• Highest constitutional court.
• Final interpreter of the Constitution.
• Hears appeals and constitutional matters.
• Constitutional courts in states.
• Writ jurisdiction under Article 226.
• District and Sessions Courts.
• Magistrate and Civil Courts.
The Constitution provides for fundamental rights, directive principles of state policy, and a system of judicial review, empowering the judiciary to safeguard constitutional values.
• Justice H.R. Khanna famously upheld the supremacy of the Constitution in ADM Jabalpur v. Shivkant Shukla (1976), dissenting from the majority
• “Even in the absence of Article 21, the State has no power to deprive a person of his life or personal liberty without the authority of law.”
• Justice P.N. Bhagwati, a pioneer of judicial activism in India, remarked:
“The courts cannot remain silent spectators when rights of people are violated… Justice must be made accessible to the poor and the disadvantaged.”
• As emphasized by legal scholar Upendra Baxi:
“The rule of law in India is not merely a legal ideal but a social and constitutional imperative.”
• India accommodates personal laws for different religious communities (e.g., Hindu, Muslim, Christian laws), though there is ongoing debate over the need for a Uniform Civil Code (UCC).
• Constitutional expert Granville Austin referred to Indian constitutionalism as a “seamless web of three strands: fundamental rights, directive principles, and federalism.
The Constitution of India (1950) is the grundnorm (basic norm) of the Indian legal system. It establishes:
• Separation of powers among Legislature, Executive, and Judiciary.
• Fundamental Rights (Part III).
• Directive Principles of State Policy (Part IV).
• Independent Judiciary with power of judicial review.
“The Constitution is not a mere lawyer's document, it is a vehicle of Life.”
— Dr. B.R. Ambedkar
A fair trial is a fundamental aspect of the rule of law and is central to India’s democratic and constitutional framework.
• Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.
• Interpreted by the Supreme Court to include right to fair trial.
Procedure established by law must be fair, just and reasonable, not fanciful, oppressive or arbitrary.
— Justice Bhagwati in Maneka Gandhi v. Union of India (1978)
• The judiciary acts as the guardian of fundamental rights.
• Regular interventions in custodial violence, denial of legal aid, and illegal detentions uphold the ideal of a fair trial.
A fair trial is the heart of criminal jurisprudence.”
— Justice Krishna Iyer
a. Presumption of Innocence
• Every accused is presumed innocent until proven guilty.
b. Right to Counsel
• Guaranteed under Article 22(1).
• State must provide a lawyer if the accused cannot afford one (Khatri v. State of Bihar, 1981).
c. Impartial and Independent Judiciary
• Judges must be neutral and free from bias.
d. Open Court
• Trials must be public to ensure transparency (exceptions allowed in cases like sexual assault to protect victim identity).
e. Speedy Trial
• Part of Article 21 as per Hussainara Khatoon v. State of Bihar (1979).
f. Right to be Heard
• Accused has the right to cross-examine witnesses and present a defense.
g. Protection Against Double Jeopardy
• No one shall be prosecuted and punished for the same offence more than once (Article 20(2)).
h. Protection Against Self-Incrimination
• Article 20(3): “No person accused of any offence shall be compelled to be a witness against himself.”
The Indian legal system, while rooted in centuries of legal evolution, continues to uphold democratic ideals and human rights. The right to a fair trial is not merely a procedural requirement but a cornerstone of justice. The judiciary, legal fraternity, and civil society must work in synergy to ensure that this right is preserved in letter and spirit.
