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Judicial System of India

Indian Judicial System and Its Flaws, Justice in India, Discrimination in Justice System in India

Judicial system of every country has its own importance. As India is the second largest country in the world, so the Judicial system of India has its own significance for its huge population.  On 26th January 1950 constitution of India was written, and it is the most significant constitution of the world, and on that day Supreme Court of India established. India is the country having 52% literacy rate. Many citizens  know their right and look forward to the courts to find remedies. Moreover, it has recognized in the constitution as the fundamental right of every citizen. Judiciary is the courts which applies the constitution on the cases. So Judiciary is not independent, but it has bounded by the constitution. Judiciary has a work to execute the cases and to resolve the problems between the State and the citizens of the State.

While resolving the cases judiciary does not have to feel external pressure because constitutions provide them with the liberty to deal with the cases and not be affected by external stress. After all, the constitution states that Judiciary is separate to other two organs of Government, Executive authorities and Legislative authorities. The Judiciary is not separate to these authorities, but also Judiciary is not sub-ordinate to executive and legislative authorities. the Judiciary has upper hand on these two pillars of the State because every person of the State can be put under the trial irrespective of whether they belongs to the any group of life. This liberty cannot be snatched from the Judiciary by any amendments by the legislative body. The judges of the Supreme Court which are elected by President, does not involve the suggestion of any minister.

Courts of India:

Judiciary system of India consists of three courts: Supreme Court, High Court, District Court or subordinate Court. Judiciary system is based on judges, magistrates and lawyers.

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Supreme Court of India:

Under the constitution, the Supreme Court is the uppermost Court of India. This court consist of Indian Chief Justice and 30 judges and some advisory judges as well. It protects the Constitution of India as it has the right to explain and interpret the constitution of India. It is the highest level of appellate Court. The cases solved by the High Court can be proceed to appeal in the Supreme Court whether they are civil or criminal or any other matter. Some matters which affects the public mostly, the President of India has the right to refer it to the Supreme Court to have an opinion on it, and the Court gives its opinion to the President. The law declared by the Supreme Court binds all the lower courts. The language in which proceedings are followed in this Court is English. Criteria of being the Supreme Court judge is 5 years High court judge or have done advocacy of 10 years in High Court and the judge which is prescribed by the Indian President with the consent of Indian Chief Justice. The Indian Chief Justice leads this Court.

 

 High Court in Various Province of India:

High Court has a total of 94 judges. 73 of these 94 are permanent and other 23 are called additional judges. There are 25 high courts working in India at the State level. The primary matter of the high courts is to listen to the appeals of the lower Court, but it may take the right decisions in some cases. Mainly High Court deals with the economic and legal documentations. Eligibility criteria of a High Court judge is that he should be an Indian citizen and has practiced for 10 years in any court of India. The Chief Justice of States leads this Court. Indian President makes the appointment of judges of High Courts with the consent of High Court Chief Justice and the State Governor.

District Courts in India and Their role in Judiciary and Court of Law in India:

Below the High Court, there are District Courts or subordinate courts are present. These courts are distributed according to the population of the State and the number of cases leads to the Court. District High Courts lead the District Court in every State. This Court is headed by the District Judge which is appointed by the Government of State. This Court deals with the civil and criminal matters of the district. The eligibility of these courts is that the person should be an Indian citizen, and he should have practised advocacy for seven years.

Role of Judicial Academy of India in Judiciary and Court od Law in India:

A National Judicial Academy in Bhopal is present which trains the other Judicial Academies of States. There are 23 Judicial academies of states are present in India.

Removal of a Judge in Indian Judicial System:

Judges of the courts can be removed by the Indian President because of their behaviour, or they are not capable of performing Justice. The process of proofing the misbehaviour or incapability is done by the parliament under the law. President had to address both the parliaments and get the two-third of the majority by votes before announcing the removal of the judges

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Courts of India has the freedom to exercise their rulings and they are a separate body from the executive and legislative authorities. There are some flaws in the Indian Judiciary System.

