Laws Must Be Simplified, Says Justice Madan B. Lokur

Speaking at the BW Legal World Global Legal Leaders Summit 2023, Justice Madan B. Lokur, former judge of the Supreme Court of India said that legal profession must emphasise on simplicity. 

"As the laws are complex, some of the issues that arise are also complex. If laws are made simpler, they will be easier to understand and apply by even lawyers," Justice Lokur said.

Justice Lokur explained the phenomenon of complex laws by stating that there are different interpretations of the same provision of the Income Tax Act by different High Courts of the country.

He also highlighted the issue of voluminous contracts and plaints. Speaking about extremely lengthy judgments, Justice Lokur said that nobody except law professor reads such judgments.

Lokur noted that, "Lawyers will make more money if laws are complex but we need to simplify the law for the people. Simplicity will prevent abuse of the law."

Justice Lokur cited data from the National Judicial Data Grid which said that India has crossed 50 million cases. Noting that such a high number of cases will take decades to resolve, he suggested the simplification of the law was the need of the hour.

"Lawyers are not only the officers of the Court but they also represent the society. They have a higher duty towards society," Justice Lokur added.

Citing an instance from Fiji, where Justice Lokur is one of the Justices of the Supreme Court, he stated, "In Fiji, one of the lawyers asked for a day's adjournment in his case. Judges set conditions that the costs of opposition lawyer, who had come from New Zealand had to be born by the party seeking adjournment. The lawyer agreed and the cost was paid."

Justice Lokur said that adjournments are taken for asking in India because there is an immense number of cases and there must be enforcement of some discipline.

Justice Lokur also commented upon the need to learn from other jurisdictions. He stated that in the Supreme Court of Fiji, the arguments are very short and concise which saves precious judicial time.

"Indian lawyers need to have an outreach for the global good and showcase their talent in every possible sphere or domain," Justice Lokur said.