Topic > Law, justice and judicial power

Law, Justice and Judiciary - Justice Bhagwati's Approach Prafullachandra Natwarlal Bhagwati, is a name that has found its place etched in the judicial realm, beyond being the 17th name in the list of Chief Justices of India. He is the man who accompanied Lady Justice from the corridors of the courts to the streets among the people. He hated the idea that judges do not make the law but simply implement "what is", without delving into "what should be". In fact, he considered the "Law" as a plasticine in the hands of a judge who can shape it as he wishes, provided he has the necessary vision and mastery. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay A Harbinger of Public Interest Litigation in the Indian judicial realm, introduced the concept of epistolary jurisdiction: the 'postcard revolution of judicial activism' where people could even post their petitions and complaints on a postcard, and the apex court will act accordingly, as one of the many steps towards procedural reform of the system. Considers that - Public interest litigation is brought to the Court not for the purpose of asserting the right of one individual against another as happens in the case of ordinary litigation, but is intended to promote and defend the public interest which requires that violations of constitutional norms or legal rights of large numbers of people who are poor, ignorant or socially or economically backward should not go unnoticed and unfulfilled. It is fair to say that Justice Bhagwati gave birth to Article 21. She liberated the right to life and personal liberty from the confines of a merely animal existence and intertwined with it the right to live with human dignity and the right to an environmental clean. among others. Taking inspiration from Nehruvian philosophy, he did not see fundamental rights on a different plane from directive principles. Did he ask how individual freedoms such as equality could be considered separately from the political-economic structures in which they operate? He vehemently argued that equality and freedom of expression, while invaluable rights, had little meaning for the oppressed until the Directive Principles were implemented to ensure socioeconomic justice for them. The principle of egalitarianism, he argued, is an essential element of social and economic justice and, therefore, if a law were enacted to implement a directive principle in order to promote social and economic justice, it would not be contrary to the principle of egalitarianism and would therefore not violate the fundamental structure, even if it violated equality before the law in its strict and formalistic sense. Justice PN Bhagwati, professor of legal aid and guardian of 'rights of the accused', said legal aid is nothing but equal justice in action. Legal aid is the social justice delivery system. He warned the pillars of our democracy that if free legal services are not provided to such a defendant – someone who is unable to hire a lawyer and secure legal services for reasons such as poverty, indigence or incommunicado status – the prosecution himself might run the risk of being tainted in violation of Article 21. He also opened the door to intellectually provocative ideas that are still an enigma to new jurists, such as his thoughts on the death sentence - that criminals do not die for hand of the law; they die at the hands of other men. He firmly believed that murder on the gallows is the worst form of murder since he is invested there.