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11 SEPTEMBER, 2017 (MAINS)

TODAYS ANSWER WRITING CHALLENGE FROM GS- II

Q1. “The Indian Judiciary administers a common law system of legal jurisdiction, in which customs, precedents and legislation, all codify the law of the land.” In the context of current perspective discuss its challenges and measures with given statement. (200 words)

Please write the answer in comments section

  • Osho Korde

    The Judiciary has, in India’s independent history, more often than not tipped the scales back in favor of libertarian democracy whenever the balance has been disturbed by executive action. However, the Indian judiciary suffers from ample problems: The Judiciary has, in India’s independent history, more often than not tipped the scales back in favor of libertarian democracy whenever the balance has been disturbed by executive action. However, the Indian judiciary suffers from ample problems:

    • Delay: the justice is often delivered very late, resulting in loss of faith in them.
    cases of 30 years or more still pending.
    • Pending cases: to tackle them many fast courts have been set up but the result hasn’t improved much.
    • Inefficiency: Majority of people in field have taken law because nothing was available or just for the sake of degree, so quality of persons is missing.
    • lack of technological penetration in judiciary.
    • The standardization of cases across the states is different leading to lack of understanding about the problem and learning from good practices from one court to another.
    • Liberal grant of adjournments by the courts.
    • Lack of infrastructure and manpower shortage.

    Recently we have seen efforts like separate benches for Trade disputes, Tribunals, Lok Adalats and Rural courts, NJAC, release of undertrials, PIL, etc. to unclog our courts but complete overhaul of the system is need to ensure people continue lay their faith in our judicial system. Transparent appointment process, e-gov, Judicial accountability and All India Judicial Service can be starting points in the much-needed reformation