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Indian Judiciary - in need of reforms

May 27, 2014  by: ushakiran  Points: 12   Category: Others  Earning $0.90   Views: 924

As things stand today Indian judiciary needs to reform quickly , so that there is more accountability and fairness and more importantly make sure that people do not lose faith and trust in the legal system of our country

         

Given the kind of chaos that our political system have always been in and also the kind of power the politicians award to themselves , we need to applaud the Supreme court for coming out with some land mark judgments from time to time although the powers that run the country do try to play spoilsport when such a thing happens.

As of now Indian Judiciary , especially the supreme court seems to be functioning free of interference from the politicians from time to time although it is not possible to so all the time . Our ruling parties have always believed in Yes men and sycophants who would do their bidding.However, unfortunately for them , not all the supreme court lawyers are ready to toe their line !

The previous Government was determined to bring in reforms which would probably give them more power and less power to the judiciary like they had done with the CBI. This is definitely not a healthy trend nor does it help the general public. The politicians and the ministers become even more powerful and literally get away with murder ( they try to do that even now)...I sincerely hope that left and other political parties stay firm and don't support this if and when it comes up for debate in the parliament !

A New beginning

The following statistics speak for themselves -

"India has roughly 12 judges per million people, as compared to America, which has 55 judges per million people. And, it is generally estimated by legal experts that for large, developing countries, you need roughly 60 judges per million, which means India has one-fifth the number of judges it ought to have. So one can gauge what a long way we have to come up to the required levels.

A new government has been sworn in, and there are many expectations from the new rulers. Citizens of India have given a resounding verdict in favor of one party with the hope that corruption and economical and development issues will be tackled far more effectively.

For any organisation or department to work efficiently and to deliver what it promises it is very essential to have a good reliable judiciary which is able to function without undue interference from the central or state governments.

Accountability and Fairness

Accountability needs to be for everyone no matter who they are - people in power, politicians or an ordinary citizen. Effective judiciary is an asset to any country. Unless all citizens get an equal treatment people lose trust in the judiciary and this can result in lawlessness.
People begin to take law into their hands and start meting out what they think is justice and the entire country can be thrown into chaos and a state of Anarchy!

A few points to be noted

1, Justice delayed is justice denied , so we need to have fast track courts that deal with cases without delay and make sure that a case is taken to its final judgment levels at the earliest.

2, It is a fact that there are far too many unnecessary issues brought in by the lawyers while defending a case which adds to the delay . The only way this can be tackled is by taking measures where only the absolutely essential evidence is admitted and arguments done on the basis of those.

3, Cut down on holidays - India has the highest number of holidays in the world which brings down productivity since we lose a number of working days. This is also one of the factors that adds to the delay.

4, Infrastructure in most of our lower courts is very disappointing. The Courts have no convenient building or physical facilities. There is a lack of necessary infrastructure to enable judiciary to function normally. Good library, requisite furniture, sufficient staff and reasonable space are the need of the qualitative justice .

5, Legal cell - lack of awareness and specific legal information by the general public as to what is involved when they go in for litigation - There are scores of such cases where the person has no knowledge of what is happening and what is involved If there is a legal cell that can advise the would be litigants , the number of litigations might drastically reduce, which in itself would speed up the judiciary.

6. Women's issue - When it comes to women related issues like domestic violence and rape there is a laid back attitude in our male dominated society and most of the time women get a raw deal. This section of the law needs a thorough revision, which in the long run also helps in bringing down crime rates since a large number of crimes are related to women related issues like domestic violence , rape and such other issues. Because of the manner in which is swept under the carpet, criminals are emboldened to commit the same crime again and again.

Conclusions

Basically what is the expectation of a person when he or she files a case in the court and what are the expectations ? Here is how it has been summed up by the legal experts - " A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and certain things could destroy that confidence and do incalculable damage to society that people come to believe that inefficiency and delay will drain even a just judgment of its value "

So, as things stand today Indian judiciary needs to reform quickly and effectively , so that there is more accountability and fairness and more importantly make sure that people do not lose faith and trust in the legal system of our country.




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