legal essay on justice delayed is justice denied
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The reason one goes to court is to get justice, and "Justice Delayed is Justice Denied" Unfortunately the judicial system in India is based on Evidences and facts not conscience or morals, so it should be easier, once having the facts at hand, all it needs is argument and hearing and quicker pronouncement of Justice. A judicial system that cares only about evidences and facts shouldn’t worry about taming the souls of the plaintiff and the defendant with time rather give justice as quick as it can, this delay/denial of justice leads to increasing "Out of Court settlements" which are cheaper and quicker thereby leading to the loss of trust in our Judicial System.
The judiciary is part of our democracy and all its implications must be imported into the judicial process. Once we accept the proposition that in a democratic society the court system plays a crucial role in seeing that neither licence nor absolutism becomes dominant, the difficult tasks of the court vividly stare us in the face. As Chief Justice Burger has noted: "A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law - in the larger sense - cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets".
Constitution which mandates that the state shall secure that the operation of the legal system shall promote justice, on a basis of equal opportunity and shall ensure that opportunities for securing justice are not denied to any citizen. The Judiciary is bound to shape the processes of the law to actualize the constitutional resolve to secure equal justice to all. A people who are illiterate by and large, indigent in no small measure, feudal in their way of life, and tribal and backward in large numbers, need an unconventional cadre of jurists and judges, if equal justice under the law is to be a reality. If there is breach, judicial power must offer effective shelter. Even if a legislation hurting or hampering the backward sector is passed, the higher courts have to declare the statute void, if it be contra-constitutional. In sum, the judicial process, in its functional fulfillment, must be at once a shield and sword in defending the have-nots when injustice afflicts them. And this must be possible even if the humbler folk, directly aggrieved, are too weak to move the court on their own and a socially sensitive agency advocates the cause. Securing justice - social, economic and political to all citizens is one of the key mandates of the Indian Constitution. This has been explicitly made so in the Article 39-A of the Constitution that directs the State - to secure equal justice and free legal aid for the citizens. But the experiences of last 57 years show that the State has failed squarely on addressing some very basic issues--quick and inexpensive justice and protecting the rights of poor and the vulnerable. The justice delivery system is on the verge of collapse with more than 30 million cases clogging the system. There are cases that take so much of time that even a generation is too short to get any type of redressal.
That it will take more than 300 years to clear the backlog of cases in Indian courts is proof enough that our criminal justice system is sick, stagnant and in urgent need of a complete overhaul. A committee was set up, a couple of years ago, under Justice V S Malimath to examine changes and its report came, coincidentally, at the time that justice was finally done in the Uphaar Cinema case
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