The Indian Constitution Guarantees Justice to All

Author :- Sakshi Anand

In Maunusmriti it is said that God is himself the Law maker. Manu talk about king but has kept the king under the Law. Like wise said that Man is not made for law, but the law is for man hence the Law which governors is for man. Our Constitution of India guarantees justice to every person irrespective of their caste, religion, color etc. All the citizens are equal among the Law. Our Indian Constitution gives us the Fundamental Rights which is given to every citizen.

Our Indian Constitution guarantees justice to all the citizens there is no discrimination among the citizen for obtaining Justice. As there are so many rights given to citizen like right to freedom of speech and expression in which one has the right to raise his voice if one violates the fundamental right. In rule of Law all men are equal before law and each one have equal rights. Securing Justice is very complex, costly and time taking for common people. So the common people feels difficult in Justice System.

Protection of life and personal liberty it is the provision of Article 21. Article 21 says that no one can be deprived of his life or personal liberty. There is an exception as according to procedure established by law. Article 21 is the most important Fundamental Right that confers every person’s life and personal liberty.

Our Indian Constitution has given responsibility to the state to secure social, economic and political justice to all its citizens. Article 14 (2) guarantees the citizen equality before the Laws whereas Article 39A (3) mandates the state to promote justice to citizen on the basis of equal opportunity to secure Justice.

 All the people have access to justice in spite of economic, social or political disparities. One word Access to justice can be elaborated, it generally focuses on the two basic purposes of the legal system. The first one is that the system must provide access to Justice to all the citizens. Secondly, it should lead to results that are fast, fair and economical feasible in nature.

As there are Fundamental Rights for citizens likewise there is Directive Principle of State Policy (DPSP) for the state. It directs the state to do something for reducing inequalities amongst groups of people, as in India there are group of people that are not seen equal, they are categories to be a different groups which are not like them. Under Article 39A of the constitution of India there are so many judgements given by the Supreme Court that, social justice includes ‘legal justice’. It means that the Administration must provide the medium through which one can have realization of Justice.

India follows English common law as India was in the colonial influence during the period of the British Raj. As we know that Indian criminal law is enforced by the state. And the civil law which may be enforced by private parties itself.

The substantive criminal law defines the crime. It provides for their punishments, in contrast the procedure describes the process through which the criminal laws are enforced. We can understand this by an example the law prohibiting Kidnapping, it is a substantive criminal law. So how the government enforces this substantive law with the help of gathering the evidence.

It is one of the used phrase justice delayed is justice denied that means in case where there is delay in process of giving Justice then the aggrieved party losses its faith in Justice . So, in this condition the Justice which should be delivered before only, and has taken a lot of time then it can be seen as Justice denied. Common people, poor people who have faith in justice system loses their faith. As they are not having that much money to fight the case for long time. In this condition it is Justice denied.

 The court must find an alternative to render justice to the common man. It is the fact that India is at a critical stage of its development. It is a developing country, one needs to rethink about the dispute resolution mechanisms of the past that can treat the present issue. There is a major need of remedy system that is fast and as well as economically feasible.

Criminal justice system in India follows the adversarial system of justice that comes from the British Colonial Rulers, it can be said as common law. In a report of Malimath committee it was said that on Google it shows that there have been 29,900,900 results in 0.13 seconds. All the searches were for the need to change the Indian criminal system. The Malimath committee report and such other reports and articles are there. By this only the newspapers were flooded with such news.

The major problem of the current criminal system is that they are owing to its adversarial nature that are being followed from long time. There has been several amendments and committee’s established but the process of trial investigation remains the same.         In 2003 the committee on criminal justice reforms observed that the System followed in Continental countries is certainly efficient. As it investigates and is supervised by the Judicial Magistrate that results in a high rate of conviction. There is a process of fair trial. The society in which we are living, to obtain justice it appears that we must go for traditional parameters.  Prosecution is not always viable for legally sufficient case it can be differentiated with a trial. The concept of legally sufficient case is that one is seen as having probable cause and all the elements of crime present and a trial sufficient case resolves around the conflict without dropping the case as not all legally sufficient cases are not trial sufficient. With the help of Dispute Resolver settlement of criminal cases can be done. It is no longer a new concept that the same thing is required in our country to give some breathing space to the overburdened system.

Sometime therefore there seems to be an urgent need to find an alternate way for criminal prosecution and for settlement of cases that require speedy trial, it seems to be seen as an essence to criminal justice system. In coming time the criminal system is becoming immobilized due to heavy pendency of cases. It lead to disintegration of the system and the immediate need to adhere to alternative dispute resolution mechanism.

For resolving the disputes most of the countries are on the way of getting out of the litigation, courts and lawyers chambers and now are encouraging the alternative method for their dispute resolution. In present scenario it is seen that ADR has become a global need for so many people. In the present scenario ADR has been seen as a way for lawyers, students, judges and legislators in all over the world. ADR has become an answer to all the frequent questions as it has provided as an answer but also a solution to social peace as well as solution to various disputes. ADR has become a method of resolving various types of disputes outside the traditional legal method where we have to approach to the court. In recent years there has been seen a drastic change as courts became extremely frustrated over the year.

CONCLUSION:

As a law student one in his or her internships has been exposed to various kinds of things and various kinds of angles of a case especially when working in court of Law. In courts during the internship there are several instances where one comes in contact with several aspects of the case of the victims and even accused. The matters are sometimes goes unnoticed in several cases like criminal cases.

 So, it’s the state who can look upon these matters because it is the responsibility of state to maintain law and order so that citizens of the state can enjoy peace and security as well as they approach courts. With the era of modernization it is the state and the court where one can approach when any mischief happens. As state can provide remedy to them. Constitution has given both state and citizens there rights and duties that they need to follow for proper functioning. Fundamentals Rights are like a blanket to each citizen when their rights are infringed. As the citizens has been provided with various rights, so there are several duties that they have to do. As it is said that it is “the people who can make a country strong or weak”. So, it’s the duty of every citizen to abide the constitution as well as the state.