indian judicial system essay pdf

• IAS Preparation
• UPSC Preparation Strategy
• Indian Judiciary

Indian Judiciary - Indian Polity Notes

Indian administration is guided by three pillars – Legislature, Executives, and Judiciary. Indian Judiciary. In India, we have an independent judiciary. The other organs of the government cannot interfere with the functioning of the judiciary. It is an important topic for the IAS Exam  for the Indian Polity subject (UPSC GS -II).

This article will provide you with relevant facts about Indian judiciary, what is the role of the judiciary, its structure, organisation, and functioning. 

Indian Judiciary:- Download PDF Here

Introduction to Indian Judiciary

The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens. The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution. For democracy to function effectively, it is imperative to have an impartial and independent judiciary.

Independent Indian Judiciary

• It means that the other branches of the government, namely, the executive and the legislature, does not interfere with the judiciary’s functioning.
• The judiciary’s decision is respected and not interfered with by the other organs.
• It also means that judges can perform their duties without fear or favour.

Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any accountability. It is accountable to the Constitution of the country.

How Indian Judiciary is granted its independence?

The Constitution provides for a number of provisions that ensure that the independence of the judiciary is maintained and protected. For more on this, you can check the below links.

Indian Judiciary – Structure

India has a single integrated judicial system. The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the top. High Courts are below the SC, and below them are the district and subordinate courts. The lower courts function under the direct superintendence of the higher courts.

The diagram below gives the structure and organisation of the judicial system in the country.

Apart from the above structure, there are also two branches of the legal system , which are:

• Criminal Law: These deal with the committing of a crime by any citizen/entity. A criminal case starts when the local police file a crime report. The court finally decides on the matter.
• Civil Law: These deal with disputes over the violation of the Fundamental Rights of a citizen.

Supreme Court has three types of jurisdictions. They are original, appellate and advisory. The jurisdiction of the Supreme Court is mentioned in Articles 131, 133, 136 and 143 of the Constitution.

Functions of Indian Judiciary – What is the role of the Judiciary?

The functions of the judiciary in India are:

• Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants. The law then proceeds to decide what law is applicable to the case and applies it. If someone is found guilty of violating the law in the course of the trial, the court will impose a penalty on the guilty person.
• Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as binding on later judges in similar cases.
• Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the Constitution. The conflicts of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court. Any law or executive order which violates any provision of the constitution is declared unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
• Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
• Supervisory functions: The higher courts also perform the function of supervising the subordinate courts in India.
• Advisory functions: The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
• Administrative functions: Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.
• Special role in a federation: In a federal system like India’s, the judiciary also performs the important task of settling disputes between the centre and states. It also acts as an arbiter of disputes between states.
• Conducting judicial enquiries: Judges normally are called to head commissions that enquire into cases of errors or omissions on the part of public servants.

You may also read;

Indian Judiciary – Civil Courts

Civil courts deal with civil cases. Civil law is referred to in almost all cases other than criminal cases. Criminal law applies when a crime such as a robbery, murder, arson, etc. is perpetrated.

• Civil law is applied in disputes when one person sues another person or entity. Examples of civil cases include divorce, eviction, consumer problems, debt or bankruptcy, etc.
• Judges in civil courts and criminal courts have different powers. While a judge in a criminal court can punish the convicted person by sending him/her to jail, a judge in a civil court can make the guilty pay fines, etc.
• District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) are at the bottom of the judicial hierarchy in India.

• The court of the district judges is the highest civil court in a district.
• It has both administrative and judicial powers.
• The court of the District Judge is in the district HQ.
• It can try criminal and civil cases and hence, the judge is called District and Sessions Judge.
• Under the district courts, there are courts of the Sub-Judge, Additional Sub-Judge and Munsif Courts.
• Most civil cases are filed in the Munsif’s court.

Civil courts have four types of jurisdiction:

• Subject Matter Jurisdiction: It can try cases of a particular type and relate to a particular subject.
• Territorial Jurisdiction: It can try cases within its geographical limit, and not beyond the territory.
• Pecuniary Jurisdiction: Cases related to money matters, suits of monetary value.
• Appellate Jurisdiction: This is the authority of a court to hear appeals or review a case that has already been decided by a lower court. The Supreme Court and the High Courts have appellate jurisdiction to hear cases that were decided by a lower court.

