Wednesday, 26 September 2018

Essay on Indian Judicial System and Its problems for UPSC

Essay on Indian Judicial System and Its problems for UPSC

Essay on Indian Judicial System

To regulate any society„ community, state or country there is a need of law, which is set of tradition, culture, custom and code of legislation. The law states a clear bifurcation of what is just and unjust. In ancient India, law was related to dharma and maintaining dharma was considered to be primary duty of king as he performed the judicial role and was also considered as a messenger of God. But the things have been changing from ancient to medieval and medieval to modern periods.

India is the largest democracy in the world, where judiciary is separated from another pillar of democracy that is from legislative and executive, so that courts can perform independently without being interfered. This is the reason why people of India have faith in Indian judicial system. To give people easy and fair justice there is provision of various layers of judiciary. It comprises of Supreme Court of India which is the apex body of judiciary high courts which perform as apex court of the states followed by district and session courts in judicial districts, into which states are divided. In lower ring of the system there is a court of civil and criminal courts. In spite of this, there are various other courts like Lok Adalats, consumer courts, family courts, Gram Nyayalayas, fast track courts and e-courts to ensure the justice to the citizens. Indian judicial system is an ardent believer and follower of the principle of `Satyamev Jayate', which apparently means that truth, always wins.

Constitution of India provides the guarantee of justice to all. Indian Constitution Article 14 states "Equality before Law".

It is true that in recent times people have lost their faith in judicial system, because judiciary is not able to provide justice on time and thus the saying 'justice delayed is justice denied has been rather real in the Indian scenario. Most of the cases are pending before the courts for more than twenty years and this is a very long time as it requires more resources to fight the case. In such cases the victim, witness or charged person dies and many of the evidences get lost before the completion of the case. According to the recent survey, there are many under trial poor people who are behind the bars as they do not have money to pay for their hail. Many of them are still in prison even they have already spent more time than the actual punishment of their offence. It means that wealthy people get bail easily. In 2012, a Supreme Court bench itself mentioned that people's faith in judiciary is decreasing at an alarming rate.

The Indian courts faces dual problem
(a) Crisis of judges- In lower courts of the country, twenty one per cent seats are vacant. This is already lower than our population ratio. Among the biggest states, in Gujarat forty per cent seats are vacant and in Bihar thirty eight per cent seats are vacant. Among union territory, in Delhi thirty eight per cent seats are vacant. In North-eastern states in almost fifty per cent, Meghalaya and in Tripura thirty five percent posts are vacant. High Courts and Supreme Court are also facing the problem of shortage of judges. Recently, the Supreme Court and High Courts faced the problem of judges because of the fight on the matter of Collegiums and National Judicial Appointments Commission (NJAC).

(b) Burden of pending cases- in a recent statistics, only Supreme Court has more than sixty two thousand cases pending before them as on 1 January 2015. For the High courts, the number pending cases increased to 44 lakhs at the end of year 2013. The condition is worst for the lower courts, where 2.6 crore cases are pending.
The reasons for delay in justice are:
(a) Inadequate judges in court room.
(b) Granting adjournment unnecessarily. This delays the process of justice.
(c) Absence or work culture.
(d) Lack of infrastructure.
(e) Low level of awareness among the people regarding laws.
(f) Endless process of amendment of laws.
(g) Unnecessary interference of the judiciary in matters of legislative and executive that that is judicial activism.
(h) Corruption.
(i) Vacation of the courts.
(j) Older way of maintaining the files and records.
(k) Lack of co-ordination among stake holders. It results in communication gap.

To ensure the fair judgment, the vacancy crisis in the judicial system should be addressed by recruiting the judges at regular interval. To address the problem of recruitment, there is need of an All India judicial Service. India is having eleven judges per million populations which are among the lowest in the world. There is a need of establishing more courts and to increase the number of judges according to the population ratio. Making people aware of judiciary, laws and legal approach are some of the changes through which people's faith in judiciary can be restored. Maintaining the files and records of court so that they are easily accessible to the people; can also let people rely upon the judiciary. Small disputes should be resolved among the people by co-operation and mutual understanding in the community. Pending cases should be solved by the help of fast track courts.

The delay in treating the cases by the Indian judiciary is not new to us, but it does not mean that we should start portraying it as of no use. From last six decades, Indian judiciary has worked hard for the people to ensure justice to them and on many occasions it has very well set an example for the world. Also, the ultimate goal of Indian Constitution is to ensure the social, cultural, political and economic justice to the people with the help of various institutions established by the Constitution. Among all institutions, judiciary is most trustworthy. Hence, poor can expect fair judgment from Indian judicial system. In this regard, we can say there all is fair in life, even if there are small delays in delivering justice.



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