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A CRITICAL LEGAL STUDY ON NEED FOR EXPANDING SCOPE OF WRIT JURISDICTION IN ENSURING ACCESS TO JUSTICE
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SATHISHKUMAR R,TAMIZHKAVI B V,VARADHARAJ V T,SIBIYA S
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Keywords
Access to Justice, Article. 32(3), Judicial Independence, Jurisdiction, Delay
Abstract
The primary responsibility of the State is to ensure the fair and impartial administration of justice, making it accessible to all citizens, irrespective of socio-economic status. In India, this responsibility is upheld through judicial independence, but procedural delays and jurisdictional limitations hinder timely access to justice. One key aspect of the judicial system, writ jurisdiction under Article 32 of the Indian Constitution, plays a crucial role in protecting citizens' fundamental rights, particularly against violations by the State. However, the current framework of writ jurisdiction faces significant barriers in terms of accessibility, particularly for marginalized communities. This research examines the challenges faced by Indian citizens due to the absence of writ jurisdiction at lower judicial levels, and the urgent need for the implementation of Article 32(3), which empowers Parliament to authorize other courts, such as High Courts, to issue writs. While Article 32 allows citizens to directly approach the Supreme Court for the enforcement of fundamental rights, its practical effectiveness is limited by factors such as legal illiteracy, financial constraints, and bureaucratic delays. These barriers disproportionately affect vulnerable populations, leaving them without effective legal recourse. The study critically analyzes the systemic issues in accessing justice, especially in rural and economically disadvantaged areas, and highlights how the lack of writ jurisdiction at lower levels exacerbates these challenges. The research proposes the expansion of writ jurisdiction under Article 32(3) as a solution to improve access to justice.
IJCRT's Publication Details
Unique Identification Number - IJCRT2505547
Paper ID - 285867
Author type - Indian Author
Page Number(s) - e823-e832
Pubished in - Volume 13 | Issue 5 | May 2025
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No Of Downloads - 99
Author Country - India, 606904, Kalasapakkam, Kalasapakkam, 606904, Arts1 All
Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882
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SATHISHKUMAR R,TAMIZHKAVI B V,VARADHARAJ V T,SIBIYA S, "A CRITICAL LEGAL STUDY ON NEED FOR EXPANDING SCOPE OF WRIT JURISDICTION IN ENSURING ACCESS TO JUSTICE", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.13, Issue 5, pp.e823-e832, May 2025, Available at :http://www.ijcrt.org/papers/IJCRT2505547.pdf
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ISSN: 2320-2882 Impact Factor: 7.97 and ISSN APPROVED Journal Starting Year (ESTD) : 2013
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