Overburdened judicial system in India

Overburdened judicial system in India

Indian Judiciary is the bedrock of the Indian and acts as the protector of the fundamental

rights of the people. like us,India has integrated judiciary.

Figure hierarchy of courts:

  1. Supreme Court, Article 124
  2. High Court, Article 214
  3. Subordinate Courts, Article 233.

There are some problems which gripped the judicial system highly and leading to delay in justice notice means delay injustice.

see all FISCAL FEDERALISM IN INDIA

Reason for taking a long time.

  • Less number of judges:-

Due to vacancies in the courts, justice is deleted 40% of vacancies in High Court, 6 vacancies in Supreme court and delay in the recruitment process in subordinate courts.

  • More cases by appealing:-

93% of cases in Supreme Courts are appealed in high courts and 50% of these cases are filed by placement and agencies as per ‘ Daksh report ‘.

  • The higher cost of Judiciary:-

multiple fees from a poor person is also a reason as he has to arrange money which took time.

  • The efficiency of Courts:-

70 cases are decided per day their efficiency is low and dissatisfied with decisions people appeal to the higher court.

  • Corruption:-

Rich people pay bribes and delay the cases against themselves which delay justice to poor.

  • Poor infrastructure:-

It causes hurdles as less infrastructure, Staff further causes a delay in the system.

It is said that the Indian Judicial system is too complex and too costly and it is true some extent.

Slow;

  • Average cases take 10 – 12 years as per ‘Daksh Report’
  • The number of under-trialsis 70% in jails.
  • Various convicted people had died but the judgment come late.
  • Example – justice in Nambi Narayan in spy scandal after 24 years.

Solution;

  • Timely fulfilling of vacancies, setting separate benches for appeal cases by supreme Courts, fast track cases of gave justice.

Costly;

  • The cast of judicial process for one day it takes the cost of non-courts proceeding that is Rs:1050.

Solution;

  • Free legal aids are the direct principle of state policy and It should be enforced. More efficient, manpower to gram Nyalayaslokadalts to be given.

Complex;

  • lack of awareness as part of litigant about laws. Rule of the judiciary.
  • Lack of availability of the simple and easy summary of laws and rules to poor people.

Solution ;

  • Simplification of rules,laws and regulations should be done to improve justice delivery. Free availability of poor people can ensure this.

To overcome these issues require political will as well as judicial Reforms needed to ensure ‘justice for all’ so that the poorest of the poor can access it, afford it and understand it.

 

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