Values as an Aspect of Justice: The Indian Perspective

The Values are the ideas formed in the mind of a Judge who is going to decide a case. It may be considered to be the end result of the cognition during the decision making process of a Judge. It is treated as one of the aspects of justice. Values are the beliefs about what is right and wrong and what is important to arrive at a decision. It is associated with judicial reasoning. Values are somewhat different from the codified legal rules which help in doing justice according to law. That is why, while administering justice, the Judges should bind themselves not only with the valid rules but also with values so that rational judgment can be delivered. Values concerned the function of law in society. Therefore they need to be studied with reference to those cases which introduce some new rules or cause some variations on an existing one. In this backdrop, the author in this article has analysed the concept of values, value- judgment and the texture of law. The different yardsticks which the Judges employ in order to determine the conflicting interests and finally deliver the judgments for the benefit of the masses are also categorically discussed. The author has evaluated some of the relevant judgments pronounced by the Indian Judiciary which have significantly contributed towards the development of individual rights as well as the growth of the Nation.