The Justice and its administration system in India But there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a COURT.” ― Harper Lee, To Kill a Mockingbird. The concept of Justice is though abstract but it is based on justness and reasonability. It is though intangible but uniform, absolute, indivisiable and eternal. Ever since the begining of the human civilization and since the creation of the Universe by the so called God ( as because the some people may not believe and do not agree with the existence of God.) the importance and necessity of Justice was felt by the human being. It is that relief which is required at the time of suppression by the strong over weak, and the undue influence of able towards unable. The holy Bible also in its old testament shows and cites the importance of Justice when there was violations and suppression over the then Jews by the force and employ of Pheron of Egypt and sent the Mussah as a messanger of God and showed the path of their liberty and provided them the justice. On the other hand in the Hindu mythology also it is seen that when there arises the conflict between the goodness and badness, morality and immorality and the virtue and sin then to provide justice and to restore morality, virtue and goodness the Almighty has taken different incarnation or Avatara and fought against the badness, immorality and sin and restored the reign of goodness, morality and virtue. In the verse of the Holy Gita it is written “ Yada yada hi dharmasya, glanir bhawati Bharat, adbhutanam adharmasya, tadatmanam srijamanyam, parakrayanam sadhum, binasayaka duskritam, dharmasansthapanarthaya sambhawani yuge yuge........!”. The english translation of this pious verse in Sanskrit would be when there will enlargement/spread of sin in this earth and dangerness to the interest of virtue then the God will continously come in this earth in different Avatara in different era for the protection and restoration of virtue and peace and so I hold the opinion also for the restoration of justice. These above all discussions are the Justice in terms and relevance of ethitical point of view and it has very wide and extended meaning. What I hereby want to discuss my contention is that the Justice in terms of Legal law in India which a person (either natural or juristic) is entitled to get from that appopriate forum or authority as he being in the jural relationship with that particular person or authority. The Justice in terms of Legal law means that vested or legally protected interest of a person which is also ensured either in the statute, judicial pronouncement and customary practices and administered by the court of law in India. The meaning of Justice even in the context of Indian Jurisprudence is so wide and extended that it can not be defined and confined in any statute book. So nowhere there is exact definition of Justice in the statutes in India except in the preamble of the Constitution of India ( I hold such opinion). The preamble of the constitution lays down the provision that there should be Justice, Social, Economic and Political to the people of India and which will also be the guiding factor to interpret the other provisions of the constitution and which has also been declared the part and parcell of the constitution as has been held in the case of Kesavananda Bharati vs. state of Kerala A.I.R 1973 S.C 1461 and which is also the basic structure of the constitution. Now I want to twist my discussion little towards the Justice administration system in India. The judiciary in India is in the uniform manner and is in the pyramidical structure the Supremr Court being the highst court of appeal and the fountain of Justice in India. The Supreme Court is the court of record and has the power to contempt for itself and having jurisdiction likewise:- original juridiction, criminal appelate jurisdiction, civil appelate jurisdiction, writ jurisdiction etc. The just sub-ordinate to that there are the High Courts in each state which is also the court of record and has power to contempt for itself. The High Court also has jurisdiction likewise:- original jurisdiction, criminal appelate jurisdiction, civil appelate jurisdiction and writ jurisdiction. Besides then these there is one more importent jurisdiction as has been contained in Art. 227 of the constitution i.e the power to suprintendence over the sub-ordinate courts in the state. In the case of sub-ordinate judiciary there is District Court in each District having both the civil and criminal jurisdiction and which also has both the original and appelate jurisdiction. THe District Judge is the judicial and administrative head of the judiciary in the District. There may be the court of Additional District Judge having equal judicial power and function to that of District Judge. Belower to that there are the courts of Civil Judges ( Senior and Junior Divisions) and the courts of Judicial Magistrates. In the matropolitan areas there are the courts of Matropolitan Magistrates. Besides then these the Code of Criminal Procedure 1974 provides some powers on behalf of the Executive Magistrate to perform criminal administration of justice. Moreover there