Please enable JavaScript.
Coggle requires JavaScript to display documents.
Arc Of Moral Universe Bends Toward Justice’-by ATRISHEKHAR - Coggle Diagram
Arc Of Moral Universe Bends Toward Justice’-by ATRISHEKHAR
THESIS
But the arc of the moral universe is anything but-It does not bend towards justice on its own—no, it only does so because people pull it towards justice. It is an active exercise, not a passive one CJI Chandrachud, in his speech, made the need for effort clear when he said the judiciary is “adopting several measures” to attain the objective of bending “the arc of the moral universe towards justice.”.
HOOK
satyameva jayate nānṛtaṃ
satyena panthā vitato devayānaḥ yenākramantyṛṣayo hyāptakāmā
yatra tat satyasyaa paramaṃ nidhānaam
Truth alone triumphs; not falsehood.
Through truth the divine path is spread out Truth alone triumphs; not falsehood.
Through truth the divine path is spread out
BACKGROUNDER
Recently, Chief Justice of India DY Chandrachud used the famous phrase about the arc of the moral universe bending towards justice during the Constitution Day (November 26) celebrations at the Supreme Court.
Concerning the accessibility of the justice system, the CJI stated, "The Indian judiciary has been adopting several measures of institutional reform with the single objective — and I borrow the celebrated phrase of American civil rights activist Dr Martin Luther King Junior to describe it — to bend the arc of the moral universe towards justice."
Martin Luther King has used the phrase several times in different contexts.The statement is not originally his and it was borrowed from the 19th century Unitarian Minister and abolitionist Theodore Parker of Massachusetts.
Justice is a foregone conclusion, and will eventually become about on its own because that is how the arc of the universe bends.What is often missed is that the arc won’t automatically bend towards justice, but has to be made to bend in that direction through human efforts.
BODY
The idea of judicial populism can be seen as associated with judicial absolutism, judicial chaos, judicial hegemony, and judicial imperialism
Now, if the defense of the failure of other branches of government is taken, the question may be asked about the consequences of the failure of the judiciary to meet standards, as
Judicial restraint, also known as judicial independence. It is synonymous to judicial liberalism. Judicial intervention andjudicial restraint are words used to stress the ‘right position of the Courts.’
JUDIARY SOCIAL MOVEMENT
It’s got to be the arm of the social movement. An activist judge triggers the legal system and triggers trust
Indian Young Lawyers Association v. The State of Kerala It dealt with giving entry to women of the age 10 to 50 (menstruating age) in Sabarimala temple.
Navtej Singh Johar vs Union Of India Ministry Of Law is a case which was brought by NAZ foundation It argued that section 377 was unconstitutional
PULLING THE ARC BY Judicial intervention can be seen in three ways
Secondly, by overturning judicial precedents
Thirdly, by reading the Constitution
Firstly, by overturning any statute as unconstitutional,
JUDICIAL ACTIVISM
Judiciary policy activism promotes the cause of social change or articulates concepts such as freedom, equality, or justice.
Justice is denied to common people because of judicial inertia. Judicial activism will have to get rid of such a delay.
ADOPTION OF CONSTITUTIONALISM & CONSTITUTIONAL MORALITY
"a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
the principles of 'self-restraint' and 'plurality' formed the fundamental elements of constitutional morality, where the former implied the responsibilities of all the stakeholders in a constitutional regime and the latter referred to the diverse nature of the society getting governed.
The Indian Constitution strives to eliminate the humiliation that people suffered under the traditional social system of caste and patriarchy, thus creating new ground for the realisation of human dignity.
Indian Young Lawyers Association v. The State of Kerala
Navtej Singh Johar vs Union Of India Ministry Of Law
TRIPLE TALAK
Role of justice system
India as a developing country needs lawful changes in every sector possible for the constant growth among other advanced nations and to be in the limelight as to be the most progressive country, the judicial reforms are also must to ensure impartial, predictable, accessible, and efficient judicial system.
Recently, the nation has seen instances of beneficial judicial activism to a large degree. Shibu Soren, a high-profile politician, has been convicted of a 1994 murder.
Tinsel’s world-famous Sanjay Dutt of Gandhigiri fame was convicted under the Arms Act of 1993
Sidhu, an ex-cracker with a gift from the gab, was convicted of road rage killing committed 18 years ago
Individual activism, policy reform, and litigation are all methods through which change can occasionally be brought about.
Each of us who works for social change is a piece of the mosaic of all those who fight for justice; when we work together, we can achieve a lot.
BUT Justice delayed is justice denied. PENDENCY OF CASES
The biggest example of delayed justice is the Nirbhaya case, which was a three-judge bench judgment led by Justice R Bahumathi and other judges Justice Bhushan and Justice A S Bopanna, in which all four men convicted in the 2012 Nirbhaya gang-rape and murder case were finally hanged seven years later.
It is not only rape cases that take a long time for judgments, but also religious cases. The best example of this is the verdict in the Babri Masjid demolition case, which took 28 years to announce the final verdict.
Another criticism of the phrase — and one acutely relevant to the Indian context — is that it seems to assume everyone is agreed upon what is “justice”.
OFTEN competing interest groups in a diverse population, like in India, can have very different ideas of what is “justice”, and critics claim that before trotting the phrase around like a happy platitude, a robust debate is needed to arrive at an informed and fair definition of justice.
MODERNISTRION OF JUDICIARY
.
The Government has been using technology extensively in making the justice delivery system across the country more transparent, accessible and affordable.
Availability of case data online imparts transparency to the functioning of courts and facilitates easy access of such data to lawyers and litigants
Thus, ICT enablement of courts increases efficiency of justice delivery system through organised and easy access to case information, and transparency is the eventual outcome.
CONCLUSION
SUMMARY PARA
Common people are the most deprived of the protection of the law because of the sluggish functioning of the judiciary, also referred to as judicial inertia or legal tardiness. Judicial activism and judicial modernsation has also begun the process of eliminating these occasional aberrations.
This can only be furthered by sincere and vocal judicial advocacy, and not by dragging the judiciary down in the eyes of the public.
The greatest asset and strongest weapon in the armour of the judiciary is the trust that it commands and the faith that it inspires in people’s minds in its capacity to do even-handed justice and keep the scales in balance in any dispute.
CLIMAX PARA
Asked how long it would take to see social justice, Dr King said, “How long? Not long. Because the arc of the moral universe is long, but it bends toward justice. How long? Not long.”
DECISION PARA
Meaning of the Phrase The phrase means that, while justice may take a long time, the universe is working towards it. "The arc of the moral universe is long, but it bends toward justice" —makes it sound as if justice is a given and will eventually occur on its own since that is how the arc of the universe bends.