Need of fair and effective Procedural laws

So in a civilized society expeditious settlement of disputes is needed . It is often said that " Justice delayed Justice denied" with reference to word justice used in this phrase , we mean legal justice. Now the question arose what legal justice is ?

In my view legal justice includes the protection of rights and punishment or remedies for violation of legally recognized rights.

Legal rights are recognized and protected by Constitution and Enactments.

A document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government of a STATE and declares the principles governing the operation of those organs is normally known as CONSTITUTION , such a document i.e. Constitution is implemented by the decisions of a particular organ normally the Higiest Court of the STATE.

In A.K.Gopalan`s case A.I.R. 1950 SC 27 Patanjali Shastri J said that " The people of India in delegating to the Legislature, the Executive and the Judiciary their respective power resumed to themselves , certain FUNDAMENTAL RIGHTS so called because they had been retained by the people of India and made paramount to the delegated powers as in the AMERICAN model of Constitution."

Part III of the Constitution deals with Fundamental Rights and Article 32 to 35 provides remedies for violation of Fundamental Rights guaranteed as such , ie. as Fundamental Rights.

" THUS A RIGHT OF REMEDIES IS ALSO A FUNDAMENTAL RIGHT IN CASE OF VIOLATION OF FUNDAMENTAL RIGHTS."

Unlike remedies provided for violation of Fundamental Rights there are several other rights recognized by laws as against individual and government and also between individuals inter - se.

Art. 13 (2) of the Constitution of India has defined law as any ordinance , Bye - laws, Regulation, Notifications, Customs, Usages having in the territory of India the force of law.

This definition is not exhaustive but inclusive and define laws in force to include laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previosly repealed.

The enforcement of these laws or usage or custom having the force of law is termed as ADMINISTRATION OF JUSTICE which may be categorized as civil and criminal Justice.

The organs responsible for Administration of justice are :-

(1) LEGISLATURE

(2) JUDICIARY

So the people used to trace the causes of delay in the procedure of dispencing Justice by the two above organs. The stages and causes of delay can be traced in the procedure adopted by the above two organs of the administration of Justice which may be as follows :-

1 - Lack of public discussion or debate before passing the Enactments ( study by law department is not included in public discussion or debate )

2 - Enforcement of Enacted laws depends on –

(i) Machinery provided under the statute for enforcement.

(ii) Powers conferred on various authorities of machinery.

(iii) Limitations on powers of authorities.

3 - Lack of harmony between different departments or organs responsible for administration of Justice.

4 - In efficiency of a particular organ involved in the administration of Justice Civil or Criminal.

5 - Lack of uniformity in judgments and orders of Higher authorties or Courts.

6 - Involvement of INTERMEDDLER i.e. Political Leaders , Lawyers and Social workers.

7 - Ignorance of legal provisions by public in general.

The above mentioned hardships may be remedied through Legislative machinery by Enacting APPROPRIATE PROCEDURE OF LAW  to create harmony amongst the various departments involved , whose co - operation is required to expedite the cause in the administration of Justice.

The second organ responsible for administration of Justice is Judiciary . The various remedies avauilable under the Statue are to be secured through this branch but the officers of Judicial department are guided and controlled by the procedure provided under some special enactment or by General Rules and directions issued and Circular Orders of the Controlling authority

The general procedure for deciding civil cases is laid down in the Code Of Civil Procedure 1908 and that for regulating criminal investigation, inquiries and trial is incorporated in the Coide of Criminal Procedure  1973

AS THERE IS NO GUARANTEE OF JUSTICE EXCEPT THE INTEGRITY OF A JUDGE, SMILARLY THERE IS NO GUARANTEE OF EFFECTIVE REMEDY EXCEPT THE FAIR PROCDURE ADOPTED BY THE ORGANS INVOLVED IN THE ADMINISTRATION OF JUSTICE AND IT WILL BE UNFAIR TO BLAME A SINGLE BRANCH LIKE JUDICIARY OR LAWYERS FOR DELAYED JUSTICE.

Although above organs are directly made responsible to control the malpractices adopted by the delinquants.

SOME OF THE EMINENT JURISTS IN THE PAST AND ALSO AT PRESENT WXPRESSED THEIR FEELING THAT JUSTICE SHOULD NOT ONLY BE DONE BUT IT MUST APPEARS TO HAVE BEEN DONE. To satisfy this requirement of justice it is essential to have fair procedural Rules known to everybody before hand.

It is no more a hidden fact too that Circular orders of Honourable High Courts are issued on suggestions of BAR ASSOCIATIONS and on OBSERVATIONS EXPRESSED BY HONOURABLE JUDGES during inspections or in deciding matters in judicial side.

The procedure so laid down from time to time are attempts to overcome the difficulties and hardships faced during trial, inquiry , investigation and also during administrative and social activities.

UNTIL AND UNLESS HARDSHIPS ARE REMOVED ENACTED PROCEDURE WHATSOEVER IT MAY BE,  CAN NOT PROVIDE EFFECTIVE AND EXPEDITIOUS REMEDY TO LITIGANTS.

The real problem lays in the will power of Government and of the Institutions involved in administartion of Justice and in non co -operation of public in general for whose benefit the system works.

According to FRANKLIN ," LAWS TOO GENTLE ARE SELDOM OBEYED : TOO SEVER SELDOM EXECUTED."

Now the need of the time is to attempt for ensuring the FAIR INVESTIGATION, and TRIAL strictly in accordance wit fair procedure established and recognized in various Statutes., General Rules and Circular orders of the various higher authorities and if in implementing those procedure expception hardship experienced or realized than only those rules or provisions may be amended as the case required to meet the hardship.

It may also be remembered that ," ALTHOUGH EVERY NOBLE WORK IS AT FIRST IMPOSSIBLE." even we should hope for the better in future.

At last it can be said that ," JUSTICE VIS LIKE THE NORTH POLE STAR WHICH IS FIXED AND ALL THE REST REVOLVE ROUN IT."

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