Preview

Justice Delayed Is Justice Denied

Good Essays
Open Document
Open Document
323 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Justice Delayed Is Justice Denied
While the problem of delay looks daunting, it can be dealt with, by having more fast track Courts, making judicial services more attractive thereby attracting good lawyers and filling up all vacancies at various Courts. We can conclude from the above discussion that we should not resort in extra-ordinary hurry-up of cases by whatever means. As justice delayed is justice denied, similarly, the saying, justice hurried is justice buried is equally true. Therefore, sufficient, reasonable and due hearing of every cases with consideration of its circumstances is the necessary requirement of natural justice and balance of convenience. In fact, the untiring efforts put by fear and flavorless Indian Judiciary is doing commendable job of imparting justice in spite of so many difficulties, which created faith of public in the rule. Of law is a great achievement, which really requires deep appreciation. Social justice will be possible only if the entire concept of egalitarian politico-social order is followed, where no one is exploited, where every one is liberated and where every one is equal and free from Hunger and poverty. The proverb ‘Justice Delayed is Justice Denied' is proved as it is denied to the poorest of the poor. Providing basic necessities to them will amount to Justice because the definition of justice varies from individuals to individuals on the basis of its economic conditions. According to B.P.Singh J the situation today is so grim that if a poor is able to reach to the stage of a high court, it should be considered as an achievement. Cases should be decided for imparting justice not for the sake of its disposal. Secondly, Arbitration procedure must be utilized as a better option for quick disposal of cases. Finally, to conclude with the words of Lord Hewet as it is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be

You May Also Find These Documents Helpful

  • Best Essays

    Any attempt at reform of the court system must essentially take on the dilemma of the delay and backlog of cases with an analysis of the causes and consequence of such delays in the court system. Reform measures also need to address court system reorganization, modernization and the strengthening of its administration, to allow for better case flow management; alternative…

    • 3539 Words
    • 15 Pages
    Best Essays
  • Powerful Essays

    Country Analysis- India

    • 2413 Words
    • 10 Pages

    Srikrishna, B. N. (2008) "The Indian Legal System," International Journal of Legal Information: Vol. 36: Iss.2, Article 8. Available at: http://scholarship.law.cornell.edu/ijli/vol36/iss2/8…

    • 2413 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    inescapable. Mahatma Gandhi once said that, "There is a higher court than courts of justice and…

    • 722 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Whereas, the judiciary systems are there to secure the people’s equality, it’s not always certain that they can. However, individual’s rights have been infringed upon in the judiciary system. These infringements are impartiality in the courts. Hence every individual is innocent until otherwise. The people should follow within in the jurisprudence in each step of the systems of being tried.…

    • 1335 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Plea Bargaining

    • 4169 Words
    • 17 Pages

    Our justice sector is divided into two parts viz.formal and informal sectors.Court system is within formal sector. Article 35(3) of the Constitution of Bangladesh laysdown,"Every person accused of criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law”. In the context of the administration of criminal justice system, it has a dual significance as because 'justice delayed is justice denied' or 'delayed justice is an infliction of injustice in the name of justice'. In our country justice is always delayed due to procedural drawbacks. So, we cannot expect a desirable outcome from this faulty delivery system. The prime reasons for these are: lengthy investigation process, outdated recording of evidence, corruption in…

    • 4169 Words
    • 17 Pages
    Powerful Essays
  • Powerful Essays

    Delay In Civil Suits

    • 3401 Words
    • 14 Pages

    One of he most difficult and burning problems in administration of civil justice is of delay. The delay can be addressed from two side’s namely compulsory delay and intentional delay. Compulsory delay is caused due to our age old legal system and intentional delay is caused by the persons who are instrumental in administration of justice and more specifically the lawyers and parties to the suits. three classes of people may be mainly responsibility for delay in disposal of cases. They are court staff, lawyers and judges. In criminal cases, however, investigating officers may also be responsible for the delay. Although judges cannot perform their functions without the active co-operative of court staff and lawyers. They can eliminate delays in the disposal of class by effective supervision of the functions of the court staff and by checking delaying tactics of lawyers. Delay in justice is a important factor undermining public confidence in the judiciary which is crucial to judicial independence and accountability. Although speedy trial is a Constitutional right in Bangladesh, our domestic legislation as well as procedural laws are outdated and not cooping with the increasing volume of cases which failed to meet the present needs of the society. The facilities in respect of management of courts are not adequate.…

    • 3401 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    The Sabarimala ban case, delineates the complex and delayed justice delivery mechanism in the Supreme Court resulting in the subversion of the very motive of “justice”, as popularly quoted, “justice delayed is Justice denied”.…

