LAXITY IN LAW TO WHAT EXTENT—MUST THE COURTS BE LIBERAL IN APPROACH?

Abstract

While subscribing to the doctrine of separation of powers as propounded by French jurist and philosopher, Montesquieu, the framers of the Indian constitution were aware of the importance that each wing of the government has to play in the working of the constitution. Each wing of the Indian Government ie.; the executive, the legislature and the judiciary had their own defined areas of operations yet they were not disjointed from one another rather they worked as an organic whole keeping a check over one another. 

The judiciary was primarily responsible for dispensation of justice to one and all without bias or discrimination. To bring transparency in the judicial process, detailed procedural laws have been formulated which were initially drafted during the British rule in India but subsequently after India attained independence these procedural laws have under gone with some modification by way of amendments. Over the years the judiciary works on the principle of Audi alteram Partem    which means that no man shall be condemned unheard—in the court of law. On this foundation, procedural laws like Civil Procedure Code, 1908 (CPC) and Criminal Procedure Code, 1973 (CrPC) have been made. The former deals with the procedure to be followed in respect of disputes primarily civil in nature and the latter deals with procedure in respect of offences dealt by criminal courts.