Sunday, July 12, 2009

Justitia, lady justice, , , the Roman Goddess of Justice and sometimes, simply "Justice") is an allegorical personification of the moral force in judicial systems.

Since the Renaissance, Justitia has frequently been depicted as a maiden carying a sword and balance of scales and at times she was shown blindfold.She conflates the attributes of several goddesses who embodied Right Rule for Greeks and Romans, blending Roman blindfolded Fortuna (Goddess of Luck) with Hellenistic Greek Tyche(of fate), and sword-carrying Nemesis(of vengeance).

Justitia's attributes embodiment of divine order, law, and custom, in her aspect as the personification of the divine rightness of law.

Justitia is most often depicted with a set of weighing scales typically suspended from her left hand, upon which she measures the strengths of a case's support and opposition. She is also often seen carrying a double-edged sword in her right hand, symbolizing the power of Reason and Justice, which may be wielded either for or against any party.

As stated above, Lady Justice is often depicted wearing a blindfold. This is done in order to indicate that justice is (or should be) meted out objectively, without fear or favor, regardless of identity, power, or weakness: blind justice and impartiality. The earliest Roman coins depicted Justitia with the sword in one hand and the scale in the other, but with her eyes uncovered. Justitia was only commonly represented as "blind" since about the end of the fifteenth century. The first known representation of blind Justice isHens Gieng's 1543 statue on the of Justice) in Switzerland. However, the Old Bailey courthouse in London, a statue of Lady Justice stands without a blindfold; the courthouse brochures explain that this is because Lady Justice was originally not blindfolded, and because her “maidenly form” is supposed to guarantee her impartiality which renders the blindfold redundant.

She is the symbol of the judiciary.Depicted as a Goddess equipped with three symbols of the Rule of law, a sword symbolizing the court's coercive power; scales representing the weighing of competing claims; and a blindfold indicating impartiality.

Monday, July 6, 2009

Law of life should not be restricted to facts but to experience. Justice V.R. Krishnan Iyer said " the Rule of Law should run parallel to the rule of Life". Now it is our cognition that make the facts surrounding us transform into experience we have and then it is that give Law its organic form. It is this that has helped Law evolve with the evolution of mankind and also sustain it.

Saturday, July 4, 2009

".....However we are constrained to observe that the higher courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. Our legal system acknowledges the fallibility of the Judges, hence it provides for appeals and revision. A Judge tries to discharge his duties to the best of his capacity, howerver, sometimes is likelyto err. It has to be noted tha the lower judicial officers mostly work under a charged atmosphere and are constantly under psychological pressure. They do not have benefits which are available in the higher courts. In those circumstances, remark/observations and strictures are to be avoided particularly if the officer has no occasion to put forth his reasoning."

As observed by K.G. Balakrishnan, CJI and P. Sathasivam.J in Prakash Singh Teji V/s North India goods Transport Co.Pvt Ltd 2009(2)RCR(CIVIL)840

Friday, July 3, 2009

Law in its origin and in its nature is nothing less then the breaths we take, but its, breath of society, what society inhales or exhales to survive, to nurish , to grow, to sustain, to evolve......and the extent of Rule of Law in a civilisation, society, nation, is the ultimate measurement of its health and well being.

No system of law accepts ignorance of law as defence or excuse, though sanction may be reduced, but no one can claim immunity on the basis of ignorance of law, so knowlege of law is presumed, making humanbeing's Lawledge a presumption of Law.