About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

35 Dhaka Univ. L.J. 1 (2024)

handle is hein.journals/dkauvylw35 and id is 1 raw text is: Dhaka University Law Journal, 2024, 35 (1), 1-30 DOI: https://doi.org/10.3329/dulj.v35i1.77545 Achieving 'Complete Justice': A Comparative Study of the Constitutional Jurisprudence of India and Bangladesh Dr. Abdullah Al Faruque* and Dr. Mohammad Moin Uddin** Abstract: Both public policy and legal policy warrant that justice is delivered to the litigant people without any excuse. The power to do 'complete justice' avails the Supreme Court a vast residual power to complete the arc ofjustice by overcoming hurdles and roadblocks barring it from meeting the end of justice. The power is marked as an inherent and extraordinary discretionary power - not like other statutory discretionary powers - by virtue of which the Supreme Court can issue any decree or order for the end of complete justice subject to a few limitations. Article 104 of the Constitution of Bangladesh and Article 142 of the Indian Constitution empower the Appellate Division of the Supreme Court of Bangladesh and the Supreme Court of India respectively to exercise this power Though the power is of wide amplitude being vested upon the apex court of the country by the constitution itself it is nonetheless residual in nature. The contours ofthe power of 'complete justice'has remained a contentious issue inIndia some arguing that the power can be exercised only restrictively, while others argue that the scope ofthe power is expansive. In absence ofclear yardsticks to decide which situations entail the necessity ofexercising the power; the power is still an enigma to the legal academia, though the Supreme Court ofIndia seems to prefer liberal interpretation of the power So, its ambit is wide and elastic enough to cover any new situation of necessity. Bangladesh Supreme Court has also exercised this power for a long time now, but no academic analysis of its journey has been undertaken so far This article aims to elucidate the philosophy of devising the power and also to outline its scope and the trends of judicial interpretations in Bangladesh and India through a comparative analysis. Keywords: Complete Justice, equity, the constitution of Bangladesh, apex court, social justice, inherent power, environmental justice 1. Introduction Ensuring justice to the justice-seekers is the prime goal of every welfare state. The judiciary as a whole is constitutionally bound to ensure justice for all in * Professor, Department of Law, University of Chittagong. ** Professor, Department of Law, University of Chittagong. The authors acknowledge that this study was funded by the Research and Publication Cell of the University of Chittagong.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most