indian constitution talks about which justice ?
Answers
Answer:
The Constitution of india enjoins the state to secure social, economic and political justice to all its citizens, making the constitutional mandate for speedy justice inescapable through article 14 [2] it guarantees equality before the law and the equal protection of the laws and article 39A [3] of the Constitution
Explanation:
Man is not made for law, but the law is for man. It is a regulator of human conduct and No law works smoothly unless the interaction between the two is voluntary. An act is justified by law, only if it is warranted, validated and made blameless by law. [1] The Indian Constitution guarantees justice to all, All Indian citizens are guaranteed equal right to life and personal liberty. The rule of law envisages that all men are equal before law, have equal rights but unfortunately cannot enjoy the rights equally as enforcement of the rights has to be through courts and the judicial procedure especially the criminal system is very complex, costly and dilatory thereby putting the common man at a distance.
The Constitution of india enjoins the state to secure social, economic and political justice to all its citizens, making the constitutional mandate for speedy justice inescapable through article 14 [2] it guarantees equality before the law and the equal protection of the laws and article 39A [3] of the Constitution mandates the State to secure the operation of the legal system in such a way that it promotes justice on a basis of equal opportunity and ensures that the same is not denied to any citizen by reason of economic or other disabilities further equal opportunity must be afforded for access to justice as its not sufficient that the law treats all persons equally, irrespective of the prevalent inequalities but the law must function in such a way that all the people have access to justice in spite of economic disparities. The expression “Access to justice” focuses on the following two basic purposes of the legal system:
The system must provide access to all.
It should lead to results which are fast, fair and economically viable.
The Supreme Court has on various events, in its judgements has made it clear that there can be no delay in trial, as that itself constitutes denial of justice. [4] moreover directive principle of state policy directs the state to strive for reducing inequalities amongst groups of people in different areas under article 39A of the constitution of india now while interpreting this provision the supreme court held that, social justice includes ‘legal justice’ which means that the system of administration must provide a cheap and expeditious instrument for realization of justice. [5]
The system of law which presently operates in India is largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence and various legislations which were firstly introduced by the British are still in effect in their modified forms today. In India criminal law is enforced by the state, unlike the civil law which may be enforced by private parties. It reflects the social ambitions and norms of the society and generally refers to body of rules that defines the conduct which is prohibited by the state because it is held to threaten, harm or otherwise endanger the safety and welfare of the public, and sets out the punishment to be imposed on those who breach the said law. Now substantive criminal law defines crime and provides for their punishments where as In contrast procedural describes the process through which the criminal laws are enforced For e.g. the law prohibiting murder is a substantive criminal law; the manner in which government enforces this substantive law—through the gathering of evidence and prosecution—is generally considered a procedural matter.
Like every developed criminal legal system, India too has a reputation for long winding procedures and an elaborate system of trial and investigation exists our criminal justice system while the rationale is to ensure that the complainant has the satisfaction of the knowledge and erudition of the best legal minds and the offender does not go unpunished the price for this turns out to be the delay in finality, outcome of proceedings. There have been several attempts to simplify the procedure but the sheer number of cases seems to overwhelm the system and delay in disposal of cases in criminal law courts has really defeated the purpose for which the people approach the courts for remedy.