The right to a speedy trial must be upheld as a fundamental aspect of the right to life and liberty, as envisioned by the framers of the Indian Constitution.
Authors
Abhinav Mehrotra, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Amit Upadhyay, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
The President of India’s statement at the National Conference of District Judiciary regarding the “culture of adjournments” in courts has raised several concerns, primarily on reform as well as constitutional provisions regarding speedy trial and those governing legal aid. In an adjudicatory framework, whether inquisitorial or adversarial, the expected life span of a case is an inherent part of the system. No one can expect a case to be decided overnight.
However, difficulty arises when the actual time taken for the disposal of a case far exceeds its expected life span, as the right to a speedy trial is implicit in the right to a fair trial as part of the right to life and liberty guaranteed by Article 21 of the Constitution.
Justice is a constitutional mandate in the Preamble, with a spirit and the vision “to secure to all the citizens of India: Justice: Social, economic and political”. Access to prompt and quality justice is the key to realising this vision. It is, therefore, the most essential duty of a State to secure a social order where the legal system promotes justice based on equal opportunity towards its citizens.
While the Constitution of India provides for justice in its preamble, the real fabric of justice and equity can be traced down through several Articles of the document. This includes Article 14, which deals with equality before the law and equal protection of the law; Article 21, which protects life and personal liberty; and Article 323A, which provides for the establishment of an administrative tribunal.
Published in: ABP Live
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