Code of Civil Procedure Project
Avinandan Kundu (ID No.: 211075)
“CPC is aimed so that a litigant should get a fair trial in accordance with the accepted principles of natural justice.”
Before the project topic is introduced, the researcher would like to write about what exactly is the principle at the very core of this topic: the principles of natural justice. It evolved from common law and sets to show a set of procedural principles which ever judicial and administrative body must follow whenever it taken a decision affecting the rights of any particular individual. It essentially follows the two most basic principles. The first one being the principle of nemo judex in ...view middle of the document...
But the final enforcement of these guarantees is largely dependent on the approach of the Indian judiciary.
NATURE AND SCOPE
This project is aimed to establish how the Code of Civil Procedure draws on the principles of natural justice to ensure a fair trial for the concerned individual. It would draw upon the past stance of the legal system before these principles of natural justice prevailed, move on to the present scenario where these principles have become of paramount importance and have become inherent to the very system of humanity, and finally suggest further improvements in order to hopefully ensure that one day there would be complete transparency in trials held in India respecting all human values.
The researcher would aim to focus on the nature of Code of Civil Procedure and how it links up to the concept of natural justice. He would then move on to how trials are conducted presently and connect natural justice to the trial system to show whether a fair system is in place or not. However, the scope of this project will be restricted largely to the Indian setup, with passing references being made to interpretations, laws and customs being followed all around the world to drive home the point the researcher will be trying to make which is whether the principles of natural justice are followed while trying to ensure a fair trial under the Code of Civil Procedure.
The following the questions which have been called for inspection by the researcher:
• What are the principles of natural justice which are in force in India and how is it applicable to the civil procedural laws?
• How have the civil procedural laws evolved over time to incorporate more transparency and to ensure respecting the rights of the individual?
• What are the legislations in place already or the bills which are pending which may affect this justice delivery system either positively or adversely?
• How is the present system inconsistent to deliver a fair trial and what are the possibilities which can be implemented to ensure better delivery of justice and for the principles of natural justice to prevail?
The researcher would begin by making an historical comparison of the principles of natural justice which are in place presently with how they differed a certain period of time back. The researches will delve into the philosophical point of to find of the necessity of having such a system...