Home » Subject » Essay » Indian Judicial system

Indian Judicial system, can the poor expect fair Judgement?

"Satyamev Jayate" national principle of our country, which consolidates our people, our nation. These two words convey how beautiful elegant and reliable meaning- Truth always wins. But is it really that significant?

On global rankings, India ranks 66th overall. With a great surprise Sri Lanka stands 48 and Nepal stands 57. Where we stand ranking sow evidently and also makes it clear that justice does not yield out of financial and economic status. What justice needs: to free of corruption and government influence. But unfortunately Indian Judicial system is suffering from both the problems deficiently. Perhaps, that's why we usually confronted with questions like- Why do cases languish for so long? Why does justice almost never arrive in time for most of India's justice-seekers. A key reason is that Indian judicial system is influenced by procrastination and it is too expensive as well.

Justice Delayed is Justice Denied

But, why our system is not enough capable to provide justice to a poor. In short it is lack of judges. Availability of not enough judges, automatically enhance delays. Delays minimize the chances of correct Judgement. Perhaps, it is rightly said "Justice delayed is Justice denied".

Vacancy Crisis in Indian Judiciary

We have not even enough to fill the vacancies that exist, let alone expanding and creating more 30%of Judges Positions are vacant in high courts. India has only 18,000 judges at subordinate level which comes up to 13 Judges per million over 4.3 million cases are pending in various high courts across the country. While countries like Japan, Singapore, Denmark and Sweden are the best examples to emulate with. If come up to pendency of cases, it has more appalling records. As per the latest available information57, 179 cases were pending in Supreme Court as on 30.06.2011. The number of cases pending in high court were 42, 17,903. According to a recent statement by Justice J.L Dattu in a conference, nearly 3 crore cases are pending in Indian courts. Though he ensured a deadline for trial of those cases that have been lingering for as long as 20 years will not go beyond 5 years. The steps have been tackling the pendency of cases are not enough we need a critically executed strategy.

First of all, our priority should be filling of vacant posts of judges. Unless, we have not enough Judges we will not be able to get our Judiciary system on the right path. State government and high courts decide the appointments, transfer and all other service conditions for subordinate courts. It need some meliorate changes, so that our system could not erode one's Jurisdiction.

Besides this government should emphasis over computerizing justice delivery system and work on e-court strategy. Morning/Evening shift in special courts can be arranged. Number of Lok Adalats should be increased to reduce pendency of cases. Establishment of village courts will be an easier access of justice for bucolic.

Impartial and Independent Judiciary

Ultimately there are many things to work on simultaneously. Our system should be easily accessible to people and it should also affordable impartial and culturally competent. The WJP report said that for a nation to promote better civil justice it needs to show "impartiality which includes absence of arbitrary or irrational distinctions based on social or economic status and other forms of bias". We have to meet these parameters so that poor can also expect fair Judgement.

Dimple Pal