Developing New Mechanisms For Securing Speedy Justice: A Study
- IJLLR Journal
- 1 day ago
- 1 min read
Bhavya Som Garg, Faculty of Law, Banaras Hindu University
ABSTRACT
Access to speedy justice is often considered to be an inalienable right of an individual, sacrosanct to their existence, with the courts forming the principal provider and enforcer of the right. Even the Hon’ble Supreme Court has expounded upon the concept and declared to be a fundamental right implicit under Article 21 of the Constitution of India. But of late, the implementation of the dictum has gravely suffered at the hands of institutions responsible to provide it in the first place, with the insurmountable pendency of cases and lack of competent people to deal with them adding to the peril. The past few years have also witnessed the dearth of infrastructural facilities available to the Indian courts, when compared to their international counterparts, which has acted as a major impediment in the direction of timely disposal of litigations and securing speedy justice. This article aims to study the reasons of the jeopardizing of the right and the measures taken so far to contain it, with the objective of suggesting such measures which may be taken to manage the menace and ensure the unbridled enforcement of the right keeping the mind the available infrastructural facilities and other available, but limited resources, particularly financial resources.
Keywords: speedy justice, adversarial system, pendency of cases, hybrid model
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