Kickstart your UPSC 2024  Preparation today!

UPSC Questions related to Judiciary in India

What is article 124 a of indian constitution.

This article talks about the establishment and constitution of the Supreme Court.

What is the structure of Indian judiciary?

Judiciary in India has a pyramidal structure with the Supreme Court at the top.

What is obiter dictum in law?

Obiter dictum is an opinion or a remark made by a judge which does not form a necessary part of the court’s decision.

What is the main function of the Indian judiciary?

The main function of the judiciary is to interpret and apply laws to cases.

Leave a Comment Cancel reply

Your Mobile number and Email id will not be published. Required fields are marked *

Request OTP on Voice Call

Post My Comment

IAS 2024 - Your dream can come true!

Download the ultimate guide to upsc cse preparation.

• Share Share

Register with BYJU'S & Download Free PDFs

Register with byju's & watch live videos.

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to  upgrade your browser .

Enter the email address you signed up with and we'll email you a reset link.

• We're Hiring!
• Help Center

The Indian Judicial System: Transition from Print to Digital

In this, the third of a trilogy of articles for LIM written by Raj Kumar Bhardwaj, the author addresses the move from print to digital legal information within the Indian judicial system. He describes briefly the historical development of the legal system and the enormous backlog of cases that are pending throughout the court structure, before turning attention to the role of ICT in the legal system and the moves under way to create a more efficient electronic administration for the judiciary in India. Keywords: court administration; legal systems; information technology; India

Related Papers

IRJET Journal

John Rawls, an American moral and political philosopher in the liberal tradition, defines Justice as basic fairness in multidimensional interactions between humans and their institutions. This paper gives a detailed analysis of digitalization of judiciary system. Efficacy of the judicial system is therefore vitally connected with the development of the country. In this paper, we are going to make the judiciary system online by which we means all the record, data, information, status, pendency, trials, etc. will be stored online and can be traced back for its efficient use for the faster trial. It will save time and energy. Amid Pandemic, it became the need of time to develop such system, so the cases can be trailed in online mode via Video conferencing. Facility of Chat bot have also provided. It will beneficial to Courts, Advocate and petitioner.

Legal Information Management

Dr. Raj Kumar Bhardwaj

Talwant Singh

Journal of Xi'an University of Architecture & Technology

Amit Sharma

Mass media is considered as a guard dog for the Judiciary and other pillars of democracy. Mass media support in the fair trial of court proceeding and give proper atmosphere in the deliverance of justice to all. The present study is descriptive in nature and deals with the survey method. The data is collected with the help of a questionnaire form the journalist and lawyers. The result indicates that almost half of the respondent believes that the media helps to make a case strong and can influence public opinion as well as a judicial opinion.

Asghar Mayo

The judiciary is sine qua non for impartial administration of justice and no civilized society can be conceived in the absence of effective, independent and impartial system for administration of justice. Famous American Chief Justice, John Marshal observed that the judicial system comes home in its effects to every man’s fireside; it passes on his life, liberty, property and everything. History bears testimony to the fact that societies sans efficient and effective judicial systems had never been permitted to pollute this planet for very long: either they had to reform themselves paying heavy costs in blood and pain or were wiped off the face of this earth. The modern and efficient system of justice is prerequisite to preserve peace, prosperity, security and solidarity of a society. An accessible and efficient justice system is also essential for sustained economic growth. Right of Access to Justice is deemed as fundamental Right of all human beings and duly recognized by Article 10 of the Universal Declaration of Human Rights and Article 14 of the United Nations Convention on Civil and Political Rights. Accordingly, the aspirations of our founding father for social justice and to establish independent judiciary are reflected in the constitution of 1973 through the Objectives Resolution. Article 4, 9, 10-A 14, 25, 175,175-A and 179 advance the objective of establishing an independent and impartial administration of justice in Pakistan. Article 37(d) further envisions inexpensive and expeditious justice. Recently, Article 10-A has been incorporated in the constitution to guarantee fair trial and due process to all. However, despite having an elaborated constitutional backing, political aspirations and public necessity, modernization of judiciary has remained a serious challenge for expeditious and inexpensive delivery of justice. Unfortunately, judicial system in Pakistan is grappling with huge backlog of cases. Up to January 2017, there were more than 1.9 million cases pending in the Supreme Court, Federal Shariah Court, High Courts and the districts courts in Pakistan. The cases linger on for years and years and, in some cases, even for generations. Therefore, the present state of administration of justice in Pakistan necessitates that modern technological options be explored for transparent, speedy, satisfactory and less expensive justice. The most significant role in modernization of judiciary can be played by information and communication technology (ICT). Disruptive innovations of information and communication technology have potential to make judicial system of Pakistan more efficient, transparent, and impartial.

