File(s) not publicly available

The Paradigm of Fair Trial in Adversarial System: A Legal Discourse

journal contribution
posted on 2023-02-21, 11:06 authored by Sayed Qudrat Hashimy


The idea of the rule of law is fundamentally based on the idea of a fair trial, and the ideas of "due process" and "the rule of law" are essential to the defence of human rights. Therefore, the core of every legal system must be a mechanism for the assertion of legal rights and the correction of violations via the course of a fair trial in court, as the law is useless without effective remedies. In criminal proceedings, the fairness of the judicial system is especially important since it guards against violations of human rights. Since the death sentence is an irrevocable punishment, constitutional due process and basic justice demand that the judicial functions of trial and sentencing be carried out with fundamental fairness. This article provides a critical analysis of the right to a fair trial in the adversarial System and highlights the difficulties the Indian criminal justice system faces.