Law reforms after Independence: After independence the Constitution of India has been adopted on 26th January 1950.its a comprehensive document containing elaborate details for a good government for this country. Its comprising 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments (out of 120 Constitution Amendment Bills). it is the longest and lengthiest Constitution of all written Constitutions of the world. Its 5times bigger than USA Constitution and 7times bigger than France.Fundamental rights are guaranteed to every citizen of India in Part-III of Constitution and are deemed to be a distinguishing feature of s democratic state. These rights are prohibitions against the State. whenever these rights are violated the remedies in the nature of writs i.e. Habeas Corpus, Mandamus, prohibition, Quo Warranto, Certiorari are granted.An independent and impartial judiciary with a power of judicial review had been established under the Indian Constitution. its the custodian of Rights of Citizens. Indian Constitution has been amended several times whenever the circumstances needed.All of them can be considered as law reforms. Law is never static.Its a logical, self-contained, autonomous and changing system. If changes according to social needs. It undergoes changes due to socio economic pressures and customs.... The Supreme Court Of India, while disposing the case Central Inland Water Transport Corporation Ltd. Vs.Brojo Nath, AIR 1986, observed; The law exists to serve the needs of the society which is governed by it.If the law is to play its allotted role of serving the needs of the society, it must reflect the ideas and ideologies of that society. It must keep with the heartbeats of the society and with the needs and aspirations of the people....The law must, therefore in a changjng society march in tune with the changed ideas and ideologies.... Advantages of Law reforms 1) Uniformity and Certainty:- The State formulates certain rules. Such rules must be uniform, certain, permanent. The people shall know them and abide them. whoever violates such rules are punished by the courts.The people knowing the consequences of such violation shall be abiding them. the people whore abiding the law are calledLaw-abiding citizens.the people whore violating the law are calledWrong-doers.Generally the ratio of wrong-doersis very less comparing with those of Law abiding citizens.therefore peace prevails in the society. 2) Protection against arbitrary decisions:- Impartiality is the foundation stone of administration of justice. the people will give the respect to justice when it gives impartial decisions. therefore thr State formulates such fixed rules for the protection of citizens against arbitrary blashed and dishonest decisions.The personal bias i.e. personal friendship personal hostility, family relationship, professional relationship, employer, employee etc., is strictly eliminated from the administration of justice. Similarly,Audi alteram partern (hear the other side before giving the judgement) is also another important rule of administration of justice. 3) the collective wisdom:- The rules of the law are created by collective wisdom of community. Theyre resultant of vast experience customs and judicial decisions of State .In forming these rules huge time has been comsumed. several thousands of jurists and legal experts rendered their hard work. The sitting judge has to go in yhe path already decided.sound conclusions are already formed. Lord Coke said :The wisdom of law is wiser than any mans wisdom. therere advantages of law reforms to society to a great extent .but at the same time there are some disadvantages too just like every rose has thorns. Disadvantages of law reforms- 1)Rigidity-the common criticism is that law is very rigid. Rigidity is first vice.The rules are framed for purpose of general application in similarl situations.sometimes particular incidents may arise in an unforeseen classes of cases.In such circumstances the rigidity of law may cause harm to that particular person 2) Conservatism-This is second vice.Man changes from time to time. Society develops from time to time. Mans habits thinking social circumstances are flexible. But law is conservative.the principles of law are fixed uniform, certain and permanent. they aint change or amemd with speed of mans thinking and social change .it requires time to change. 3) Formalism and technicality-the rules of law framed for the welfare of society. its the advantage of justice. its the picture of one side of coin.but the other side shows adverse results. the law follows the formality and technicality. for every disputed matter., theres a specified form technically formulated. its true that in several instances, the wrongs are done, but due to the failure in adopting the formalism and technicality. the cases are failed in the courts and administration and wrong-doers are acquitted. more importance has been given to formalism and technicality in the courts and administration. sometimes the same importance becomes fatal weakness and causes harm to society. 4) Complexity-undue and needless complexity is the fourth vice. the legislatures are making the rules very frequently. the language used by them is also causing undue complexity due to the hastiness.this complexity causes confusion in the minds of lawyers and jurists. Moreover advocates have tendency to interept the very minute distinctions of law in the interests of their clients. The real point goes behind the certain and wrong-doer is saved. 5) Expensive-Today seeking justice becomes very expensive in every country. India isnt an exception.the poor cant afford huge expenseslike lawyers fees court fee travelling expenses etc.much time of litigants lawyers and courts is consumed.much consumption of time is equal to much expenses.Delay is caused.delayed justice isnt a justice. 6) Frequent changes-Frequent changes in law creates confusion in the ordinary people. Therere advantages and disadvantages of law reforms.Irrespective of its disadvantages, the mankind adopted this system. advantages overweigh the disadvantages. Happy 66th Indian Republic Day amigos.... O:-) Amigos respect the feelings of a person :-D protect your rights to speak freely.... :-) #paz #ley
Posted on: Mon, 26 Jan 2015 05:25:31 +0000
Trending Topics
Recently Viewed Topics
© 2015