Access to Justice in India : Rule of law and Indian Judiciary

Publisher

Army Institute of Law, Mohali

Publication Date

November, 2015

Co-Author

Shashank Shekhar Pandey

Excerpt

Aristotle once said, ‘it is more proper that law should govern than any one of the citizens’. Rule of law enjoins every citizen to be treated subject to law. 

Our laws exemplify the fundamental good estimations of our general public. They force limits on the behavior of people keeping in mind the end goal to advance more permanent benefit and to make our groups’ safe spots to live. It is illegal to harm someone else; to drive heedlessly or to contaminate the earth, to give some examples of the innumerable ways the law is intended to secure us. Everyone, regardless of how affluent they are they have to comply with the law.

Earlier the responsibility of the courts were just understood to be limited to solving the disputes between people.Be that as it may, continuously, courts have developed as key members in the general population policymaking procedure The forces of courts have developed in venture with the spread of ‘rights’. In case if government doesn’t respond to the needs of citizens’ courts needed to venture in, so that public interest is kept. Courts are all the time left with no option yet to venture into the vacuum of strategy left by the official.

The researcher through this research paper will try to present the instances, which have taken the Indian Judiciary to the next level by the acts or the principles propounded by the courts while upholding the phenomena of the ‘Rule of law’. The researcher will be discussing the landmark judgments and will be presenting the criticism of the existing literature as well viz-a-viz ‘Rule of law’.