Principles Of Justice, Equity And Good Conscience: Legal Discourse With Reference To Article 21 Of The Constitution Of India
Vaibhav Kartikeya Agrawal, Advocate
The maxim of justice, equity and good conscience evolved from England in thirteenth century when traditional common law was in force in England from times immemorial.
This principle was introduced to remove the defects in Common Law Courts. The rigidity of common law judges and the bulky procedure in Court of law forced people to approach the king for justice.
HISTORY OF THIS PRINCIPLE:
In 1253, in England to prevent judges from inventing new writs, Parliament provided that the power to issue writs would be transferred to judges only one writ at a time, in a “writ for right” package known as a form of action. Because it was limited to enumerated writs for enumerated rights and wrongs, the writ system sometimes produced unjust results.1 Therefore the plaintiff had only option to petition the king.
If changes were not quick enough, or if decisions by the judges were regarded as unfair, then litigants could directly appeal to the King, who, as the sovereign, was seen as the 'fount of justice' and responsible for the just treatment of his subjects. Such filings were usually phrased in terms of throwing oneself upon the king's mercy or conscience.