    • 1225 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    In a developing country like India, with uneducated masses, conditions of abject poverty, where the awareness of socio-economic and ecological problems in lacking, the judiciary has to play an active role to protect the people’s right against the anti-people order by infusing confidence in people as a whole for whom it exists, for as rightly put by Justice Lodha, “Judiciary exists for the people and not vice-versa.” Judiciary therefore cannot sit in silence and helplessly but must come forward actively to make good the deficiencies of law and provide relief wherever and whenever required.…

    • 3092 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    There are as many 3.2 crore cases pending in our courts . The number of pending cases may be due to many loop holes in our legal system , these loop holes are known to us but some of them cannot be dealt with because of stringent laws , moreover to face them and to reduce the number a new thing came into being known as ADR ( Alternate Dispute Resolution ) system which as the name suggests is an alternative system to the commonly followed litigation system which is time consuming and sometimes doesn’t provide a common judgment which may be in favor of both the parties. Therefore an act came up in year 1996 known as ADR act 1996 which empowered with a parallel legal alternative which was followed In the U.S.A.…

    • 2017 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    The article “The Courts and the legislature in India” by Phiroze K. Irani talks about the conflict between the Judiciary and the Legislature, the two of the three pillars of India.…

    • 1035 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Judicial Accountability

    • 5237 Words
    • 21 Pages

    ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled powers to themselves. Courts are important element of governance, and the relationship between the Courts and other agencies and between Courts and citizens are essential to constitutionalism. Thus accountability must be comprehensive to include not only the politicians, but also the bureaucrats, judges and everyone invested with public power. Accountability is the sine quo non of democracy. Transparency facilitates accountability. No public institution or public functionary is exempted from accountability although the manner of enforcing accountability may vary with the nature of office and the functions discharged by the office holder. The authors shall focus on various areas relating to judicial accountability of not only judges but also those who are vested with the power. This paper also intends to cover various wings of issues like; Firstly, the need for accountability accountability, Secondly, structure judicial accountability in notion to separation of powers, Thirdly, the new amendments introduced in Judicial Standards and Accountability Bill, 2010 and its policy consequence. And lastly the authors intend to conclude the paper with recommendations as well as enlighten on Judicial Accountability vis-a-vis Right To Information. per-se and analyse on judicial independence with…

    • 5237 Words
    • 21 Pages
    Satisfactory Essays
  • Powerful Essays

    Natural Justice

    • 3896 Words
    • 16 Pages

    at Tamil Nadu State Judicial Academy on 01.06.2009 to the newly recruited Civil Judges (JR Division) during Induction Programme 2009 All of you who have assembled here have been newly Inducted in to the Judicial Family. There lies an onerous responsibility on each one of you to carry forward your office with dignity and decorum. The post of Civil Judge Junior Division is the foundation of our Judicial Structure. It is common knowledge that unless the foundation is strong and firm, one cannot raise a tall edifice on it. The Subordinate Judiciary is the root of our Judicial system and each one of you should strive hard to inspire confidence in the society that they would get Justice. With these words let me proceed to the topic for the day. The Judicial Academy has classified the subject allotted under the head - General Topics. Though I may not strictly agree with such classification, it is to be noted that though the topic would appear to be general in nature, its roots are deeply embedded and its forms the basis for administration of Justice which is so essential to preserve social order and security. I am aware of the nature of litigation which would be assigned to a Civil Judge Junior Division and it is all the more essential that all of you observe the principle in both your Judicial as well as your Administrative work. For the sake of convenience I propose to analyze the topic – Principle of Natural Justice under the following heads. 1. The Principle and its essential elements 2. How the name came ? 3. How it developed over the years ? 4. How and where it has to be applied ?…

    • 3896 Words
    • 16 Pages
    Powerful Essays
  • Powerful Essays

     P P RAO, ACCESS TO JUSTICE AND DELAY IN DISPOSAL OF CASES 208( Indian Bar…

    • 6317 Words
    • 33 Pages
    Powerful Essays
  • Good Essays

    Human Rights — what are? ---- Human rights are not conferred by any ruler, constitution or statute. A human being is born with human rights. Giving new…

    • 6348 Words
    • 26 Pages
    Good Essays
  • Good Essays

    ‘Justice delayed is justice denied’ – a much quoted line the world over. As I look at the variety of criminal cases involving high profile people, I see that they tend to move quickly and gain positive results, mostly in the favour of the defendant. Recently, the powerful banker Mr Dominique Struass Kahn was involved in allegations that led to his public demise. Only a few weeks back, it looked like an open and shut case, but since then a steadily falling house of cards has been unravelling and the alleged victim in this case has been weakened, perhaps in some small part by the sheer force of the powerful who she spoke out against. Nobody is bothered or sheds a tear when an ordinary person comes under the scanner and is convicted, falsely or not. But when powerful politicians or other influential people come under the scanner, rules are bent and a way out is found to safeguard their interests.…

    • 817 Words
    • 4 Pages
    Good Essays