. Antecedents of the Petitioner & Statements/ Declarations: B.1 am filing this petition under Article 32 of the Constitution of India as Public Interest Litigation in the interest of general public and have no personal interest in the same.3 C. Lam filing this petition on my own and not at the instance of someone else. The litigation costs including travelling expenses are being borne by me. D. I have not filed a similar matter seeking the same relief before this court or any other court of law. E. I give my consent for the matter to be taken up through video-conferencing mode. I shall prefer to link to the Hon’ble Bench by video-conferencing through my own desktop/ laptop/ mobile phone. In case of any technical glitch in Video-Conferencing, 1 consent — for teleconferencing by WhatsApp Audio or Video call on any of my numbers i.e. 3. FACTS CONSTITUTING THE CAUSE OF ACTION: A. The writing of most Lawyers is: (1) wordy, (2) unclear, (3) pompous and (4) dull. We use eight words to say what can be said in two. We use arcane phrases to express commonplace ideas. Seeking to be precise, we become redundant. Seeking to be cautious, we become verbose. Our writing is teemed with legal jargon & legalese. And the story goes on. B. For whom are the Constitution, Law and Legal System for? For the lawyers? Or the judges? Or — most important, but often neglected — The Common Man. C. Yet, it is the common man who is most ignorant of the system — in fact quite wary of it. Why? Because he neither understands the system nor the laws. Everything is so much complicated and confusing. The way laws are enacted, practiced and administered in our country violates the fundamental rights of the masses by denying4 them — Access to Justice. “Speedy Justice’ and ‘Legal Awareness’ are the two, out of the many, facets of Access to Justice. SIMPLIFY THINGS - USE PLAIN LANGUAGE |. The Legislature & Executive: The legislature should enact precise and unambiguous laws, and as far as possible, in plain language. A guide in Plain English and in vernacular of the laws of general public interest should be issued by the Government ~ explaining the law and its application — in easy to understand language. Further, all rules, regulations, notifications, communications ete., drafted and issued by all branches of the Government — that are of general public interest ~ should be in Plain Language. Here, I will like to appreciate the good work that the Department of Justice is already doing in spreading legal literacy among the masses. |. The Bar Council of India: The Bar Council of India should introduce a mandatory subject of “Legal Writing in Plain English” in the 3 year and 5 year LL.B. courses — where law students are taught to draft precise and concise legal documents in Plain English — so as to enable our legal manpower in providing Access to Justice to the masses. . The Supreme Court of India: \t is time the standard of pleadings filed in the Supreme Court is mandated to be of the highest quality. Lawyers need to put in extra efforts to make their pleadings clear, crisp, concise & accurate. A5 page limit for pleadings and time limit for oral arguments should be imposed. Too much of precious time, energy and resources of both the Court as well as lawyers/ litigants are wasted due to badly written & verbose drafts and ad-nauseam oral arguments. G. Speech of Hon’ble Minister of Law and Justice on “Making India: Role of Empowering Citizens with Legal Awareness” delivered at Kochi, on 15.01.2016 is annexed as Annexure: P-1 (pages 15 to 19). H. On 04.06.2020, I sent a representation to the Respondents. Its copy is annexed as Annexure: P-2 pages 20 to 23). I. An article from Plain English Campaign, titled, “Drafting in Plain English” is annexed as Annexur P-3 (pages 24 to 28). J. Article titled, “The Plain English Movement” is annexed as Annexure: P-4 (pages 29 to 33). 4. Source of information: ‘A. (1) My personal experience as an Indian Lawyer (2) Going through online resources on various legal systems (3) You Tube videos, on-line news items (4) Website of this Hon'ble Court. B. I have personally verified the information by cross- checking the information on the websites of respective6 courts and also cross-verified by the information from multiple independent sources. . Details of remedies exhausted: I have sent a representation dated 04.06.2020, via e-mail to the Respondents. The nature of issues in this PIL is such that they would require directions by this court, As such there are no statutory and/or other remedies left to be availed. . Nature and extent of injury caused or likely to be caused to the public: The common man is ignorant and wary of our legal system. His fundamental rights are infringed by its complications and delayed delivery of justice. . Nature _and_extent_of personal interest, if any, of the petitioners: I have no personal interest except than to uphold the rule of law. . Details regarding any civil, criminal or revenue litigation, involving the petitioner or any of the petitioners, which has or could have a legal nexus with the issue(s) involved in the Public Interest Litigation: No such litigation, past or present. . Whether issue was raised earlier; if so, what result: ‘A. I declare that the issues raised in this petition were neither dealt with nor decided by a Court of law either at my instance or, to the best of my knowledge, at the instance of any other person.7 B. I declare that in no P.LL., any cost has been ever been awarded to or imposed upon me, and no appreciation or stricture has ever been passed for/against me. 10.Whether concerned Government Authority was moved for relief(s) sought in the petition and if so, with what result: | have sent a representation dated 04.06.2020, via e-mail to the Respondents over the issues raised in this petition. The nature of issues in this petition is such that they would require directions by this court. I declare that I have availed all statutory and other remedies. No reply has been received as of date from the respondents. 11.GROUNDS: ‘A. As held in catena of judgments of this Hon'ble Court, Access to Justice is a fundamental right being a facet of Article 14 read with Article 21 & 39A of the Constitution of India. ‘Speedy Justice’ and ‘Legal Literacy/ Awareness’ are facets of Access to Justice. [Refer Judgment dated 19.07.2016 in Transfer Petition (C) No. 1343 of 2008 (5 Judges Constitution Bench) in Anita Khushwa v. Pushpa Sadan for detailed discussion on Access to Justice as fundamental right and compilation of Case Laws on the subject]. B. For the population to access justice, they must understand their rights and the means for claiming them. For most people, the laws and the formal justice system are alien institutions they fear or do not understand. Legal awareness helps counter this misunderstanding and promote Access to Justice. Messages should be in plain language for easy understanding of the citizens.