Zaiton Hamin

Drawn from a doctoral research, the first part of this paper aims at discussing the concept of ICT adoption in the judicial system by discussing the different applications of ICT in the courts of Malaysia and other selected jurisdictions such as the United States of America, Spain, Italy, Singapore and Australia. Apart from the concept, the benefits and advantages that could be derived from these technologies would also be reviewed. Being a double-edged sword, at one end the adoption of ICT provides considerable potentials to improve the delivery of justice. However, at the other end it raises numerous practical and administrative hurdles, as well as the issue of the acquisition of skills and readiness of the court officials, legal practitioners and litigants in embracing the technologies.

Indian Society for Legal Research

Indian Research , Mohd Imran

Information contained in this work has been received from respective research scholar's/paper authors. For information published herein, Indian Society for Legal Research is not responsible. Authors are solely responsible for any damages arising out of use of this published information.

yousuf hossain

WHITE BLACK LEGAL: THE LAW JOURNAL

Prajwal Dwivedi

This project is focused on Indian legal system growth. The Indian Legal System is one of the world's most experienced legal systems. In recent hundreds of years, it has updated and developed additional elements to ingest suspected legal systems worldwide. The Indian Constitution is the source of the Indian legislative system. This article will focus on exceptional changes and their effect on Indian modern law since four noteworthy legal conventions have been adopted in India, namely Hindu, Muslim, British, and the modern, independent Indian. We are based on British Laws in our current framework. The kings who governed India previously followed their own personal or religious laws. Hindus adopted the Dharma principle of obligation, faith, and inseparable characteristics. Dharma means moral rules that are founded on justice. The Muslims then pursued the Qur'an and the sources led by Prophet Mohammad. In the context of the transition from the Mughal law system, lawyers and advocates under the regime still acted accordingly, but usually, they acted as consumer representatives beforehand. In every step of the country, this paper discussed different courts and legal systems. This article attempts every step of the country to investigate the systemic development of the legal system in India. Pure and Applied Mathematics International Journal

Govind Bhattacharjee

Radical restructuring of the judicial system is necessary if our aim is to administer justice to citizens

RELATED PAPERS

Actas Urológicas Españolas

Felipe Perez

Teresa Ritter

Research Journal of Pharmacy and Technology

Dr. Santosh R Butle

david massone

Maria Sureda

Mohammed Absar

Crecimiento cero: la opción para un crecimiento sostenible

José Sánchez Narvaez

Revista da Sociedade Brasileira de Medicina Tropical

susana satuf

Cancer Epidemiology, Biomarkers & Prevention

Jurnal Pertanian Agros

Nurliana Harahap

Journal of Reading Behavior

Terry Lovelace

Sustainability

Ernestina Rubio

Informatica

Vitalij Denisov

Elsevier B.V

David Awolala

World Journal Of Advanced Research and Reviews

victor abhulimen

IEEE Transactions on Microwave Theory and Techniques

Martin Seebass

Aditya Pratama

Experimental Gerontology

Jay Hoffman

hjhjgf frgtg

Prace Naukowe Uniwersytetu Ekonomicznego we Wrocławiu

Grażyna Dehnel

Pertti Haaparanta

hjhds jyuttgf

European Respiratory Journal

Ruben Quintero

办英国谢菲尔德大学毕业证书 制作谢菲尔德大学文凭学历证书

hbgjfgf hyetgwerf

RELATED TOPICS

•   We're Hiring!
•   Help Center
• Find new research papers in:
• Health Sciences
• Earth Sciences
• Cognitive Science
• Mathematics
• Computer Science
• Academia ©2024

Home / clat pg / An In-Depth Analysis of the Challenges Faced by the Judiciary in India

An in-depth analysis of the challenges faced by the judiciary in india, introduction.

