justice

The Constitution of India promises the protection of life, rights, holds diversity, advices functions, and restricts the state’s powers. It not only helps in providing an individual’s liberty but also safeguards the fundamental rights of the whole society with proper Justice against arbitrary decisions.

The Judiciary believes in a democratic way of life which delivers accessible, accountable, and fair decision against the law wavers and punishes the culprit as per the law. The mechanism of the judiciary is based on the principle of resolution of a dispute.

The preamble of the Indian Constitution itself idealizes the word, ‘Justice’, at a preference higher than any other principle which are liberty, equality, and fraternity. Moreover, the Preamble clearly describes the precedence of social and economic justice over political justice.

The Constituents of the Indian judiciary are the Supreme Court with 34 Judges the High Courts which are 25 in number with 1079 total judges of which 771 as permanent and 308 acts as Additional Judges of the state, exercising large powers in a diversified country that houses over a billion residents. The courts are battling not only the civil and the criminal cases but are also exercising judicial view in order to secure the civil and political rights of individuals and also at times necessary rules and governs the power of the states.

The Indian Judiciary required and permitted the Legal Service authority act, 1987, with the view of providing legal consciousness to the citizen, legal remedies, and implementation of the ADR (Alternative Disputes Resolution) process. However, it is challenging for the judiciary to provide effective results depending upon the problem and its various proportions. And as Mahatma Gandhi famously remarked, ‘Truth never damages a cause that is Justice’

The need for a free judiciary

The Freedom of the judiciary is necessary for the rule of law. It is, therefore, necessary in a state to administer the rule of law. The rule of law should be the key element and spirit for every decision. And like any other public body, the judiciary can be themed to a fair evaluation if required. However, if that evaluation is not rightful, it may result in an inestimable loss to the body of the judiciary.

However, it is of utmost satisfaction that the citizen has faith in the field of law and justice at large. They must continue to stick to our Judicial institution with full support and hold it in high regard. It is the duty of our Judiciary to maintain this respect and trust that the citizens have. The judiciary achieves this by delivery of correct decisions against the arbitrary. And, also by securing the rights of the public and maintaining equality in the eye of law through natural justice. As was said by, Hellen Keller ‘Optimism is the faith that leads to achievement. Nothing can be done without hope and confidence’.

Challenges in delivering justice

Difficulty in speedy justice:

There are a huge backlog and a delay in the results of cases. The number of pending cases in Indian courts is around 28 million in trail courts and about 5 million in High Courts and over 80 thousand are pending before the Supreme Court of India and this sums up the figure of around 3 thousand cases per judge. Most of the civil and criminal cases take around three to five years to scrap, moreover, there are some cases and few classes where the duration of pendency rises to even ten years.

The result of such backlogs and pendency gives way for the lack of confidence and belief in the rule of law and the prevailing justice in the eye of the citizen towards the justice delivery system. People with grievances, the reason for actions, and protest start thinking of a solution apart from the legal framework to get an instant result which can even lead to a criminal perspective. Whereas, in the words of ‘William E. Gladstone, “Justice delayed is justice denied”.

Access to fair legal Justice

Political, communal, and economical consequences of dissatisfaction arise from the incapability of the people to get justice. If these backward or poor category people face difficulty in reaching police for fear of being ignored, harassed, falsely implicated and find themselves unable to reach the courts then it can be sadly remarked they no longer have any forum to express their grievances which eventually results in resentment and frustration because of not getting adequate justice. Based on some major reports that state that is these sorts of frustrations that results in terrorism, anarchy, insurgency, etc.

The enforcers of law often ignore the poor and weaker sections of society due to their ignorance and inabilities. This leads to situations where the poor or weaker sections take matters into their own hands. As a result of this, we see an increase in criminal cases. Basically, these are the silent alarms of the lessening of the civil cases and an increase in criminal cases.

Safeguarding trust within people

The Judiciary enjoys protecting the citizen of the country against nepotism, no maximum productivity, and arbitrariness. When it comes to insufficient proof from the claimer, it becomes difficult for victory in favour of an innocent. Even if the person is emotionally and mentally correct in his/her nature for the court-places emphasis on facts and the responsibility of confronting burden of proof is always on the person who wants to claim in a dispute, ‘Semper necessitas probandi incumbit ei qui agit’ which translates into “the necessity of proof always lies with the person who lays charges”.

However, false proof and lack of proof may change the culprit in the eye of law. One remains a suspect until he/she can prove otherwise. This also leads to a danger in maintaining the trust within people and the credibility of the judiciary affects here.

Another-danger in maintaining the credibility of the courts is the delay in the disposal of cases. The respects of the judiciary system have taken a beating here. The harsh reality is that in the field of credibility the trust citizens have for the High Court is insignificant. The trust for the lower Courts which are expected to deliver justice quicker is even lower.

Opportunities in delivering justice

A set of provisions have been made to ensure procedural laws for the disposal of criminal and civil cases. This includes amendments in section 309, 320 CrPC as well as the addition of new chapter XXIA on plea bargaining, etc.

The Indian Judiciary system is regarded as adequate only when it is able to provide speedy trial service. An active judgment at an inexpensive cost that will help in maintaining the rule of law and working on the principle of natural justice which will lead to achieving good governance and enhance the parallel effort of law and legal education.

Conclusion

The judicial institution and legal framework must in accordance with the vision that the judiciary has. The judicial delivery system is always braced to attain a resonant rule of law.


Author:

manu kashyap Manu Kashyap

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