Abstract
"Justice must not only be done, but must also be seen to be done." This famous legal mantra underpins the principle of Natural Justice, specifically the Right to be Heard (Audi Alteram Partem). This rule guarantees that no individual can be judged without first receiving proper notice. The summons is the legal system's procedural key, directly linking this fundamental right to the integrity of the judiciary. However, the summons process has become a major systemic choke-point in the Indian justice system. This failure contributes heavily to case backlogs and denies citizens their constitutional right to speedy justice under Article 21. The core flaw lies not in the statutory framework, but in the integrity of execution. Methods like Deemed Service (where notice is assumed based on an officer's report of refusal) often rely on a legal fiction that is easily misused. This procedural fraud frequently results in an unjust ex-parte decree against genuinely unaware defendants, placing an unfair burden of proof on the unserved party. To overcome this, the system requires a transformation built on technology and enforceable accountability. Mandatory reforms must include establishing electronic service as the primary mode for all verified contacts and utilizing Geo-tagging and Time-stamping to digitally verify every action taken by process servers. These measures are ethical necessities designed to create a transparent, auditable process that eradicates evasion tactics. By making the summons inherently reliable, the judiciary can finally balance the need for the finality of decisions with the absolute requirement for procedural fairness, thereby honouring the constitutional mandate of due process.
Keywords
Natural Justice, right to be Heard, Notice, Summons, Systemic Chock point, Case backlogs, Speedy justice integrity of execution, Deemed Service, legal friction, Ex-parte decree, burden of proof, enforceable accountability, electronic Services, Geo-tapping and time stamping Ethical necessities, Finality of decisions, Procedural fairness.
Citations
IRE Journals:
Shrishti Kumari, Paras Yadav "Role of Summons in Upholding the Principles of Natural Justice" Iconic Research And Engineering Journals Volume 9 Issue 5 2025 Page 1704-1710 https://doi.org/10.64388/IREV9I5-1712290
IEEE:
Shrishti Kumari, Paras Yadav
"Role of Summons in Upholding the Principles of Natural Justice" Iconic Research And Engineering Journals, 9(5) https://doi.org/10.64388/IREV9I5-1712290
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