Fair trial in the context of Article 21 of the Constitution of India

सार

The concept of a fair trial is a fundamental aspect of the Indian Constitution, ensuring that justice is served with due process and impartiality. While the term "fair trial" itself isn't explicitly mentioned, its principles are enshrined in various constitutional provisions and judicial interpretations. As an example, Article 14 guarantees equality before the law and equal protection of the laws. It implies that everyone, regardless of status, is entitled to the same legal standards and fair procedures. Article 20 Prevents retroactive criminal legislation, ensuring that individuals are only tried for offenses under the law as it stood at the time the act was committed, Enshrines the principle of double jeopardy, preventing an individual from being tried for the same offense more than once & Protects individuals from self-incrimination, establishing the right to remain silent, a critical component of a fair trial. Article 21 has been interpreted expansively by Indian courts to include the right to a fair trial. It mandates that any deprivation of life or liberty must follow due process, including a fair, just, and reasonable trial. Article 22 Provides specific rights for arrested individuals, including the right to be informed of the grounds for arrest, the right to consult and be defended by a legal practitioner, and the right to be presented before a magistrate within 24 hours of arrest. The essential elements of a fair trial in Indian jurisprudence include ie. Judges must be unbiased and impartial, Both parties should have an equal opportunity to present evidence and cross-examine witnesses, Defendants have the right to legal counsel, and if they cannot afford one, legal aid must be provided, Convicted individuals have the right to appeal to higher courts.