Critical Analysis of Trial Procedure in Warrant Cases and the Procedural Hindrances in Access to Justice

Abstract

The aim of this paper is to explore the link between procedure and access to justice that has an intrinsic nexus with the term justice, in the sense that it has its minimum prerequisite and will analyse it from the perspective of cratology. It highlights some of the theoretical issues that are raised in understanding this complex cratological phenomenon keeping in the backdrop the different trial mode with special reference to access to justice in India. It has to be remembered that justice is the beacon of any dispute resolution method and not just mere settlement of disputes. If mere settlement becomes the beacon, then there comes the element of power imbalance and as a result, the society becomes lop-sided leading to tussle and eventual conflict between power holders and power addressees. This paper will examine whether this whole set up of procedural aspect is able to deliver justice as this adversarial legalism is a relic of colonial rule.