Every country has their own law and order to solve the disputes and
maintain peace and order in nation. Justice is rightly called the shield of
innocence and guardian of civil rights, as Martin Luther King said, Injustice
anywhere is threat to justice everywhere
Basically one goes to court in order to get justice but when there is delay in
justice individual lose their hope and hence the justice is denied. William
Edward Gladstone (the former PM of England) cited the phrase Justice delayed is Justice Denied
this phrase means if
justice is not carried out at right time then even if it is carried out later it
is not real justice, because when there was demand of justice there was lack of
During the drafting of constitution of India the vision of founding father was
to ensure justice to every citizen keeping this vision in mind the preamble of
the Indian constitution consist the word JUSTICE. As we know India was a
colonial country and since last 500 years all the rights of the Indians were
suppressed so to enhance their Right Art -39A was introduced in Indian
constitution which directs the state- to secure equal justice and the free legal
aid for the citizens.
But the experience of last 57 years shows that state has failed squarely on
addressing some very basic issues – quick and expensive justice and protecting
the right of poor and vulnerable. Since India is a vast country of various
religions , India has a large no. of population with lack of symmetric
arrangement of courts and public offices, here the system is collapse with 30
million cases that take so much time that even a generation is not sufficient to
get any type of redressal.
As per current scenario of our country it will take 300 years to clear the
backlog of cases in Indian Courts, it proof our criminal justice system is sick
stagnant and in urgent need of complete overhaul. Upphar Cinema case
couple year ago a committee was set up under the vision of justice V.S. Malimath
to examine changes and it's report came, it took 6 years to prove 59 people were
died because of criminal negligence of cinema management and Delhi government.
The current example of justice delayed is Nirbhaya case
, which was 3 Judge-Bench judgement headed by Justice R Bahumathi and other judges Justice Bhushan and
Justice A S Bopanna, where all 4 men were convicted for the 2012 Nirbhaya
gang-rape case and murder case, were finally hanged 7 years after brutal crime.
Similarly, Ayodhya verdict
, which was 5 Judge-Bench headed by Chief Justice of
India and the other judges where Justice S A Bobde, Justice Ashok Bhushan,
Justice D Y Chandrabhushan and Justice Abdul Nazeer, the judgement came on
November 9, 2019 and with this one of the most old case was solved, the
constitution bench announced the construction of Ram Mandir at the site where
the Babri Masjid once stood in Ayodhya thus ending the centuries-long disputes
between the Hindus and Muslims. SC also told the central govt to allocate a
prominent and suitable five acre plot for Muslims to construct a mosque in
Causes of justice delay
- The number of Judges are not sufficient as per populace of our nation,
which causes the hindrance in justice. The populace of India is more than
100 crores, yet the quantity of judges is just 17, 615. During appointment
of Judges in a landmark case, “All India Judges case”, SC expressed it's
desire that the no. of judges to increased in every 5 year in a planned
manner in order to raise the judge population ratio.
- Usually lawyers are appointed to solve the disputes and to ensure proper
justice by representing the case in front of judge but now-a-days lawyers
are known to take adjournments. The reason are – death of far off relative
to family function. However, lawyers are paid for their appearance and time,
but with each dismissal the expenses and pendency of cases increased.
- Generally, lawyers are dealing with various cases at a time in different
courts, and took adjournment as granted to deal with many cases at a time
- Unfortunately there is no such act or code in our system which laid down
the time period for disposal of case. And everyone took advantage of it and
shows no hurry to finish the case.
- In today's generation lawyers are no more interested to ensure justice
they simply involved themselves in the business of law and easily dazzle
their customers by enjoying oral contentions.
- There is need to spread awareness about law, order and rights of an
individual to pursue justice among every citizen of the nation.
- Further the role of lok adalat is introduced to every individual, so
that is help to shift some burden from lower courts.
- The most important changes that should take place in judiciary is that
the removal of unnecessary grounds for adjournments as it is just wastage of
time of court and court need to impose fine for silly reasons for
- Frivolous litigation should be discouraged, the quantum of cases going
to the courts must be reduced.
- Natural justice: Natural Justice is a natural way to solve the disputes
among parties as it consist the general sense of what is right and what is
wrong. It is common law and had its origin from the term jus naturala means law of nature. Natural justice has very wide meaning in itself it
helps to administer justice according to Layman language on natural basis.
It is another way to share the burden of courts as it give instant justice
on natural basis.
We can conclude from the above discussion that we should not resort in
extra-ordinary hurry-up of cases of whatever means. As 'justice delayed is
Justice Denied', similarly, the saying, justice hurried is Justice Buried
is equally true. Therefore, sufficient reasonable and due hearing of every cases
with consideration of its circumstances is the necessary requirement of natural
justice and balance of convenience.