Justice based system instead of law based system
We are explained that as per our constitution there a rule of law and laws are same for everybody. But in actual implementation, there is complete chaos. Nowhere is real justice, wicked people take advantages. Innocent and honest people are punished and harassed. Gunda acquires the powers openly and they violate all the laws and nothing happens to them. Common masses are under so many different restrictions that they can not utter a single word.
The reason of this chaos is that present system is law based. It is not justice based. If this entire system is to be made justice based, involvement of people at every stage is essential. So judiciary powers should not be centralized in New Delhi and State Capitals. But it should be decentralized in villages and towns. There should be Nyay Punch in every village and town. This Nyay Punch must have discretionary judicial powers. They must enjoy wide authority simply on their discretion without referring the law. Then only justice based system will be possible. The person may be very much intelligent, but he can not imagine all the circumstances. So the system of English people for giving justice as per written laws is not consistent in India. Whenever some offence occurs, Nyay Punch can study it thoroughly and then they should have all the powers to punish as per their conscience without going into intricate legality. Then only culprit can not escape the punishment. To create this type of new system, the basic changes in the present law based system is essential. We have to evolve completely new judiciary system in which non political, impartial, honest and service oriented persons from different classes should be elected in the Nyay Punch in every village and town and also at higher levels.
In short, law based system means black letters of laws should be maintained, no matter justice is not maintained, no matter very purpose of law is violated, no matter culprits are escaped from punishment. Such a system has been imposed on our head by English people. Siince last 50 years, we have been ovserving to what extent this system has deteriorated. By making complex and twisted interpretation of law, letters of laws are maintained but open offenders of corruption, scandal makers, murderers do not get any punishment. This is law based system. As against this, justice based system means that justice must be maintained at any cost, no matter law is not maintained. This means that judge will use his conscience while giving judgement and not the letters of the law. While considering all the circumstances, if judge feels that somebody is culprit then judge will not require any evidences for it. He will give the judgement and punish the culprit. This system will give the real justice. Law will not be observed. It can be violated. But justice will be maintained. This justice based system was prevailing in our country since many centuries before English people came. At that time real justice was there and people were happy.
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It’s true most of judge and lawer are engaged their own mind law ,On case of their profit only .Many cases it has been proved in supreme court also .Please come and join to kick this type of system and creat the proper Lawer & Judge .
It is true that Justice is more important than law. There are many legal concepts
that is totally different from our age old system. For example: Everyone is equal before the law. Law is blind.
I have listed some of my observations on “The Supreme Court of India – Annual Report 2007-2008″ in my blog:
http://sakthidaran.learningprofessor.info/blog/?p=888
I am sure it is interesting and useful to readers.
Jai Hind
I AM A LEGAL PROFESSIONAL. I AGREE WITH VIPEEN JI.THAT IT IS EASY TO TALK OF CHANGE THE SYSTEM OF LAW AND ESTABLISH THE SYSTEM OF JUSTICE BUT VERY MUCH TUFF TO CRACK.
MY FIRST QUESTION IS TO BABA RAMDEV JI IS THAT THE EXISTING GOVT OFFICERS OF LEGISLATIVE DEPARTMENT OF GOVT DO NOT KNOW THE A B C OF NYAYA MIMANSA OR OF VADIC JUSTICE HOW THEY WILL DRAFT THE RULES?
NEXT QUESTION IS WHAT WILL HAPPEN TO THE PENDING CASES PENDING AT VARIOUS STAGES?
i want to ome thing for you
i want to do some thing of my country
all current is very bad
DEAR SIR,
I AM SPECIAL MEMBER OF THE BHARAT SWABHIMAN TRUST, I WANT TO TAKE ACTIVE PARTICIPATION IN THIS ANDOLAN. I AM RESIDING IN EAST DELHI NEAR MYUR VIHAR PH-III. I WANT TO KNOW THE LIST OF OTHER MEMBERS WITH NAME AND PHONE NO. CAN YOU PROVIDE ME THE SAME. KINDLY HELP ME.
THANKS
RS NEGI
I agree with the Justice based system instead of law based system but We will need to have that level of impartial, matured, knowledgeable, loyal, justice oriented individual at every level from Top to bottom. Further these individual should have the total acceptability from the people of the area to which they represents.
There is a very big concern if we are shifting to justice based system insead of law based system then there will be greater litigation because justice shall vary from one judge to another….in the absence of specific law.