The Indian judiciary, being a fundamental component of democracy, performs a crucial function in maintaining the supremacy of the law and protecting the rights and freedoms of the populace. Nevertheless, the system is susceptible to obstacles that impede its effective operation.

The Indian judiciary faces several challenges that impact its efficiency, effectiveness, and public perception. The objective of this article is to furnish a comprehensive analysis of the challenges affecting the judicial system in India.

Phenomenon of delays in the Judicial System

The Indian judiciary encounters a big obstacle in the form of judicial delays . The delay of justice is attributed to the burdened courts and the accumulation of pending cases. The considerable number of legal cases, in combination with deficient infrastructure and insufficient judicial resources , imposes a burden on the legal system. As a result, litigants are subjected to prolonged waiting periods, leading to a loss of confidence in the judicial system and a denial of justice to those who require it.

The issue of prolonged court proceedings can be attributed to a multitude of factors. The issue is further compounded by the limited availability of judges . India is confronted with a persistent insufficiency of judges, resulting in an unfavorable ratio of judges to population.

The current state of the High Courts and lower courts in terms of available positions is a cause for concern, as it exacerbates the already existing backlog of unresolved cases . Prompt actions are necessary to tackle this matter, such as accelerating the appointment procedure and augmenting the number of judges to guarantee prompt dispensation of justice.

The antiquity of litigation procedures and the intricacy of the legal system are additional elements that contribute to the prolongation of judicial delays. Ineffective procedural barriers and out-of-date laws impede the judiciary’s ability to function properly in the Indian legal system.

There exist a multitude of laws that have not been rescinded or modified, leading to superfluous intricacies and hindrances. Furthermore, the complexities of procedures frequently result in technicalities taking precedence over the attainment of substantive justice. Optimising legal procedures and modernising legislation are pivotal measures for mitigating the workload on courts and augmenting the efficacy of the judiciary.

Insufficient specialization and expertise

The non-existence of dedicated courts or tribunals for specific legal domains imposes extra weight on the judicial system. Judges possessing specialized expertise are necessary to address matters pertaining to commercial disputes, intellectual property, the environment, and other specialized domains.

The lack of specialization results in inefficiencies and insufficient handling of intricate cases. The implementation of specialized courts and the provision of ongoing training for judges with specialized expertise could potentially improve the efficiency and efficacy of the justice system.

Judicial Independence and Accountability

The preservation of the impartiality of the judiciary is a fundamental requirement for upholding the legitimacy and trustworthiness of the legal framework. Nonetheless, there have been emerging concerns pertaining to the accountability and transparency of the judiciary.

The efficacy of current mechanisms has been called into question due to criticisms surrounding the appointment of judges, transfer policies, and disciplinary proceedings. Achieving a harmonious equilibrium between the autonomy of the judiciary and its answerability to the public via all-encompassing modifications is of paramount importance in bolstering the confidence of the populace in the judicial system.

The Appointment of Judges

The system of collegium [ Read details on the Collegium System here ] , which entails the selection of judges by a panel of experienced judges, has been a topic of discussion and scrutiny.

Detractors contend that the process exhibits a dearth of transparency and has the potential to engender preferential treatment or the marginalization of meritorious contenders. The examination of alternative appointment models, which entail the participation of a wider range of stakeholders and the use of transparent selection criteria, has the potential to enhance the strength and transparency of the judiciary.

Furthermore, the issue of judicial accountability is a crucial aspect to consider. Although judicial independence is of the utmost importance, it is imperative to establish appropriate measures to handle accusations of impropriety or malfeasance. Improving the current mechanisms for judicial accountability, such as implementing efficient investigative and disciplinary protocols, has the potential to bolster the trust of the general public in the judicial system.