are some others authorities also which performs the quisi judicial functions created by their respective statute and plays a vital role to perform administration of justice but however these statutory bodies do not come under the purview and defenition of court. Lastly I hereby want to highlight the some points and which also has become the great concern of the society now-a-days. There though despite of being the consitutional directive to provide justice to those who are needy and vulnerable but now-a-days the access to justice to them has become far reality and cost oriented and can be achieved with prolonged delay. The need of the hour is that the all the enforcement machineries which is related to the justice administration system in India (especially the Bar and the Bench) must perform their both legal and moral obligations to achieve that ends. I hereby also highlight the some quilities of good judge which is also the need of hour and the demand of one of the most sacred institution i.e the Judiciary and the third piller of Democracy in India that:- a judge must always be impartial, competent, fearless and having high moral and ethical values. He should perform his judicial functions and administer justice without any fear and faviour. He must always maintain the judicial ethics and protect the pride, glory and legacy which the Indian Judiciary have achieved and earned since ancient time to present and should protect the respect which the Indian Judiciary have earned around the world specially in the context of justice administration system. A good judge must always use his free mind and apply both the law and reason. He should always perform his judicial functions cautiously and maintain the decorum and honour of the court and always try to smooth functioning of the same. There may be pressure from the side of the members of the bar for passing any specific order/orders ( specially in the context of criminal court during bail hearing but a judge must be cool and calm and should not be arrogant upon the lawyers and litigant as because a judge may also contempt his own court. To discharge the judicial functions and to administer the justice is a “Raj Dharma” and same should be done perfectly, adequately and appropriately in accordance with the provisions of law and constitution. A judge must not always be guided by the provisions of law but he must use his own reason for the for the proper and ends of justice. To that effect I hereby would like to cite one ancient verse of Brihaspati Smriti which is still relevent and guidelies for the administarion of justice at present day world as:- Kewal shastra marshitya na kartabyo hi nirnaya: I yukti hine bichare tu Dharmahani: Prajayate II OR Decisions must not be made solely by having recourse to the letters of the written codes, for if decisions are not made according to the reasons of law, there would be a failure of Justice. The law has invested and entrusted a huge powers including discretionary powers to a judge of a court of law likewise u/s 165 of Indian Evidence Act, u/s 311 of the Code of Criminal Procedure, u/s 151 of the Code of Civil Procedure and so many others but these discretionay powers must be excercised reasonably and for the ends of justice. A judge is not a silent spectator in his court but must act actively to determine the real controversy and proper adjudication of the suit. A judge should rightly excercise his judicial powers and give appropriate directions to investigation authorities for its fair investigation and improvement. Lord Justice Hewart has rightly observed and said in this regards as “Justice is not only to be done but it should be clearly and manifestly seen to have been done.” A judge must be free from any type of corruption (accepting the fact that there are some instances of allegations of corruptions against the judges) which will also render his dismissal in case of finding guilty of the same as has been provided in the different judicial service rules of the respective state. The conclusion is that the all the machiniry of justice administration system must work together and co-operate to each other along with mutual respect then only the true meaning of Justice will be achieved in its true sense and sprits. And lastly a judge should never be failed to provide justice to aggrieved who has been deprived and approaches before him seeking relief or justice otherwise it will be deemed that the judge himself has been defeated in providing justice which will also be compensated by him as has been rightly said by the anceint law giver Manu before thousand years:- “Dharmo wi stwadharmen sanbha yatro patistha te, salyana chasya na krintanti wi stratra sabhasad” II 12 II Or “When Justice (Dharma) pierced by Injustice (Adharma) comes to the Court for redress and the Judges do not pluck out that arrow of Injustice (Adharma), then they are themselves pierced by it.” Jai Hind....................! Soliciting your kind and warm suggestions..........! Sourav Subba, B.A (Law) LL.M, WBJS Date: 03.08.2014 Place: Diamond Harbour, Calcutta.
Posted on: Sun, 03 Aug 2014 03:45:13 +0000
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