Impact of Delayed Justice on Society

When we think of delayed Justice we mean delayed remedy for breach of legal rules, in that sense we can say that ,"Justice delayed ,Justice denied" It also mean that delay in dispensing legal justice amounts denial of guarantee to ensure remedy where there is infringement of legal rights of public in general or of individuals interse.

Legal justice may be defined as the process for the protection of rights and punishment for violation of legally recognized rights.

Legal rights are those which are recognized and protected by Constitution or other Enactments. Now the question arises what the Constitution is?

" A document having a special legal sanctity which sets out the frame work and the principle functions of the organs of government of a STATE ( Country ) and declares the principles governing the operation of those organs is normally known as CONSTITUTION."

Such a document i.e. Constitution is implemented by decisions of the particular organ normally the APEX COURT OF THE COUNTRY.

In A.K.Gopalan`s case (1950S C R 88,  A I R 1950 S C 27) Patanjali Shastri J , said that the people of India in deligating to the legislature , the Executive and the Judiciary their respective powers reserved to themselves certain Fundamental Rights so called because they had been retained by the people of India and made PARAMOUNT to the delegated power as in AMERICAN model.

Part III of the Constitution deals with the FUNDAMENTAL RIGHTS and ART. 32 to 35 provides remedies for violation of Fundamental Rights guaranteed as such, i.e. as Fundamental rights . Thus a right of remedy is also made a Fundamental Right in case of violation of Fundamental Rights.

Unlike remedies provided for violation of Fundamental rights remedies for violation of  other rights are also recognized by enacted laws as against government and against individuals inter-se.

Under Constitution of India , Art.13(3)(a) has defined LAW " As any ordinance , order , by laws ,regulation,Notification, custom and usages having the force of law in the territory of India "

The enforcement of these laws or usages or custom having the force of law may be termed as ADMINISTRATION OF JUSTICE which may be categorized as CIVIL and CRIMINAL justice.

CRIMINAL JUSTICE ATTEMPTS AT PUNISHMENT and CIVIL JUSTICE ATTEMPTS AT REMEDIES.

In order to evaluate the effect of delayed justice on society one has to look in to the earlier stages of STATE formation and  need of law courts particularly  WITH REFERENCE TO EVOLUTIONARY THEORY WHICH PROPOUNDS THAT STATE CAME IN TO BEING THROUGH GRADUAL PROCESS OF DEVELOPMENT.

There are three main theories propounded with regard to relation of law with STATE , these are as below "-

(1) State is a superior to law and makes it;

(2) Law is anterior to State and is binding on the State;

(3) Law and State are same.

In the collectivist states the law is considered to be simply an instrument for the prosecution and the fulfilment of the State policy and is not a check upon it. The wrong doers are so punishable as they disturbed the KING`S PEACE.

In democratic countries certain rights have been given to citizens and in some countries like INDIA those have been guaranteed by the State but the State has right to amend them, curtail them or modify them.

In modern societies the whole activities of communities have come to be regulated by the rules framed by the State.

H.KELSON, one of the great Jurist of the present centurywas of the view "that the State and law are the same thing, two terms are used for it because we look at it from two different angles."

When we in terms of RULES we called it LAW and when we think in terms of institution created by these rules we call it STATE.

Thus there is no difference between law and State.

Although this theory of Kelson is not free from criticism but the theory is very wide and it has the scope and the capacity to make adjustment . Thus the existing laws may be responsible for reshaping the State in future. If the laws are reasonable and their implementation is prompt the net result will be to strengthen the welfare society resulting in a strong State. On the other hand if a reasonable is not implemented or its implementation delayed it will earn a bad name to STATE RULERS and ultimately the society has to suffer.

Delayed justice means uncerainty of remedy even in cases where there is definit remedies are available under the enacted laws . In other words the purpose of action frustated if one is not sure about remedy within a reasonable time. If it is so it will cause DISREGARD to legal system and no faith in the ADMINISTRATION OF JUSTICE by Government consequently unrecognized and unprecedented criminal force be utilized even to assure civil remedies, the unauthorized process adopted may be quicker than established legal system of courts.

Secondly delayed criminal justice will encourage wrong doer to take chance of escape and ensure fruitful results of their wrongful actions. The opponant who is comparatively weaker will either compromise in terms dictated by the wrong doer or will loose all remedies. This situation will be a challenge not only to citizens but also to Government of STATE as the government also possessed huge wealth and property; On the other hand the concept of WELFARE STATE will come to an end, causing a state of chaos and lawlessness and the people will look beyond the existing system of government and law courts for remedy , thus there will be a great possibility of intervention by other countries whose citizens are within the territory either for business purpose or otherwise . The apparant behaviour will be to show the sympathy and to safeguard the interest of humanity but the hidden motive may go to any extent.