Indian Judicial system, can the poor expect fair Judgement?
Indian judiciary is the independent of the executive and legislative branches of the government according to constitution. Indian judiciary inheriting the common law and administering the law of the land is one of the supreme and independent body recognizing the judicial branch to interpret the laws in which customs, precedents and legislation's all codify the law of the land.
Since the inception of Indian judicial system, Indian courts have played a key role in providing justice, freedom, equality and integrity to its people and country as well. Where Supreme Court has delivered more than 24000 reported judgements .while subordinates are not less lagging in providing justice to its people and country as well. These courts form the strict hierarchy of importance in line with the order of the courts they sit
Despite effective features of Indian judicial system. It is a subject of hot topics, discussion and critics. Now a day's stereotypes has occupied the minds of Indian masses, as they identity it as infected branch having many loopholes. People expected courts as a guarantor of fairness, rights, freedom, Justice, equality and powerful weapon against corruption. But now people of India seems to be sceptical of the same and their expectations seems sinking in the hostility of the court processes. Because these expectations falls short of the ideals of the people.
Posting of Judicial Officers
Court was the final destination to pull out corruption from deep, but the Indian courts have broken this myth where corruption has gone beyond the bribing of judges. Indian court personals are paid off to slow down or speed up a trial or to make complainant go away. Unfamiliar with their rights or resigned after so many negative experiences citizens are fed up with courts especially those who can't afford money to make the proceedings getting going as courtiers do. As a serious backlog of cases creates opportunities for demanding unestimated and unscheduled payment to fast track a case. Postings of judges were once deemed to be a strong move to make judicial system fair and efficient. But judiciary mingled with politics and political leaders, the postings are done on demand and biased way for the relevant court. Where judgements came in favour of those political leaders. Political setup that is responsible for these appointments rest in comfort with such judges. According to Transparency International judicial corruption is attributable of factors such as delays in the disposal of cases, shortage of judges and complex procedure. Most disturbing and filthy event on Indian face is that corruption has reached to the highest court of India I.e. supreme court.
Disposal of Legal Cases
Indian courts have a hill climb task and effort to dispose the cases, crores of cases are pending in Indian courts depicts that the courts have defeated the very purpose of law. For justice delayed is in fact Justice denied. This hostility penetrates the talent, because of the disparity of lawyer's and the emoluments of the judicial officers. This negative face distracts and put the right calibre to disapprove judicial system. Indian courts have shortage of 40% judges leading crores of cases pending to dispose in almost five centuries.
The corroboration of all ill effects and inconsistencies has defeated the natural Justice rule, where poor can't afford or think Justice from the courts, the professionals and other judicial officers speak or know the only language of money inside the court premises. Because of shortage of money poor can't stretch his case to last destiny, before the rich who has a power to hire senior lawyers of his choice to beat the opponent, and put hold on the case during proceedings. Most of the times cases remain pending left people from downtrodden in the jails for years without any remedy the reason is that they can't afford to hire lawyers to get the bail. Criminals are left imprisoned for years unnoticed after the expiry of their punishments. Hussainara Khatoon is the leading case in this connection.
Unfair Appointment of Judges
Judicial appointment is deemed to be one of the factors responsible for judicial hostilities, in previous regime collegiums system was blamed for unfair appointment of judges of the courts. NJAC replace collegium system is deemed to be sceptical and worst than collegium system shows how judicial appointments are being compromised. What is left for poor is a question of concern. But the picture is somewhat clear that hiring a lawyer is getting tough for poor where judges and other court officials are already fixed by money, to left others in a despair who can't afford.
The current study says that people of india are losing faith from judiciary quite fast than any in the world .Where middle class has lost faith from judiciary, there is no place for poor inside the court. Common law system along with regulatory law is leading to devastation. Merits was considered to be part of the court which is leading to preplanned case proceedings and like decisions on the cost of helpless and poor Indian community. Court proceedings has proved to be a mess dealing without Justice, equality, free and fair Justice leading Indian masses to hang in weaving hands .This treatment is all providing the future of our court system, making the situation dramatically worse.
Unless efficiency and free and fair trials are not done on daily bases, unless court proceedings are not done in suitable way which is its rational identity given by constitution, the right young calibre could not be attracted to courts, In order to attract them judicial cadre system must improve their conditions. Missions like E-court mission mode projects must improve on true implementation pathway to realise its true object. Independence of courts is all important to put political hand out of courts and judiciary. If judicial appointment is done without favour the infected system will itself be cleared. Otherwise judiciary has no distinction before the poor, who has lost the identity known for these courts as mentioned in the legal document of the country
Rouf Raza Dar
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