THE APPLICATION OF PROCEDURAL JUSTICE: SPECIAL REFERENCE TO INDIAN LAWS

Abstract

The principle of ‘Fiat Justitia Ruat Caelum’ which literally translates to ‘May the justice be done, even if the heaven’s fall’ is bestowed with paramount importance in the legal jurisprudence. The research paper attempts to dwell into an analysis of the ideology and the application of the concept of Procedural Justice. After conducting a review of literature, the paper attempts to cater to the short comings thus identified. The doctrinal research paper attempts to define the term ‘Procedural Justice’ and further also relates the significance of it with the concept of Natural Law. Further the paper also briefly explains the major causes or types of manifestations of Procedural Justice. Let alone the philosophical and the jurisprudential approach, the paper also attempts to identify the consequences of such a miscarriage of justice and the practical implications of the same. The paper successfully gives an insight to its readers regarding the international covenants which have been ratified by the third world countries in order to safeguard the procedural justice. Further, the researcher has made a diligent effort in identifying the legal statutes of various other countries which are intended to protect procedural justice in brief. The paper however throws emphasis on the procedural malfunctions in the criminal judicature of India by relying upon various precedents and statutory provisions and deals with the substantial principle of vicarious liability of the state and a significant defence of sovereign immunity which is available to the state. There is a probing made into the Law Commission of India’s report on Miscarriage of Justice, thus highlighting the approach of the Commission and their recommendations.