Improving “Access to Justice”

The principle of equal access to justice is considered a fundamental tenet of any democratic society. Nevertheless, certain communities that are marginalized, individuals who are economically disadvantaged, and those who live in remote regions encounter obstacles when attempting to access justice.

Disparities in the delivery of justice arise due to limited legal awareness, high costs, and geographical constraints. The challenge at hand can be addressed through the implementation of measures such as the expansion of legal aid services, the promotion of alternative dispute resolution mechanisms, and the utilization of technology to enhance access to justice.

The provision of legal aid is of paramount importance in facilitating equitable access to justice for marginalized segments of the population. Notwithstanding the existence of legal aid services, there is a pressing need to enhance their accessibility and efficacy. Enhancing the legal aid infrastructure, augmenting awareness regarding legal rights, and fostering the participation of pro bono lawyers can serve as a means to mitigate the disparity and furnish equitable access to justice.

Alternative dispute resolution mechanisms, such as mediation and arbitration, have the potential to mitigate the strain on judicial systems and offer prompt resolution for specific categories of disputes. Facilitating the utilization of the aforementioned mechanisms, in conjunction with advocating for legal literacy and awareness, has the potential to endow individuals with agency and alleviate the burden on the judicial system.

Furthermore, the incorporation of technology has the potential to transform the availability of legal services. The implementation of digital technologies such as online case management systems, virtual hearings, and the digitization of court processes can effectively surmount geographical constraints and enable remote participation. Through the effective utilization of technology, the judicial system can improve accessibility and guarantee prompt dispensation of justice to all individuals.

Judicial Infrastructure and Technology

Inadequate judicial infrastructure and limited technological integration are obstacles to the judiciary’s effectiveness and efficiency. Several courts in India suffer from inadequate facilities, leading to inconvenience for litigants, lawyers, and judges.

Furthermore, the incorporation of technology in court proceedings and case management systems is not fully exploited, resulting in inefficiencies. Sufficient allocation of resources towards the enhancement of infrastructure and the extensive integration of technology could facilitate the modernization of the judiciary system and accelerate the resolution of legal cases.

Enhancing the judicial infrastructure entails the provision of sufficient courtrooms, adequately equipped libraries, and contemporary facilities for judges, solicitors, and litigants. Improving the physical infrastructure not only optimizes the overall performance of the judicial system but also creates a favorable atmosphere for the administration of justice.

Moreover, technology has the potential to bring about a significant change in optimizing court procedures. The implementation of digital technologies such as the digitization of case records, online filing systems, and e-bench platforms has the potential to decrease the amount of paperwork involved in legal proceedings, improve overall efficiency, and enable more effective management of cases.

The implementation of video conferencing technology in legal proceedings and the adoption of virtual court systems have the potential to effectively mitigate case processing delays and enhance inclusivity.

The Impact of Judicial Reforms on Public Perception

The judiciary in India is confronted with a range of challenges that have contributed to an increasing perception among the public of inefficacy and doubt. It is imperative to acknowledge these apprehensions and reinstate the trust of the general public in the judicial system.

The implementation of judicial reforms that prioritise transparency, accountability, and efficiency has the potential to narrow the divide between the judiciary and the populace it is tasked with serving.

Enhancing transparency in the operations of the judiciary is a crucial element of judicial reform. The act of disseminating judicial decisions and rendering them readily available to the general public can augment transparency and facilitate comprehension of the rationale underlying legal verdicts by the populace. The act of being transparent can effectively eliminate any misunderstandings and promote confidence in the legal system.

It is imperative to enhance accountability mechanisms in order to effectively tackle cases of judicial misconduct or corruption. The creation of an autonomous and unbiased entity tasked with examining accusations levelled against judges can promote answerability while upholding the autonomy of the judiciary.

Furthermore, the implementation of comprehensive ethics guidelines and codes of conduct for judges can facilitate the cultivation of ethical conduct and sustain the trust of the public in the judicial system.

Implementing case management systems, carrying out routine assessments of court performance, and allocating resources in accordance with workload and priority can all contribute to increased efficiency. Well-defined performance metrics and evaluation mechanisms can serve as effective incentives for judges to expedite case disposal, thereby mitigating the backlog of pending cases and ameliorating the problem of judicial delays.