  • Corruption in the Judiciary of India is prevalent, and by money, people get their exciting result that is a dark aspect in Judiciary and Court of Law in India. Judges and lawyers are involved in bribery. They take money to slow down the result of the cases. There is no proper method present for the accountability and trials of the judges and lawyers. In 2011, Soumitra Sen, former High Court Judge was accused by Rajya Sabah for the unauthorized use of the funds. The constitution does not provide the facility of registering an FIR against a judge without the approval of Indian Chief Justice. So the common man does not have the reach to have permission from the Indian Chief Justice and to launch an FIR. A common man does not have the money and time to try to reach the Indian Chief Justice, and even the focus of media in exposing the corruption is in other fields such as executive authorities. The politicians taking bribe becomes a headline in media but taking a bribe and changing the date of the case remains unnoticed.
  • Another problem in the Indian courts is that they have millions of pending cases. One of the problems of pendency of cases is due to the un-fulfilment of vacancies created by the sanctions and retirements. According to the report of 2015, 400 vacancies are present in different High courts. More than 65 thousand complaints in Supreme Court are pending, and 30 million complaints in different courts of India are pending. This pendency of cases shows the inefficiency of the courts and interest of the people decreases because of this pendency. Another drawback of pendency of cases is that it is the accused person who is under the trial, is prisoned in Jail. So the Jails of India are full by the accused person, and they have to face the agony and pain of prison-ship during the trial without being confirmed as the criminal. Some of them are innocent and released at the end of the case. Despite their innocence, they spent the precious time of their life in Jail. Those who are criminals stay more time in Jail under trial than their decided punishment of prison and the vast amount of expenses arise on these under trial jailers.
  • The budget of the courts that are announced by the Government is also very low, so the young talent doesn’t want to provide the services for the Judiciary.
  • The lack of transparency in appointing the judges is also a huge problem. Earlier there is. Collegium system is present in which Chief Justice of the respective courts and three senior Judges of the courts has the authority to assign and shift of judges, and now National Judicial Appointment Commission which is called as NJAC has the authority to assign and shift of judges. The NJAC is composed of Indian Chief Justice, and two senior Supreme Court Judges and two famous men assign by Indian Chief Justice, Indian Prime Minister and opposition leader in Lok Sabah. Present Government of India states that NJAC is a more transparent method of appointing judges than the Collegium method, but the Supreme Court says that even larger scale of transparency is required in the appointment of Judges. The Indian Chief Justice and four senior Supreme Court Judges should be the member of the commission of appointing of Judges.
  • Another problem for the citizens to get Justice is that citizens do not have proper information about the procedures or the technicalities which has to follow of to get the Justice. Citizens are also not aware of their rights.

It is also the responsibility of the citizens to know the basic structure of the Courts to find remedies. The lack of interaction among the citizens and the Court is also a significant problem. The members and officials of the Court have be close to the public in order to provide Justice to the citizens as early as possible.

  • The egotistic and superior nature of the court officials is also the main problems of the Court. They do not do their work with efforts and does not come on time in the courts. Because of this nature, they neglect the precedents.
  • Rich people can get quick decisions from the Court rather than the poor people. Many cases reflect this problem like Mumbai Court took 13 years to give a decision against the actor Salman Khan that he has done culpable homicide and has to face five-year prison and it took him two days to appeal against the decision and hire the lawyers of such calibre that everybody knows that they won the decision of every case and the Court suspends the prison and grant him bail.

Issues in Indian Judicial System
Issues in Indian Judicial System

Remedies for Judiciary and Court of Law in india:

  • The first thing which Government has to do is to expand the number of Judges of all Courts: Supreme, High and sub-ordinate courts. This can be done from scratch to increase the quantity and quality of the schools and colleges of law in every State of India.
  • In order to decrease the pendency of the case, courts should have to be open throughout the year. Nowadays the courts have summer, winter and many other vacations. There should be a policy of granting holidays to the officials of the Court in such a manner that the activities of the Court do not hinder. A night shift should be open to decrease the number of pending cases and also to provide Justice quickly.
  • The world is getting digitalized. The Indian Courts should provide digitalized online services in order to submit cases and get the dates. It not only decreases the requirement of extra staff and also decreases the usage of paper and finance.
  • Introduction of the separate method in exceptional cases should decrease some problems of the lower courts in that manner that some cases are destined to go to the Supreme Courts. However, they first entered in the District Courts, and after the decision, the appeal is gone to the High Court then these cases go in the Supreme Courts. A fast track method should be used in such cases that lower Court can directly send the case to the Supreme Court considering the importance and matter of the case.
  • Another thing which is required in the Courts is that the method of non-accepting of the false cases should be introduced in order to save precious time of the courts. This is not only the responsibility of courts, but it is also the responsibility of the citizens to not to waste the time of the courts by entering the pseudo cases into eh courts to gain their interest.

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Issues in Indian Judicial System
Issues in Indian Judicial System

Important decisions and their significance in Judiciary and Court of Law in India:

Here in this paragraph we will analyze the significance various controversial decision in Judiciary and Court of Law in India:

  1. Supreme Court permits to build Ram Temple in place of Babri masjid. This case becomes so popular because the whole Muslim community is behind Babri Masjid. The Court gives the Muslims 5 acre land to build their Masjid instead of Babri Masjid.
  2. One of the critical decision of the Court is to permit the entrance of women aged 10 to 50 years into the Sabarimala Temple, which is banned before this decision. This decision is giving in order to remove the discrimination of women.
  3. Another decision by the Court is also put under criticism that adultery is not a crime if it is done with consent. However, if it leads to suicide, then it is a crime. Many criticisms follow this decision that it will make women a commodity rather than Human being.

References;

https://www.sci.gov.in/sci.gov.in,

Written By: Abid ali, abidali92@gmail.com

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