Some ethical issues of jurisprudence: an Indian approach

Abstract

The main purpose of the Indian judicial system is to provide justice to the people who are deprived of the same. This motto of the legal system is symbolized through idol of a lady with a balancing rod in hand and having eyes closed with black tape in front of the judges, picture of Gandhi in the court premise and a line behind it quoted from Indian tradition- satyameva jayate. From the above it is presumed that justice is to be taken in the sense of balance where there is no partiality and no favoritism. If the above-mentioned view is taken as true in the field of jurisprudence, it gives rise to much philosophical questions which are as follows. First, is truth objective or subjective? If objective then it is transparent provable with the witness and evidences automatically without taking the help of a legal professional. If truth is determined by a legal professional then it is purely subjective. If truth is taken as subjective then an individual is said to be denied of justice. Secondly, it is a common belief of the people that an expert of legal professional can save his client though in actual case he has committed wrong actions like murder, stealing or any other crimes. If lawyer can save him then it is to be taken for granted that truth can be falsified. Sometimes false case may be proved as true. If false is turned to be true, what would be the value of truth? Thirdly, it is the normal saying –„justice delayed, justice denied‟. In modern time no case is cleared within limited period of time, but takes a prolonged time losing the merit of the case. Can it not be taken as a darker side of our legal system? Fourthly, why are the legal language, its clause or bye-clause very much interpreter-dependent? Can there be no simpler language so that non-legal person can come forward to defend someone or the client can defend his own case? Lastly, can legality work without the help of morality? Legality can be active if it is in consonance with morality. Legality finds an immoral outlet if it is not well-guarded by morality.