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Indian Legal System And Access To Justice: Foundation And Functions Of Its Legal System

"To no one we shall sell, to no one we shall deny or defer right or justice." Though there are many different interpretations of the law and it is highly subjective, we adhere to the most widely recognized interpretation. Law is a system of rules and regulations that the government imposes to ensure social fairness and welfare. A country's legal system is part of its social system and reflects its social, political, and cultural qualities.

The common law system garnered its roots throughout the history of the legal system in India. The main sources of law in India are the Constitution, statutes, customary law, and the judicial decisions of superior courts.

What is the legal System?

A system is something that functions to attain a certain aim or goal. A system controls the entire process to ensure desired outcomes. A legal system is made up of institutional structures for the enforcement of local, state, and federal laws, a set of operational norms that include citizen rights and obligations that are outlined in laws, and a group of legal professionals who are tasked with managing the system.

These institutional structures are primarily defined by the Constitution. Achieving justice and upholding the status quo, law and order, and harmony in society are the system's ultimate goals.

Throughout human history, philosophers, ethicists, and lawyers have debated the complicated and multidimensional idea of justice. Fairness, equity, and the preservation of moral and legal values are universal components of justice, despite the fact that views of it vary widely.

The idea of guaranteeing equality, fairness, and conformity to the law in the administration of justice within a legal system is known as legal justice, sometimes referred to as judicial justice or legal fairness. To settle conflicts, punish wrongdoers, and safeguard the rights and interests of people and organizations, laws and legal processes must be applied.

Legal systems frequently discuss the concept of "peace" in certain legal circumstances, even though they may not define it fully. In a legal setting, "peace" generally refers to a condition of calm and order as well as the lack of violence, disturbance, or conflict. Where everyone can accommodate the scenario that is happening around us. To include others in society, there must be inclusion.

India Legal System

The administration of justice in India is significantly aided by the intricate and diverse Indian legal system. It draws from several sources, such as laws, court decisions, and cultural norms. With notable contributions from Hindu, Muslim, and other personal laws, India's legal system is essentially a synthesis of English common law and customary laws. Indian legal system starts with the constitution of India. The rules and regulation provided in it is the most important and guiding factor for the whole legal system of our country.

Constitution: Fundamental Law of Land

The Indian Constitution is a written document that establishes India as a Socialist, Secular, Democratic Republic with a semi-federal framework. It describes the division and management of state authority among several organs, including the Central and State Governments, and legislative, executive, and judicial departments, and symbolizes the collective will of 700 million Indians. It is a political document that guides the use of power for the welfare of the people.

Access to Justice through our legal system

The judiciary, particularly the Supreme Court and High Courts, is given a distinct function in the Indian Constitution. They are charged with defending citizens' rights through writ jurisdiction in addition to overseeing State power. This mechanism provides citizens with an affordable and quick way to enforce their protected rights. The Supreme Court has relaxed restrictions to make it easier for the impoverished and illiterate to seek justice and defend their fundamental rights.

Furthermore, Artice 39A given in the constitution of India Article 39A emphasizes the state's obligation to ensure that no citizen is denied access to justice because of economic or other limitations. This clause emphasizes the commitment to equal legal protection and seeks to make legal assistance available to those who cannot afford it, reinforcing the principle of justice for all in the Indian legal system.

Through, Article 141 of the Indian Constitution By making Supreme Court rulings obligatory on all courts in India, Article 141 of the Indian Constitution establishes constitutional supremacy. This assures that the Supreme Court's interpretations of the Constitution are the final authority, emphasizing the supremacy of the Constitution. It emphasizes the Supreme Court's critical role in interpreting and enforcing constitutional principles, guaranteeing consistent application of the law across the judicial system.

Some challenges to the legal system

Despite the fact that many rules are defined in our system to give equal justice and rights to all citizens of our country. However, there is often a clash between constitutional supremacy, which is in the hands of the Supreme Court, and parliament-made legislation, which also comes into power through citizen vote. This conflict can sometimes make achieving justice in society difficult.

Furthermore, Indian courts face a substantial case backlog, impairing judicial efficiency and causing delays in justice delivery. Despite legal aid efforts, universal access to justice remains a challenge, particularly for marginalized individuals due to issues of awareness and affordability.

We have gone through the fundamentals of the Indian legal system have been covered. As we all know, our legal system has been designed to accomplish several objectives related to social justice and peace. The Indian Constitution, which provided the framework for the country's whole legal system, is its ultimate pillar and central component. The judicial system needs to undergo substantial changes in light of the nation's rapid evolution.

The Indian government is working to clear the backlog and obstacles. But more work still has to be done in this area. even yet there were certain challenges in reaching these objectives. however, if the system functions well and cohesively, they can overcome these obstacles.

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