Furthermore, the optimization of technological utilization has the potential to streamline the operational efficacy of the judicial system. The implementation of electronic case filing, video conferencing for hearings, and the creation of online portals for case tracking have the potential to optimize procedures and reduce time consumption. The optimization of technology’s potential can be further enhanced through the implementation of training programs for judges and court staff, enabling them to effectively utilize such tools.

Through the identification and acknowledgement of these challenges, coupled with the implementation of suitable reforms, India has the potential to cultivate a judiciary that not only maintains the integrity of legal principles but also garners the reliance and assurance of its populace. The establishment of a resilient and productive judiciary is a crucial element in upholding a fair and democratic community. It is imperative to allocate the required resources and implement reforms to surmount the obstacles and guarantee the efficient operation of the judiciary in India.

The exigencies faced by the Indian judiciary necessitate immediate consideration and extensive overhauls. Efforts to mitigate the problem of judicial delays, enhance the judge to-population ratio, reevaluate obsolete laws and procedural impediments, encourage specialization, safeguard judicial autonomy, facilitate access to justice, and modernize infrastructure and technology are essential measures for achieving a more effective and inclusive judicial framework.

In order to ensure the preservation of justice and safeguard the entitlements of individuals, it is imperative that stakeholders, comprising the judiciary, legal professionals, the government, and the wider community, engage in concerted efforts to surmount these obstacles.

Through acknowledgement of the urgent matters at hand and active efforts towards their resolution, it is possible to cultivate a judiciary that is characterized by efficiency, impartiality, and accountability, thereby fortifying the fundamental underpinnings of India’s democratic system.

Recommended Reading: Appointment of Judges in India: Analysis of the 4 Judges Case 

Subscribe to our newsletter and get daily news & updates directly to your inbox!

Please provide a valid email address.

Join our WhatsApp Channel

Join our Telegram Group

Essay on Role of Judiciary in the Country for Students and Children

500 words essay on role of judiciary in the country today.

Any judiciary is an integral part of a country, especially democracy . As India is the largest democracy, we have a big judiciary which makes sure it safeguards the interests of its citizens. Similarly, our Supreme Court is at the top of our judiciary system. It is then followed by our high courts which operate at the state level. Further, there are district courts operating at the district level. There are also many more courts below this order. A judiciary has many roles to play.

Role of Judiciary in India

As a judiciary is independent of the executive, it can easily safeguard the rights of the citizen to ensure peace and harmony. However, its role is not just limited to this. It plays different roles to make sure there is smooth functioning in the country.

Firstly, it plays a great role in making new laws. Judiciary is the rightful interpreter of our constitution as well as the current laws. It has the power to create new laws as well as overrule policies that might violate our constitution.

Furthermore, the judiciary also prevents any form of violation of the law. Similarly, it files a lawsuit against the person found guilty of doing the same. After that, a judge passes his verdict after listening to both parties closely and announces the judgment accordingly.

Moreover, it also acts as an advisory body. It happens more than often that the executive or legislature seeks help from the judiciary to clarify issues regarding the constitution.

Moreover, the judiciary decides upon the constitutional questions. For instance, if there is a dispute between states, they are brought to the Supreme Court where it decides how to interpret the constitution on the basis of the on-going dispute. In addition, it also looks after the administrating bit. Like it is responsible for appointing officers, maintaining records, administrating staff and more.

Most importantly, the judiciary is the protector of fundamental rights of the citizens. Everyone has the right to fundamental rights; however, sometimes people try to take them away. Thus, the judiciary ensures no such thing happens and lets every citizen live with harmony.

Get the huge list of more than 500 Essay Topics and Ideas

Importance in Today’s Scenario

A judiciary is very crucial in upholding a democracy like ours. As we all know, cases of injustice against people have risen nowadays. There is unjust discrimination happening and the judiciary must step in to stop all this.

Therefore, it becomes important more than ever to help people feel safe within their own country and homes. Judiciary checks and balances the ones who have power. This helps in preventing people from misusing that power.

In short, in today’s scenario of our country where crimes are happening rapidly, people turn to the judiciary for justice . Thus, we see how it is so very important that judiciary remains just and empowered in the times of darkness. Sometimes, it remains the single ray of hope for people, which is why it is needed more than ever now.

