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Justice and the Under Privileged

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CONTENTS

1 INTRODUCTION

2 ADVERSARIAL SYSTEM & THE EMERGENCE OF MODERN PRINCIPLES OF EQUALITY

Emergence Of Principles Of Equality

3 THE CONCEPT OF JUSTICE

4 EQUALITY

Reasonable classification

Basis of classification

Positive interpretation of Equality

5 ACCESS TO JUSTICE

Legal Aid

Steps for improvement.

1. Legal education and lawyers co-operatives.

2. Public defender systems.

3. Legalising contingency fee

6 JUDICIAL POSITIVISM IN AID OF THE UNDER PRIVILEGED.

Judicial positivism.

Basis for Judicial Positivism in Aid of the underprivileged.

Application of Fundamental Rights and Directive Principles in Judicial Dispensation.

Boundaries of Judicial Positivism

7 THE UNDERPRIVILEGED

A.Social

B. Educational

C. Economic

8 PROCEDURE CODES

& THE UNDERPRIVILEGED

Criminal Procedure Code Arrest & Bail

Right to defend & legal Aid Trial & Evidence Civil Procedure Code

CONCLUSION

Description

“…..is the Indian Judiciary conscious enough to

its Constitutional duties that are professed and proclaimed by itself while dealing with various issues related to the functioning of the other two organs of the state, namely, the Legislature and Executive?”

“Ignorance of law excuses nobody, but the ignorance of a judge is the misfortune of the poor and innocent; because the poor is almost incapable of appealing against the erroneous judgment, and the innocent, even if appeals, has to suffer until reversed, which ordinarily comes too late.”

“Judges who think it is the duty of the counsel alone to ensure his client’s interests need an attitudinal conversion because it is time to realize that the judges no more represent the interests of the Ruler but the interests of the People…”

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