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Strengthening Fundamental Rights: Introducing Statutory Ad Hoc Committees

Kolkata, 28.06.23: In a groundbreaking effort to enhance the protection of fundamental rights, legal experts and constitutional scholars are calling for the establishment of Statutory Ad Hoc Committees. These committees, led by a panel of constitutional law specialists, aim to rectify errors, review writ petitions, and guide parties before filing them with the Hon'ble High Courts and Supreme Court. By streamlining the legal process and safeguarding citizens' rights, these committees seek to ensure timely justice for all.

The Constitution of India stands as a testament to the values of democracy, ensuring the preservation and protection of fundamental rights. These rights form the bedrock of a just and inclusive society, guaranteeing individual liberties and safeguarding against the abuse of power. However, the efficacy of preserving these rights can be compromised when technical errors and procedural deficiencies arise during the legal process. Negligence on the part of counsel, errors in drafting petitions, or inadequate presentation before the courts can lead to delays in justice and the infringement of citizens' rights.

In recent years, the Indian legal system has witnessed a surge in cases involving the violation of legal and fundamental rights. Citizens, seeking justice for infringement upon their rights, often face hurdles and complexities that hinder their access to a fair and expeditious legal process. It is imperative to address these challenges and restore the confidence of the people in the judiciary.

A compelling case that highlights the urgency for Statutory Ad Hoc Committees is that of Ramesh Gupta, a retired government employee. Mr. Gupta filed a writ petition before the court, challenging the violation of his fundamental right to pension. However, due to a technical error in the drafting of the petition, it was summarily dismissed, causing significant delays in the dispensation of justice and leaving Mr. Gupta without recourse for an extended period. This case serves as a stark reminder of the detrimental consequences that technical errors and procedural deficiencies can have on the protection of citizens' rights.

What is the need for the Ad Hoc Committee?
To mitigate these challenges and ensure the efficient and effective preservation of fundamental rights, legal experts propose the establishment of Statutory Ad Hoc Committees. These committees, comprising eminent constitutional law experts, would act as a preliminary filter, reviewing and scrutinizing writ petitions before they are filed before the Hon'ble High Courts and Supreme Court. By carefully examining the petitions, the committees can identify any technical errors, deficiencies, or procedural gaps and provide guidance to the parties involved, enabling them to present their cases in a manner that adheres to legal standards and maximizes their chances of success.

The primary role of the Statutory Ad Hoc Committees would be to ensure that writ petitions are diligently prepared, addressing any technical errors or procedural shortcomings. By offering guidance and recommendations, the committees can assist parties in refining their cases, ensuring that the petitions are comprehensive, well-drafted, and properly presented. This would significantly reduce the chances of dismissals on procedural grounds, saving valuable court time and expediting the delivery of justice.

In addition to rectifying errors and streamlining the legal process, Statutory Ad Hoc Committees can play a crucial role in ensuring access to justice for all citizens. These committees can recommend experienced counsels to parties who require legal representation, especially for individuals who may lack the resources or expertise to navigate the complex legal landscape. By connecting parties with competent legal professionals, the committees would contribute to fair representation, empowering individuals to effectively assert their rights before the courts.

The establishment of Statutory Ad Hoc Committees would not only address the systemic challenges within the legal process but also restore confidence in the judiciary. Citizens often perceive the legal system as complex, slow, and unapproachable. By instituting committees dedicated to safeguarding their rights and ensuring a streamlined legal process, the judiciary would demonstrate its commitment to upholding justice and protecting the fundamental rights enshrined in the Constitution. This would go a long way in restoring public trust and faith in the judicial system.

The introduction of Statutory Ad Hoc Committees specializing in Constitutional Law represents a significant step toward preserving and protecting the fundamental rights of Indian citizens. By rectifying errors, reviewing writ petitions, and providing guidance, these committees would streamline the legal process, ensuring timely justice for all. Moreover, they would serve as a symbol of the judiciary's commitment to upholding citizens' rights and promoting a just and inclusive society. It is imperative that stakeholders recognize the urgency of this proposal and work collectively to implement these committees, thereby fortifying the foundations of our democracy and securing the rights of every individual.

Written By:
  1. Angelica Adhikary &
  2. Akash Roy

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