FAQs on Role of Judiciary in the Country Today

Q.1 What is the role of the judiciary in the country today?

A.1 The judiciary plays a major role in a democracy. It safeguards the fundamental rights of the people. Further, it makes new laws and ensures to punish anyone violating these laws. It also administers and appoints officers.

Q.2 Why is the judiciary important in the country today?

A.2 The judiciary is more important than ever now because injustice against people has risen to a great extent in our country. We need it to monitor the people and punish them for their crimes so everyone feels safe and included.

Customize your course in 30 seconds

Which class are you in.

• Travelling Essay
• Picnic Essay
• Our Country Essay
• My Parents Essay
• Essay on Favourite Personality
• Essay on Memorable Day of My Life
• Essay on Knowledge is Power
• Essay on Gurpurab
• Essay on My Favourite Season
• Essay on Types of Sports

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Download the App

• Festival of Democracy
• Latest News
• Andhra Pradesh
• Visakhapatnam

Entertainment

• Photo Stories
• Delhi Region
• Education & Careers
• Media Outreach
• Revanth Reddy
• Telangana Assembly
• Andhra Pradesh News Updates
• telangana news updates
• 2024 Lok Sabha elections
• Shehzad Poonawala calls Arvind Kejriwal 'Pablo Escobar' who runs gang from jail
• Mehbooba Mufti tells voters she believes in uniting, not dividing people
• Elnaaz Norouzi opens up on playing dual roles in 'Ranneeti: Balakot and Beyond'
• Father of youth who died during weight loss surgery urges TN Health Minister to speed up probe
• RSP leader writes to Calcutta HC Chief Justice seeking action against Abhishek Banerjee for 'anti-judiciary' remarks
• BJP, Akali Dal, Congress leaders join AAP in Punjab
• BJP fields 26/11 counsel Ujjwal Nikam from Mumbai North Central; drops Poonam Mahajan
• All to play for in Bhopal as Olympic Selection Trials 1&2 conclude
• S. Korea medical crisis: New head of doctors' association vows war
• IPL 2024: Sensational knocks by Fraser-McGurk, Stubbs carry Delhi Capitals to 257/4 vs MI

Indian judiciary needs an overhaul

Significant among the many accomplishments to India's credit after independence has been the performance of the three wings of the State, namely, the...

Significant among the many accomplishments to India's credit after independence has been the performance of the three wings of the State, namely, the executive, the judiciary and the legislature.

This columnist had the privilege and honour of observing the trials and tribulations a member of the higher judiciary goes through, as his father sat on the bench of the Andhra Pradesh High Court for some years.

The Indian judicial system is a well-established institution that has won global acclaim. It however, has, its weaknesses, traceable largely to the complexity and enormity of the responsibility it is expected to discharge. Those include heavy pendency, delay in disposal and not being technologically equipped to respond to the imperatives of a rapidly changing socio- economic system.

That some obsolete laws continue to remain on the statute book, despite the recent massive measures taken by the government of India to repeal a great many of them, and a process that is somewhat out of sync with the contemporary requirements is some others. Difficulty in accessing its services and high costs have also resulted in the judiciary being unable to reach the marginalised sections of society, especially the poor, the illiterate and vulnerable sections such as women.

Many constructive suggestions, by way of remedial measures, have emerged in recent times, especially after the somewhat unprecedented happenings in the highest court of the land. Many eminently doable solutions exist for addressing some problems, such as wrongful implication of parties in litigation or punishing the innocent.

Any progress will be a "win-win" gain, benefiting the judicial system as well as the other stakeholders. There can, obviously, be no quick fixes or instant solutions. Any attempt at rationalisation or improvement must be unequivocally be informed by the caveat that the due process of law and other basic tenets of jurisprudence can by no means be short-circuited or compromised.

These issues have all been gone into for a long time now. The 14th report of the Law Commission of India, as long ago as in 1958, dealt with them and identified inadequate strength of judges in Courts as the main reason.

The findings of the Manudhane Study Group in the early 1980s endorsed that view and, from 1986, the staff strength of the system began to increase. These issues also figured in the 230th Law Commission report and in the April 2015 joint conference of Chief Ministers of States and Chief Justices of High Courts.

