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Essay / Law, justice and judicial power
Law, Justice and Judicial Power - Justice Bhagwati's Approach Prafullachandra Natwarlal Bhagwati, is a name that has found its engraved place in the judiciary, beyond being the 17th name in the list of Chief Justices of the India. It was he who led Lady Justice from the corridors of the courts to the streets among the people. He abhorred the idea that judges do not make the law but simply implement "what it is", without considering "what it should be". In fact, he considered “law” as plasticine in the hands of a judge who can shape it as he wishes, provided he has the required vision and know-how. Say no to plagiarism. Get Custom Essay on 'Why Violent Video Games Should Not Be Banned'?Get Original Essay A harbinger of public interest litigation in the Indian judiciary, it introduced the concept of epistolary jurisdiction - the "postcard revolution of judicial activism" in which people could even send their petitions and complaints on a postcard, and the apex court would act accordingly - as one step among many towards procedural reform of the system According to him, public interest litigations are brought before the Court not for the purpose of enforcing the right of one individual against another as is the case in the case of ordinary litigation, but they aim. to promote and defend the public interest which demands that violations of constitutional rights be respected or the legal rights of large numbers of people who are poor, ignorant or in a backward social or economic position should not go unnoticed and unredressed. . It is entirely appropriate to say that Justice Bhagwati gave life to Article 21. He liberated the right to life and personal liberty from the confines of mere animal existence and incorporated into it the right to live in human dignity and the right to a clean environment. among others. Drawing on Nehruvian philosophy, he did not view fundamental rights on a different basis from directive principles. He asked how individual freedoms such as equality could be considered independently of the political-economic structures in which they operate? He vehemently argued that equality and freedom of expression, although invaluable rights, had little meaning for the oppressed until the Directive Principles were implemented to guarantee them social justice. -economic. The principle of egalitarianism, he argued, is an essential element of social and economic justice and, therefore, when a law is passed to give effect to a guiding principle with a view to promoting social justice and economic, it does not go against the egalitarian principle and would therefore not violate the basic structure, even if it undermines equality before the law in its narrow and formalist sense. Justice PN Bhagwati, professor of legal aid and guardian of the 'rights of the accused', said that legal aid is in reality 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 an accused - one who is unable to hire a lawyer and obtain legal services due to reasons such as poverty, indigence or the situation incommunicado - the trial itself could run the risk of being tainted for violating Article 21. It has further opened the door to intellectually provocative ideas that remain a headache for new jurists , such as his thoughts on the death penalty - that criminals do not die at the hands of the law;.