BALANCING JUDICIAL EFFICIENCY AND FAIR TRIAL: THE ROLE OF THE RIGHT TO SPEEDY TRIAL IN STRENGTHENING RULE OF LAW IN INDIA

Abstract

This paper analyses the significance of the Article 21 of the Indian constitution that guarantees the right to a speedy trial in enhancing the judicial system of the country. The right to timely trial protects the personal liberty and access to justice of people by not allowing undue long detention of the accused without being given a chance to selfdefend him/herself. Although it is mandated by the constitution, the Indian justice system has always been plagued by delays of court cases that are compounded by overworked judges, resource shortage and inefficient processes. The essay dwells on the question of how to balance judicial efficiency and fairness by highlighting adverse social and legal impacts of delayed trials viz, the erosion of the confidence of people and violation of the rights of the accused. The current paper takes a look at efforts made by Indian judiciary to reduce delays by establishing fast track courts, implementation of technology, application of alternative dispute resolution procedures in the form of analyzing major case laws and implementation of judicial reforms. Still, there are problems, including poor infrastructure, unhappy judge-population ratios, and cultural resistance to the change. To ensure that a judicial system that administers timely just and fair justice to its citizens is encouraged, this paper gives recommendations on increasing the efficiency of the judicial system in a way that is likely to result in protection of the fundamental rights.