Address by Hon’ble Mr. Justice Dipak Misra Former Chief Justice of India on the occasion of the First National Moot Court Competition
Organized by Amity University, Chhattisgarh
(15th November to 17th November, 2019)
Justice Bhaduri, Justice Agrawal, Justice Gautam Chourdia and other dignitaries on the dais, Members of various faculties, friends from the Electronic and Print Media and my dear young friends.
Mooting, without exaggeration, can be said to serve a very substantial aspect of legal education. It assists in preparing future lawyers and enable students to think like a lawyer. The art of thinking like a lawyer is an important objective of legal education and is further sharpened with the development of ‘case method’ of teaching that was introduced by Christopher Columbus Langdell of Harvard Law school, who placed great reliance on law school teaching through Supreme Court decisions. The case method has influenced teaching of legal education all over the world and has become instrumental in development of mooting which has become an integral part of modern legal education. It has great significance in the field of legal education.
“Mooting” is an exciting opportunity to get oneself acquainted with variety of issues. It is, in a way, reflection of innate intellect of youthful enthusiasm. The preparatory work of moot involves reading, analyzing and researching the law surrounding the given problem. The major part of moot revolves around preparing the written memorial and presenting it before the judges. It enhances skills in reading, writing, listening and legal research. It enables the students to develop and defend an argument and substantiate the same by in depth researchof law and articulated advocacy. It also helps to strengthen other skills such as teamwork, problem solving, ability, quick thinking and public speaking.
That apart, the Moot Courts make students friendly with “real world” legal issues. Moot courts aim to teach law students the techniques andprocesses the real lawyers need. Mooting is intellectually exciting and a great practice of excelling in the field of lawyering.
Another great benefit of a moot court is that it requires the student to explain a case to a group of relative strangers which reduces a student’s initial nervousness and builds up his confidence. The students learn the nuanced facets of law practice only when they formally take the plunge into the legal profession but mooting undeniably teaches at least careful listening to the arguments of the opposite counsel, respectfully submitting one’s arguments and the discipline of working in a team.
Having said about the benefits of mooting, I intend to focus on the aspect of the attitude, temperament and the nobility attached to this profession. First, all of you have to remember that knowledge can make you powerful.Our ancients had said:
“Vidya GurunamGuruh”
This knowledge can only be acquired from focused reading and concentrated learning. Your teachers endeavor hard to impart knowledge to you. In addition, it is your sacred duty to cultivate the same by individual industry. Therefore, it has been said:
“swadhyat ma parmadhabichuta”
It means never deviate from the path of ‘swadhya’, i.e., self-study and self-cultivation of knowledge.
The self-study especially in law can be really fruitful if a student of law gets acquainted with the books which really apprises one about the precedents. Albert Conway, while talking to young lawyershad said:
“I have always told your men who were law clerks for me that you cannot learn law by talking. It is in the books. They tell a story of former Chief Judge Cullan, of my court, that when there was a very difficult case, and after every judge at the consultation table had expressed his views, and the proper decision still seemed difficult to reach he would slap the consultation table and say “back to the books!” Law is not in your tongue, it in the decisions of the courts and in law books, generally. There is so much difference between the arguments of a lawyer with a disciplined mind who sees clearly what he has to establish, and then seeks to do so from the record presented, and the man who does what we refer to colloquially as “talking all over the lot.” It is so easy to tell a good lawyer in a few moments by listening to him.”
Understanding of law requires one to sharpen one’s brain, sensitized the heart and skillfully use one’s hand. To put it differently, one is required to have the head, heart and the hands working in synchronization. One has to develop one’s talent because it depends upon oneself. William Hazlitt, one of the famous English writers tells us,
“Talent is the capacity of doing anything that depends on application and industry; it is a voluntary power, while genius is involuntary.”
To move your talent on the path of progression, it is essential that the knowledge i.e., ‘Vidya’ can make you different kind of intellectuals and you can achieve many things in life. I, would suggest, apart from being astute in law, you should also spend some time in reading history, philosophy, literature, psychology and other subjects. It would make you a complete lawyer. In this context, I am reminded of what Felix Frankfurter, wrote to a Young Man,
“No one can be a truly competent lawyer unless he is a cultivated man. If I were you, I would forget about any technical preparation for the law. The best way to prepare for the law is to be a well-read person. Thus, alone can one acquire the capacity to use the English language on paper and in speech and with the habits of clear thinking which only a truly liberal education can give. No less important for a lawyer is the cultivation of the imaginative faculties by reading poetry, seeing great paintings, in the original or in easily available reproductions, and listening to great music. Stock your mind with the deposit of much good reading, and widen and deepen your feelings by experiencing vicariously as much as possible the wonderful mysteries of the universe, and forget about your future career.”
You may note with profit that “Vidya” has been compared with “kalplata”. It has been said:
“kimkimnasadhayatikalpalteb vidya”
When all of you become law graduates and when you join the field of litigation or take up any other assignments you are obligated to remembercertain things. They are:
I. You should always be intellectually honest and give disinterested advice.
II. You must always stand up in defending the lawful rights of an individual.
III. You should behave like a lawyer whose conduct would be reflective of service orientation.
IV. You should stand committed to the nobility of profession and assist the Courts in development of law.
V. Your advocacy should be focused on a rational infrastructure and not on dramatics.
VI. You should gain leadership qualities in the profession remaining unselfish.
VII. You should stand for the cause of justice because she expects you to defend her.
In conclusion, I would only say in today’s competition the win or loss should hardly matter to you.Just think that you have gloriously utilized your talent and you are personally successful. This satisfaction will make you realize that:
“Gyanamev Shaktih”
Thank you for being patient.