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Published Paper Details:
Pendency Of Cases In India And Its Impact On Fundamental Rights Of The Individual Under Article 21 - The Way Forward
Authors
AKASH RAGHAV,Dr. SMRITI RAI,PRATEEK KUMAR RAGHAV,LEKHA
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Keywords
Article 21, Indian judiciary, judicial backlog, legal reforms, speedy trial.
Abstract
The Judicial system of India, known for its constitutional strength, is facing a chronic concern of pending litigation. With more than 5 crore pending litigations across several courts, the delay in imparting justice not only burdens the system but also infringes on the fundamental rights of individuals provided under Article 21 of the Constitution of India, i.e., the Right to Life and Personal Liberty. One of the critical approaches of this right is the guarantee of a speedy trial, as highlighted in the landmark verdict of Maneka Gandhi v. Union of India, in which the Hon'ble Supreme Court prolonged the interpretation of Article 21 & included the right to a speedy trial as a part of the fundamental right under Article 21 of the Indian Constitution. The complications of this judicial pendency are profound. The delays in legal proceedings for a long time often resulted in stretched incarcerations without having a trial, directly violating the principles of justice & fairness. For example, in April 2022, In Bihar, the court acquitted an accused for charges of murder after he had been in jail for 28 years awaiting trial. These instances not only pointed to the personal misfortunes of the accused but also reflected the failure on the part of the system which demoralized the confidence of the public in the judiciary. This paper tries to explore the consequences & causes of judicial delays, & their direct effect on Article 21, & tries to propose justifiable reforms as the way forward so that the faith of the public in the judicial system continues to exist. The author tries to explore the paper by adopting the Doctrinal Method of research while dealing with the concern of pending litigation under various Courts in the country.
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Unique Identification Number - IJCRT2505431
Paper ID - 285285
Author type - Indian Author
Page Number(s) - d749-d757
Pubished in - Volume 13 | Issue 5 | May 2025
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No Of Downloads - 122
Author Country - India, 151401, BATHINDA, BATHINDA, 151401, Arts1 All
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AKASH RAGHAV,Dr. SMRITI RAI,PRATEEK KUMAR RAGHAV,LEKHA, "Pendency Of Cases In India And Its Impact On Fundamental Rights Of The Individual Under Article 21 - The Way Forward", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.13, Issue 5, pp.d749-d757, May 2025, Available at :http://www.ijcrt.org/papers/IJCRT2505431.pdf
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