A fair, unbiased, and streamlined accesses to justice is the greatest right any citizen can cherish. Although there are myriad acts and provisions in place across the legal system which strive to ensure in a better justice delivery mechanism, the many challenges that pose as vulnerable threats to the integrity and consistency of the system can sometimes hinder the act unintentionally. The humungous volume of legal cases to deal with puts a significant burden on the court in order to streamline or expediate proceedings to the best satisfaction of its citizens.
The legal systems and justice delivery mechanisms rely on their nature to follow the inspiration from the divine order and natural law to result in the consistency, swiftness, convenience as well as cost effectiveness associated with legal cases. Personified as the symbolic Patron saint of Lawyers, Saint Themis, this symbolic endeavour for the legal justice mechanisms must overcome a plethora of challenges to prevent being discriminatory or inconvenient to citizens.
The challenges associated with ‘Access to Justice’ form to be the defining traits of implementation of the constitutional rights or provisions and as every citizen has the right to an effective legal remedial action and as everyone is entitled to complete equality for a fair and independent public hearing, all the facets of the Indian Legal or Justice System must comply with the rigorous standards in order to make sure the best possible fulfilment of the same.
The definition of Access to Justice and what constitutes the same
Access to Justice defines to be the basic principle which reinforces the rule of law. Devising innovative solutions and offering streamlined alternatives to enable a fast-tracked roadmap to justice avail, the Indian Legal System has introduced a fundamental mitigation in order to prevent delays in court proceedings and also to limit the inconvenience of limitations of access to justice. Guaranteeing each and every citizen the maximum protection of law, the Access to Justice is an integral component of the Indian Legal System and one that grants a useful legal redress for all the grievances that citizens might face.
The essential facets that constitute the true definition of Access to Justice are -
- Provision of an effective mechanism for adjudication
- Reasonable accessibility of distance to the entire scope of legal mechanisms
- Streamlining and swiftness of justice delivery systems
- Cost effectiveness or affordability of the litigation
The challenges with the legal mechanisms systems hindering a fair and speedy avail of justice
Despite of the myriad provisions and criteria defining the effectiveness across the aspects of Access to Justice, the challenges which disrupt consistency in legal justice delivery are stated hereunder -
§ Availability and maintenance of the right infrastructure for legal systems
§ Accessibility to such infrastructure for the majority of the populace
§ A full-fledged attendance of the Judges and court officials at all times
Transfer Petitions and how these can prove effective in the streamlined Access to Justice delivery mechanisms
The Indian Judicial System assures for every citizen the best convenience when it comes to avail of justice and legal safeguards. Guaranteeing that justice is swift, fair and without any discrimination, as defined under the Section 25 of the Code of Civil Procedure, the Hon’ble Supreme Court of India resides the right to transfer any case, appeal or other legal proceedings from the High Court or any other civil court in one state to the High Court or any other Civil Court in another state.
The Transfer Petition Lawyers Delhi from Sawhney Associates, which is a comprehensive institute have an unrivalled track record of dealing with high profile as well as complex cases and guarantee unrivalled fairness while making sure to alleviate any hindrance in seeking the best legal protection by assuring an equal opportunity for the clients to avail justice with the provision of filing a transfer petition in India.
If the constraints of jurisdiction prevent avail of justice, then filing for the Transfer Petition in Supreme Court makes sure that the legal mechanisms are reasonably accessible in terms of distance, affordability, and swiftness.
A five judge Bench of the Supreme Court has rejected the curative plea filed by Pavan Gupta, one of the convicts in the Nirbhaya case.
The hanging as per the death warrant issued by the Delhi court is scheduled for tomorrow.However, it is unlikely that the hanging may take place as another convict Akshay Singh has filed a second mercy petition.
Moreover, another plea seeking a stay on the hanging has been moved by Akshay and Pavan before the trial court.
Legal experts are of the view that if these issues are pending, the hanging is unlikely to take place on March 3.In the plea before the trial court, Singh has said that he has filed a fresh mercy plea before the President and the same is pending.
Gupta on the other hand had said that he has filed a curative plea.
However that plea would become infructuous in the wake of the SC dismissing the curative petition, earlier today.Gupta on the other hand has not filed a mercy petition.
The Supreme Court on Monday directed the Manipur government to release activist Leichombam Erendro, who was detained under the National Security Act (NSA), allegedly over a Facebook post related to the death of state BJP chief S Tikendra Singh, who succumbed to Covid-19.A bench of Justice D Y Chandrachud and M R Shah passed the order on a petition filed by L Raghumani Singh, father of Mr Erendro, alleging that NSA was invoked against his son, only to cancel the bail granted earlier to himRead More...
Campaigning for Lok Sabha election in his constituency Amethi, Congress President had reportedly said, “Now the Supreme Court has made it clear that ‘chowkidarji’ (watchman) has committed a theft… I want to directly challenge that the Supreme Court has stated that you have indulged in corruption.”
He made this statement after Supreme Court had allowed for the consideration of some more fresh documents in a review petition to its earlier judgment on Rafale deal.
In the meanwhile, BJP’s Meenakshi Lekhi had accused Rahul Gandhi of putting words in the mouth of the Supreme Court and had sued him for contempt.
We bring to you a series of lies that Rahul Gandhi has manufactured often putting words into the mouth of others.
Rahul Gandhi had met former Defence Minister and late Manohar Parrikar in Goa on the pretext of knowing about his deteriorating health.
Nothing whatsoever about Rafale was even mentioned in your meeting with me.”
