Solutions To Problems Faced by The Indian Judicial System

Solutions to problems faced by the Indian
Judicial System
1. Adding a new goal to the Five Year Plans of Government :
Increasing judicial strength -India having just 13 judges per
million of its humongous
population is a clear sign that it lacks the infrastructure to
provide the grounds for judicial improvement in the country.1
Being the largest democracy, India is far behind in planting
judges to its courts Increasing the supreme court with the best
high court judges and so on for the lower courts will provide a
better strength of judges in the courtroom’s.
2. Taking big cases directly to required courts - Some cases
involve big names and large groups that require high level of
investigation but are
admissible in lower courts. By this it means that cases which
involve high profile names or are of national importance
should be fast tracked to supreme court directly which cuts the
cost and time of normal procedure. There are certain cases
which are destined to be high profile, high pressure and waste
everyone's time. There are many ordinary citizens who are
satisfied with a sessions court and can go no further. They
should have greater priority over the high profile cases which
in any case end up disregarding both the sessions court and
high court to end up in the Supreme Court.
1
The problem is that if the government acts urgently and drastically now,
we may have a change only after five-ten years. That's how grim things
are. But then the first drastic step has to be taken, whatever it is.
3. Availability of Court functioning- When the country is
working 24X7, Indian Courts should also be available at least
in all working days
throughout the year. This is a long term shot as only when the
number of judges increase will that allow the courts to open at
all days. The availability of courts at all days will allow the
judicial system to work efficiently and more cases to be
heard.In stead of having a "lady justice" who is blindfolded, it is
better to have one with her eyes open and arms free 24 hours
a day.
4. Developing advanced and modern courts- This is a very
important yet not usually considered point. When everything is
being modernised, why
should the courts be left far behind? Our courts should be fully
digitised and technical experts should be brought in to
streamline the whole process right from when a person files a
case, to updating it and to the final verdict.We can even have
a group of editors to condense all verdicts and not be bogged
down by long, rambling final judgments. What if our judges
wore a military uniform? Would that increase efficiency?
Desperate times call for desperate measures.
5. Non-acceptance of flippant cases- If you are a powerful
citizen with a lawyer with good connections, then you can get
any kind of cases admitted in court, which may, however, be
thrown out at a later stage leading to a lot of time being
wasted.There should be clear guidelines issued to all judges
on not accepting flippant cases. Some times to avoid
immediate actions people file cases that are not even logical
or have a clean decision but just so that they could have some
extra time before the jurisdiction, they file one.
Problems faced by the Indian Judicial

System
1. Pendency of Cases- “ Justice delayed is justice denied”2 One
of the primary issues with the Indian judicial system is the
pendency of cases. If the
vacancies are filled, pendency would go down and make the
justice delivery system efficient. According to a report of 2015,
there were close to 400 vacancies for the post of judges in the
24 High Courts of the country. The pending number of cases
in the Supreme Court has mounted to around 60,000. There
are some 25-30 million cases in various courts. Budget
allocation for the judiciary is just 0.2 percent of the GDP. The
judge-population ratio is 10.5-11 to one million, which should
be at least 50-55 to one million. A Large number of cases that
are pending in the Supreme Court as well as the other lower
courts has defeated the purpose of the judicial system..
Judiciary is no longer attracting the best legal talent because
of disparity in the income of bright young lawyers and the
emoluments of judicial officers. To attract persons of true
potential to the judicial cadre, the system must improve their
service conditions, particularly the conditions of the trial court
judges.In general, when the victim is not economically well off,
they need to suffer as they are financially weak and hence
cannot afford high profile lawyers who can win the case in a
limited span of time. Meanwhile, the rich can easily afford
expensive lawyers and change the course of dispensation of
the justice in their favour (not necessarily true if the lawyer
follows ethical standards). This also creates a big blockade for
international investors and
2
A famous proverb
corporations who want to conduct business operations in

India. Thus, the pendency of cases and lack of lawyers and
judges is a big challenge to the Indian judicial system.
2. Accused under trial- Another drawback that arises from the
above-stated drawbacks is the under trials of the accused.
Precisely, for those who have committed a crime, it is OK, but
is it fair for an innocent to spend more time in jail just for
waiting for his trial? The Indian jails are full of people under
trials; they are confined to the jails till their case comes to a
definite conclusion. Mostly, they end up spending more time in
the jail than the actual term that might have had been awarded
to them had the case been decided on a time and, assuming it
was decided against them. Moreover, all the expenses, pain
and agony that are used by them to defend themselves in
courts are worse than serving the actual sentence. Under trials
are not guilty till convicted. On the other hand, the rich and
powerful people can bring the police to their sides, and the
police c an harass or silence inconvenienced and poor
persons, during the long ordeals in the courts.
3. Corruption- Like the other pillars of democracy, the
executive and the legislative, the judiciary too (in some
instances) has been found to engage in corruption. There has
not been established any system of accountability. In the case
of judicial processes, even the media is unable to give a
proper and clear picture of the corruption scenario. The media
seems to be more focused on exposing corruption in other
fields, especially the executive. A
minister taking a bribe or distributing money during elections

may become a headline, but a courtroom clerk taking a bribe
and altering the date of the trial remains unnoticed.As per the
constitutional provision, there is no provision yet for registering
an FIR against a judge who has taken bribe without taking the
permission of the Chief Justice of India. Obviously, visiting the
CJI, seeking his permission, and then registering an FIR is not
what a poor man will prefer to do. This will prove to be more
expensive and time consuming for him, besides the court and
lawyer’s expenses.The Professional arrogance of the judges
whereby judges do not do their homework and arrive at
decisions of grave importance while ignoring precedent or
judicial principle delays justice and adds to trial’s spam.
4. Lack of transparency- In the recent past, there have been
many debates around all over the nation regarding the
Collegium system and the new system that the government
wants to introduce for the appointment of judges, the NJAC.
Well, be it the collegium system or the NJAC, none seem to be
transparent enough to make the selection process of judges
clear and understandable to the common public. All
democracies are swiftly moving toward an open government
and a citizen’s right to know an international trend increasingly
being supported by judicial decisions. Further, the right to
know is a part of the freedom of speech and expression and
the present secretive system, as implemented by the
collegium system, violates this fundamental right. The
principle of open trials and justice is highly essential for the fair
administration of justice.The current government led by Prime
Minister Modi states that the introduction of NJAC shall be
more transparency in appointment of judges. The supreme
court of India, however, denied the fact and said there is a
need for the even higher level of law for the appointment of
judges as NJAC is
not “perfect.” According to the SC, the bar council was invited
to amend the NJAC saying that the committee must comprise
of the Chief Justice of India and four senior judges of the
supreme court.Well, let’s say on this matter the government
and the supreme court stand face to face, but the fact is still
unanswered whether the stated amendment or even the
current proposal bring transparency in the selection of judges
and make the framework clear to the common public?
5. Lack of interaction among people and courts- For any
Judiciary to be successful, it is necessary that the general
public must know the
mechanics of judiciary. The society must participate in the
court proceedings. However, it is the duty of public as well to
make sure that they are participative enough to have the
knowledge related to the judiciary. The law officer and makers
must be close to the public and seek their opinion on a
particular law or judgments.

Solutions To Problems Faced by The Indian Judicial System

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Solutions to problems faced by the Indian

Problems faced by the Indian Judicial

corporations who want to conduct business operations in

minister taking a bribe or distributing money during elections

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