One method of easing the situation would be to explore alternative avenues of dispute settlement. The time-tested practice of village level institutions hammering out solutions to cases of civil as well as criminal nature can, for instance, be consciously encouraged.

Coverage by mechanisms already in existence such as Consumer Courts, the Income Tax and Sales Tax Tribunals, the Central and State administrative tribunals, Mahila Courts, and Lok Adalats can be expanded while also strengthening their capabilities. Increased synergy and role clarity between the various agencies at the national and State levels dealing with graft, corruption and vigilance will also considerably ease the situation.

Apart from these systemic issues, a concern that has frequently been flagged by informed observers is "judicial overreach", a practice that has, in fact, often proved beneficial for the overall improvement of the robustness of the polity as is the Golaknath case, following which verdict, the power of Parliament to amend the chapter of the Constitution which deals with fundamental rights was taken away.

The stand-off between the Central government and the Supreme Court, in regard to appointments to the higher levels in the judiciary, also needs to be addressed in an atmosphere of mutual understanding and cooperation. The incontestable position that all the powers of the wings of the State emanate from the Constitution which, in turn, represents the will of the people, needs to inform that process.

Expanded and creative use of information technology, and digitisation of registry, trial and disposal of cases will infuse transparency and speed into the system. The all-pervading malaise of corruption and graft has not spared the judiciary either. However, it would be unfair to point one's finger at the judiciary until sweeping reforms have been undertaken to rid the entire public system of this scourge.

Arrangements exist, in countries such as the United States of America, to impart finality to litigation, while, simultaneously, ensuring that the judicial system is not needlessly burdened overworked. In America there exists a dual hierarchy of courts for the State and the federal laws. The verdict of the Supreme Court is always final in matters involving the State laws.

In rare cases the Supreme Court considers special leave applications for hearing (4% to7 %), but only after circulation to all judges and 4 out of 9 have to agree. And such a facility restricted to cases where the interpretation of the provision of a federal law or the Constitution of the United States is involved. Directly invoking the jurisdiction of the Supreme Court of the United States is possible but only in the rarest of cases and again subject to the same conditions.

Judges in the USA are also provided law clerks who play a crucial role in determining the law. They prepare "bench notes" with details including references to precedents, and also prepare draft judgements. Similar arrangements can perhaps be thought of in our country also.

The time and the attention of judges are the most scarce resources. Efforts are, already, on to re-engineer the judicial process to encourage efficiently through optimal optimising the use of these key resources.

In order to expedite disposal, many legislative measures have been undertaken, meant to discourage the practice of seeking unnecessary adjournments and also to provide for provisions such as plea bargaining. The efficacy of these steps has, sadly, remained marginal.

That reforms are important was highlighted by Pranab Mukherjee, the former President of India, in a recent lecture at a seminar organised by the Bar Association of Assam said, "The second generation of reforms should now focus on continuing legal education of lawyers, judges, judicial officers, bureaucrats and academics." Mukherjee was clearly referring to the establishment of National Law Schools, which not only impart affordable but also world–class legal education, as the first generation of reforms.

An exercise was undertaken some time ago to benchmark the performance of the Indian judicial system with those in Malaysia, South Africa, Sweden, the UK and the USA. The study showed that pendency in Indian courts, particularly for civil matters, was the highest.

Following the advent of the forces of liberalisation, privatisation and globalisation, and phenomena such as terrorism and climate change, calls for robust responses to hitherto unknown imperatives. All the wings of the State have to prove equal to the challenges posed by the emerging scenario. Given the manner in which our systems have conducted themselves over the past seven decades, however, one remains confident that the task will not prove to be beyond the ability of our institutions.

(The writer is former Chief Secretary, Government of Andhra Pradesh)

• AP High Court
• Indian Judiciary
• Trials and Tribulations
• Three Wings

• Advertise With us
• Terms & Conditions
• Subscriber Terms of Use
• Privacy Policy
• Editor'S Desk

© 2024 Hyderabad Media House Limited/The Hans India. All rights reserved. Powered by hocalwire.com