Delayed Justice – Denial of Fundamental Rights
Kalpeshkumar L Gupta
Abstract :
“Justice delayed is justice denied” this phrase is somehow
inherently associated with the functioning of Indian Judiciary system. Being a law graduate I always feel that there is a
requirement of focusing on certain important aspects of the application of the
law for society. One thing that strikes my imagination is, piling up
of court cases in India
and it’s implication of denial of basic human right that is to be expected in
democratic society. It is a question of efficiency and effectiveness as the way
judicial proceeding takes place in the country. Indian courts has large backlog of cases and according
to a Chief Justice of Delhi High Court, it would take 466 years to clear
backlog of cases piled in the Delhi HC, if system works with same efficiency .This
paper will discuss present scenario of Indian Judiciary, Causes of pendency of
cases in Indian Judiciary and will compare Backlog of cases in other countries
of the world. Paper will also discuss the Right to Speedy Trial under the
Article 21 of Constitution of India. At the end paper will conclude the issue
of pendency of cases in Indian Judiciary and how this issue has connection to
social justice in democratic society.
