The Supreme Court Of India

Marginalized individuals living on the periphery not only face multiple layers of intersecting discriminations, but are most often disproportionately affected by poverty. Their inability to access the means necessary in order to achieve legal justice decreases their trust and faith in a democratic system. As such, confidence in a democratic judicial system is usually only exhibited by those able to ensure legal counsel. Vulnerable individuals will often take legal matters into their own hands increasing negative consequences and causing civil unrest. This lack of equality in access to justice will reciprocally affect the judicial integrity of the judicial system thus undermining the core ideals of a democratic

Subsequently, the Committee on Draft National Policy on Criminal Justice (Madhava Menon Committee) emphasized the need for the same. Under the present criminal justice system, wide discretionary powers are awarded to the judges which sometimes results in lopsided, unfair judgments. Even though some basic principles such as proportionality, fairness and deterrence are recognized as forming the basis of the

The problem of judicial corruption in United States is immense. The Sixth Amendment in the United States Bill of Rights refers to the right to a speedy, fair and public trial. Unfortunately, our judicial system does not always maintain these rights. The United States judicial system is very corrupt and most of our country’s citizens do not know how corrupt it actually is. When thinking about the judicial system, words that come to mind are justice, morality, and fairness. Sadly, these words are not accurate descriptions of this system. Correct depictions of today’s judicial system are corruption, rigged courts, extortion, and phony trials. Our legal system does not bring truth or justice to our courtrooms. Overcoming this corruption is not

The example relates the concept of 'cause lawyering ' and its promising use in a human rights context to aid the elimination of poverty in emerging nations. The article advocates the need for lawyers who challenge the root of poverty by achieving verdicts that force governments to recognise the human rights of their people. The article draws attention to the ways in which cause lawyering opposes 'traditional legal roles... and egos '. One shall review the position of the cause lawyer by juxtaposing it to the traditional stance of neutral partisanship (NP), explaining that modern lawyers should seek to engage with ethical aspects of the legal profession. One will conclude that, despite the challenges that cause lawyering poses to the traditional model of lawyering, provided that clients consent to the method of representation, cause lawyering is a viable model of lawyering.

This is a kind of justice which we in India are trying to realize through the process of law and our substantive law is being ,geared to this task."

In the case of Hossainara khatun vs. State of Bihar , the Supreme Court held that “the right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held to be implicit in the guarantee of Article 21.” This was a case where it was found by justice P.N Bhagwati and justice D.A Desai that any under-trail prisoners in different jails in state of Bihar has been in jail for a longer period than the maximum term for which they would have been sentenced, if convicted and that there relation in jail was totally unjustified and in violation of the fundamental rights to personal liberty under Article 21 of the constitution. While disclosing shocking state of affairs and callousness of our legal and judicial system causing enormous misery and suffering to the poor and illiterate citizens resulting into totally unjustified deprivation of personal liberty, Justice Bhagwati made following

There has been more than 25,000 people in the United States accused of corruption in the justice system during the past two years (Dincer and Johnson Para. 1)  The American Justice system was given to us by our brilliant forefathers, but would they be proud of the way it is run today?  They designed it to provide justice for the innocent and punish the guilty (Davidson Para.1). In today’s society that is greatly debated. Many child rapists and murderers get off with no punishment and many innocent individuals have been put behind bars. If everyone were to do the job they were given, the system might run smoother. Unfortunately, things like money and fame come into play with convictions. In the national government, the power is separated three ways. There is the legislative, executive, and the judicial branch (Davidson Para.1). The judicial branch interprets the laws and is in charge of running the courts (Davidson Para.1).The great American legal system is structured to put criminals like murderers and rapists behind bars where they belong and ensures justice and fairness for society, but there are many faults ranging from the plea deal to bribe taking judges.

If we start fastening the present legal system to deliver justice at god speed then there would be a lot of burden on the judges; which will result in many unreasonable judgements, and at last the Justice system will be at fault. If the present legal justice system is fastened then the problem which it will face is the burden of solving cases, there lakhs of case pending still in different high courts of India. The most populated high court in India with pending cases is Allahabad High court. I agree that justice need to be delivered at a high rate, but not in the cost unreasonable fastened way of giving justice. And in the looking for fastened justice the important facts may be over ruled, important judgements may turn to disaster, one person happiness may transfer to someone else disaster of

Subsequent to having experienced the disgraceful period of aggregate oppression under the Indira Gandhi administration, the judiciary had been endeavouring, following the lifting of the Emergency, to rethink its part as an autonomous establishment. This was done through strides like developing the idea of Public Interest Litigation (PIL) and suo moto intercession by and large including the minimized areas of the general

The criminal trial process is an aspect of the legal system that aims to exercise the court hierarchy and jurisdiction. The Criminal trial’s aim is to achieve justice however it fails to balance the rights of victims and defendants as well as exercise legal mechanisms to achieve justice, as the legal system aims to achieve justice through the trial process, however its effectiveness is influenced and reduced by certain factors this as justice is based on equality and fairness, thus why the lack of legal representation, legal aid and the jury system are factors that substantially influence the criminal trial process in achieving justice. due to such flaw the criminal trial process fails to recognise the rights of individuals as well as the upholding justice for victims due to the lack of balancing legal mechanisms to achieve justice.

Indian constitution is one of the few constitutions of world which has benefit-ted from the sociological jurisprudence. The framers of Indian constitution kept in mind the importance of the relation of society and law and framed a constitution which shows a great tribute to social justice. At least on paper.

The judgment is an indictment not only against the Narendra Modi government, its bureaucracy, police, prosecution but also against the state judiciary. One can understand the inaction of the state governments, its subservient bureaucracy, police and prosecution but not the judiciary.

A writ petition was filed by People’s Union for Civil Liberties in the Apex Court on Right to Food. The petition was filed when the food stocks in the country reached extraordinary levels on the other hand the starvation in the areas which were affected by the drought was getting magnified. The petition at first instance had Government of India, six State Governments and Food Corporation of India were the respondent but later all the states were added since the matter reached at that level where the hunger death became persistent in most of the states. Then considering the graveness of the situation a PIL was filed, PUCL v. UOI and others, Writ Petition (Civil) 196 of 2001.

PLACHIMADA IN THE KERALA HIGH COURT A. B. Background of the Case Principles in the

Abstract: The Constitution of India has defined and declared the common goal for its citizens as- “to secure to all the citizens of India, Justice-social, economic and political, liberty; equality and fraternity.” The eternal value of constitutionalism is the rule of law which has three facets i.e., rule by law, rule under law and rule according to law. The concept of Lok-Adalat fulfills the desires of constitution drafters in all possible ways. Behind the concept of Lok- Adalat is the ancient concept of settlement of dispute through Mediation, Negotiation or through other arbitral process popularly known as decision of ‘Nyay- Panch’ or ‘People’s Court’.