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Justice Delayed, Justice Denied: A Never-Ending Debate

Updated: Apr 25




Ms. K. Pavithra B.E., LL.M., Assistant Professor in Law, KMC College of Law, Tirupur


ABSTRACT


The principle that “justice delayed is justice denied” highlights a critical challenge within the Indian legal system, where delays in adjudication often undermine the very purpose of justice. This article examines the concept of timely justice as an essential component of constitutional governance, particularly under Article 21 of the Constitution of India, which has been judicially interpreted to include the right to a speedy trial. It analyses the human, legal, and institutional consequences of judicial delay, focusing on its impact on the accused, victims, and the credibility of the justice delivery system. The study further explores the systemic causes of delay, including judicial backlog, shortage of judges, infrastructural limitations, and procedural complexities. Through an analysis of landmark judicial decisions, the article emphasizes how courts have recognized and addressed the issue of delay while striving to uphold fundamental rights. It also highlights the adverse effects of prolonged litigation, such as erosion of evidence, psychological distress, and declining public confidence in the judiciary. In addition, the article discusses the need to balance speed and fairness in the administration of justice, cautioning against hasty adjudication that may compromise due process. It suggests the adoption of structural reforms, technological advancements, and alternative dispute resolution mechanisms as necessary measures to enhance efficiency. The article concludes that ensuring timely justice is not merely a procedural requirement but a constitutional and moral imperative, essential for preserving the rule of law and maintaining public trust in the legal system.


Keywords: Judicial Delay, Right to Speedy Trial, Article 21, Access to Justice, Rule of Law



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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