Indian justice system is one of the most important pillar of the Indian democracy. The fundamental requirement of a good judicial administration is accessibility, affordability and speedy justice.
MRINAL DEWAN, 25 August, 2020
I pen this article as a responsible but dismayed citizen of our country. I feel that the working of judicial system is not gratifying in relation to the likelihood of the general public .The word JUSTICE clearly remarks “A state or characteristic of being Just and Fair”. Justice is a major social weapon which is used amongst the people for obtaining an equal and Non-negotiable Social, Economic and Political position in the society. The Indian constitution states that there should be equal protection of law to all its citizens within the territory of India and No citizen can be refused to claim justice on the grounds of religion, race, caste, sex or place of birth.
The constitution assures the protection of citizen’s right at every level, but in practice the Indian Judiciary System is not only erratic, under-staffed but also extremely slow; resulting in justice being denied or justice being delayed to many. As per a legal maxim “Justice delayed is justice denied” which means that that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all. People sacrifice a lot of time, money at the judicial bodies demanding justice but usually end up getting delayed decisions and even sometimes no justice at all.
The poorly-functioning justice system costs India 9% of its GDP each year out of which one of the tremendous reasons is backlogs of cases; backlogs are increasing day by day and are at an increasing trend there is an urgent need to find a quick fix to dispose off the pending cases as soon as possible.
The lack of judges and increasing number of cases has burdened the court with backlogs that has only delayed the settlement of cases. For which I believe is thatThere should be a disposal mechanism according to which, A time limit should be fixed for a particular case to be disposed (especially in civil cases) A particular time limit fixed for each crime will help in reducing delayed judgment’s and will provide speedy justice which will be beneficial to both the court and the person filing the case, it will also be a pocket friendly task for the people demanding justice.As most of the cases in the Indian courts are delayed for many decades and they are just being added up to the new one without a conclusion being drawn up on them.
Sometimes courts take generations to pass a judgment due to many delays during the proceedings of the case and the person who has filed a case departs and the decision is provided to the next generation/generations because Pleas and cases are not heard on time ,bribery, political pressure, Non presence of either of the party or both the parties or demanding of fresh dates at every hearing and even the non-presence of witnesses or lack of proof or missing forensic or medical report add up to the delay of cases.
Lawyers being fully aware about the weak points of the judicial system keep on delaying cases because they know that they will easily get liberal adjournment which helps them earn more money and also most of the times they appear before the court without being prepared as they know they may easily get a next date. There should be strict rules and regulations made for this so that unusual delay doesn’t happen. Taking example of RAM MANDIR, case started in 1984 and decision was given in 2019 it took 35 years to provide a judgment. Also because of the large population of India there is requirement of well qualified pool of judges to help and remove the backlog of cases as per THE NATIONAL JUDICIAL DATA GRID launched by the E-committee of the supreme court, it informs us that currently there are about 3.53crore cases pending in our Indian courts (2019 July) which clearly signifies that there are certainly some major loop holes in our justice delivery system.
Government and collegium system should work hand in hand to solve the problem of backlogs and to improve the judicial system, to make substantial good performance and make sure that new center and state laws don’t make much of a speed breaker for the cases/disputes and the backlog situation can be treated well. As now currently there are 17 judges for 10 lakh people. A increasing need for employing of more judges and setting of more center’s or departments which will help the general people understand law and help solving cases outside the court and make proper settlement among both the parties with valid consent and also making people aware about the Lok Adalat’s and other government beneficiary schemes so that the lawful people can demand free legal aid.
The government department like STATE LEGAL SERVICE AUTHORITY (SLSA), DISTRICT LEGAL SERVICE AUTHORITY(DLSA) should be motivated to encourage and aware more people about the government schemes, Lok Adalat’s and about free legal aid which I think is not known to most of the people because of which they hesitate in taking a legal step. Justice is not always denied it is even ignored many a times , the court has clear facts, evidences and all arguments from both sides , everything is clear and in front of the court but still the delivery of judgment is delayed again and again because justice privileges are used.
Indian laws are very lenient and provide many rights to the convicts, the law should be a strict one and should lead to a speedy trial rather than delaying of the case for future and the case should be decided in a lesser time period because of delayed justice people feel mentally harassed and unsatisfied with the court as it consumes a lot of time and money and it becomes a burden on their head. The constitution has provided for independence of judiciary so that they can remain impartial to serve the constitutional goals, act fairly, reasonably, free of any fear or favor. But the problem arises when the other organs, i.e. the legislature and the executive start to interfere with them. The external interference not only disintegrates the faithfulness of the profession, but also acts as speed breaker to individuals rights.
Indian justice system is one of the most important pillar of the Indian democracy. The fundamental requirement of a good judicial administration is accessibility, affordability and speedy justice.Indian justice system has the most important role in executing the function of law and delivering it in a fair manner with a positive message for the public of India to keep their interest maintained in The Indian Judiciary system There is an urgent need to take remedial steps against the slow justice procedure otherwise our justice delivery system will continue to stumble along with no hope of speedy justice and a long term solution is required, instead of searching for quick-fix remedies and if by the time even some small good changes such as speedy trails, strict following of law Etc. the judicial system can restore the full trust of the people and our society will start to once again feel safe in the hands of our justice system which provides justice to all.