Doctrine of Laches

 The doctrine of laches is applied by the judiciary to check if the case was brought in front of the court in a reasonable time or not. Laches literally means delay. According to Black’s Law Dictionary, the doctrine is based on the maxim that “equity aids the vigilant and not those who slumber on their rights.” Therefore one can claim their legal right in reasonable time and not after a long delay.

Concept of Doctrine of Laches

  • This doctrine means that if a prolonged delay in asserting a legal right or claim has harmed the opposing party, the right or claim will not be upheld or permitted.
  • Anyone seeking redress must appear in court within a fair time frame.
  • However, the question is whether fundamental rights can be denied under Article 32 due to a delay.
  • Fundamental rights cannot be withheld just due to inaction, as this is unjustifiable. It is vital for one's personal development.

Supreme Court Judgements in which doctrine of laches is used

Ravindra Jain vs UOI

  • The supreme court ruled in this case that the remedy under article 32 can be denied due to unreasonable delay.
  • However, no case has been brought before the Supreme Court to overturn this preceding case law.
Conclusion

Conclusion

The doctrine of laches is used to ensure that people reach the courts in time and avoid unnecessary delays and this will have a bearing on the respondent as well. However, with respect to the fundamental rights, it is decided on a case by case basis.


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