Lawyers Role in Globalised Economy
Dr. E. M. Sudarsana Natchiappan MP
Panel Vice Chairman, Rajya Sabha
Sr Advocate Supreme Court of India
It is a great pleasure to address the Lawyers of Indian Human Rights Federation in the YMCA in the back drop of the ancient Chartered High court of Madras and one of the oldest Law colleges in India, the Madras Law college and now called as Dr Ambetkar Law college. I am reminded of the days fourty years before this day I graduated in this prestigious Madras Law college and enrolled in Tamilnadu Bar council of India and argued in this ancient High court of Madras.
The Law Profession and nobility
The Law profession used to be called as noble profession. The robes symbolises the religiousness, unattached commitment to the cause and greatness of the profession as a Mission with divinity. ‘Lawyer’ is a creation of statute of the Parliament to advocate the others need and protect and enhance the Justice. Hence it is noble and honourable profession. More so same professional fills the third pillar of Constitution of India and democracy – the Judiciary. Therefore it is the only profession which stands nearer to the citizens to protect the rights and duties and the constitution from and through Parliament, Executive and Judiciary. Now this profession got “vishwarupa” as International Lawyer to protect the world citizens and the United Nations Charter, International Human Rights, International Court of Justice, International Criminal Court, World Trade Organisation and such otherorganisations and Institutions created by comity of Nations by covenant, conventions and agreements. Hence role of the Lawyer in terms of philosophical ‘ sky is the limit’ – is the real oppourtunity one can enjoy as professional.
Municipal law- State Law- National Law -International Law:
This is the order of the evolution of law. Now the reverse is happening as the law of nature more than two ways , multi ways . The International laws, covenants, conventions and agreements followed by such regional bi- lateral and multilateral obligations decides the National, State and municipal laws. To put the matter in simple terms , we are world citizens and bound by world law. This is the great change of law of jurisprudence and law of jurisdiction . The world Trade Organistion allows multi ways of movement of goods,finance and all services of signatory countries. The digital high ways makes the world citizens to learn , practice and enjoy the new world of opportunity. The present situation can well be described as mythological descriptions of Naradha who can move without the help of any vehicle to reach Sky or pass through water bodies or goes underneath the earth.,and learn or practice as one likes.
Are we enjoying this new world :
The datas reveal that Indians are occupying many of the high positions and high posts in different countries in various capacities because of their hard work and talent . Then why the resident Indians are hesitant and delay the connectivity to international opportunity sitting in India?The answer is very simple that human civilisation has recorded that alien civilisation were resisted by any socity initially as part of protectionism. But the history says that Indian civilisation is the one ,which has greatest adaptability and novelty of acceptance of others ideas and imbibe as part of their life and many a times convert it into their own and give more to others to enrich others. Then what can be the other reasons for hesitation. Is it I’ll preparedness . The Indians are said to be quick learners in the evolution of human civilisation . Therefore let us start our preparation and learn through the high way digital technology rather than blaming and agitating against the vegaries of nature in social change and world of invasion in modern warfare of commercial battle.
Indian Corporate sector and Multinationals:
It is a strange phenomena to observe our Indian corporates who are gradully becoming acquirers of Companies in Europe, USA and Africa leaving the space of Multinational Companies in India. More so Indian corporates invest in China and other Afro Asian countries for manufacturing but trading in India . This attitude makes the placement Law consultancies of Multinational companies in India very secretly. The Indian Advocates association is agitated for loosing their field even today to attract the attention of the Government by calling for boycotting courts by self inflicting injuries to Indian judicial system. It is the duty of every Lawyer to protect the interest of the profession. This profession is also becoming “service industry ” in terms of international commercial vernacular. The nobility can be in the way of presentation and behaviour of professionals but this profession is also subjected to market driven economy. This tsunami of market economy can leave an island of Legal profession in safe high ground.
As one can understand that the Multi national companies fully depend upon the International Law Consultancies who are well equiped for domestic Municipal laws, State laws and National laws , for initiating any investment in any such country. The Indian lawyers are much attracted in such International Consultancies for better salary in India itself. Because they feel that majority of arguing lawyer market is in the hands of few Senior Lawyers who are Woking on case by case basis and sharing minimum to fresh comments and Juniors. The other towns and city lawyers wre not exposed to new opportunities as Indian Enviornment is of secrecy rather than transparancy because of fearing the market. I feel to give a piece of example case to illustrate this proposition. :
Sample work for MNC in International Law Consultancy:
If a Multi National company wants to invest in Thoothukudi in Tamilnadu for establishing a factory on food processing they will engage an International Law Consultancy to prepare a report on land laws, price, registration process, agricultural laws, government policies,labour laws, labour wages, material costs ,cost of purchase of goods , engaging the contractor, training the skilled people , professionals , customs, Excise, Income Tax laws , Sales Tax , professional Tax, Toll gate and the Minicipal laws , State laws and National laws in all theses aspects in addition to market system , multi nodal transport system such road,rail, air and sea. Every thing will be outsourced according to the requirement. The dispute resolution preferably by arbitration rather than court as they assess the India Judiciary is architecturally well established but procedurally unfriendly to business of this modern world because of huge delay in dispute resolution.
This chain of lawyer- consultants are filled up by laymen as real estate brokers, labour contractor, power brokers, petty politicians , black marketeers ect. These type of people are unknown to MultiNational Companies since they want to earn returns on legal way .But in practical terms the real estate brokers through out shores of Tamil Nadu purchased land for huge money on power of Attorny attested by Notary to avoid registration charges and stamp duties and waiting for Law consultants for registering sale for much more price to get high margin for them. If the expected legal method and transparancy in dealing with every stage of investment by proper regulatory mechanism government can get good taxation revenue and price rise could have been controlled. This now gradually applied by new Company law and other allied legislation. Law Consultants in other countries are doing research and lobby for changes in law to facilitate for better commerce .
This example will give the segment of opportunity for various specialists. One glaring part is the arguing lawyers are missing in the chain. Hence there is no need of fear for arguing lawyers of loosing cases who are tied up on different courts on individual litigations for long years on part payment without knowing the date of completion of litigating period in years together some time bequeathed to hires – the litigation as pending suits or appeals.