Judicial system and Justice
Judicial system and Justice..
It is a privilege to live in a democratic country with fundamental rights and duties. The three main pillars of democracy are legislature, executive and judiciary.
Media is also considered as the fourth pillar. The strength and influence of democracy depend upon these pillars. They are for the people, of the people, by the people as the democracy is defined.
Legislature have the power to change or make law.
Executives implement the law by working on ground. e.g:- CEO of a company
Judiciary applies law and provide Justice to victims and punish the guilty ones.
An eye over the judicial system.
According to November 2019, there are 59867 cases pending in Supreme Court.
4.75 lakh and 3.14 crore cases are pending in High Courts and district & subordinate courts respectively.
There are a lot of pending cases and many cases are lingering, all these is due to the inadequacy of judicial strength.
Needs of Judges
There are 40 percent of vacancies in the indian courts i.e. required number of judges are low and the pending cases are in millions.
Due to these vacancies the working judges and lawyers have to overwork interestingly they don't overwork because there are millions of pending cases.
In 2016, then the Chief Justice of India T.S Thakur said India need 70,000 Judges to solve the pending cases.
According to law commission data (2018), India has 19 judges per 10 lakh persons.
Factors affect judicial system.
1.) Police-
Most of the victims directly report to police and seek for Justice in a fair way.
Police investigates and work relentless in order to perform their duty. They bring criminal in the court and judge gives punishment to the criminal according to the law and order.
But there is shortage of policemen in India.
According to UN any country need 222 policemen per 1 lakh persons.
And India has only 144 policemen per 1 lakh persons.
It is said that Police is politicians puppet so they work according to them and Police is also not credible so some people fear to report in Police station and to face court trials.
2.) Staff and Infrastructure
As mentioned above that there are 40% vacancies for the post of judges in different types of courts. One would notice lack of adequate facilities like toilets and drinking water especially for women, senior citizens and children on the court premises. The more diabolical thing is that there is an inadequate number of lawyer’s chamber. Litigants are the people whose needs should be catered primarily as the courts owe their existence to them and the absence of such basic facilities on the court premises leads to the augmentation of difficulties for the litigants.
Over the last few years the, relevance of judicial infrastructure has started to receive more emphasis specially by judiciary itself.
3.) Efficiency and resources
To work productively, one should have various kinds of resources. But here: courts lack of the some important resources and daily use items also like in some subordinate or consumer courts, there is not even a fan therefore the efficiency rate is also low, there are more no. of holidays which leads to the lingering of cases.
4.) Technology
There are discussions about expedite courts and e-courts, but not came into existence.
There is lack of abundant court rooms and facilities to accommodate judges, so the e-courts should be promoted.
Justice
There are many cases which prove that sometimes people not want legal justice according to court rules. This shows that people's trust is declining from judicial Justice.
For example, the December 2019, case of Hyderabad in which police encountered the criminals. And the people were commenting "This is called justice", "singham police in real" etc. That is people were so much happy with the swift justice (by encountering without any investigation). If this kind of ways promoted, then the no. of fake encounters may rise.
On the other hand, the Unnao case, which was in courts for over years, that is crime happened in June 2017 and convicted sentenced to life imprisonment in December 2019.
The difference between the criminals of both cases is: in first case they were poor and backward class people; in the second he was a BJP MLA in UP.
These are some domains and criteria which affect the Justice and widen gap among society.
Like politics, rich, poor, literate etc.
My OPINION
The expedite courts should be established in every district, because if smaller courts work smooth and fast then pending cases will be very low.
The condition of existing courts should be improved and the vacancies must be filled as soon as possible.
Public should support the judicial procedure and must believe in them.
It is a privilege to live in a democratic country with fundamental rights and duties. The three main pillars of democracy are legislature, executive and judiciary.
Media is also considered as the fourth pillar. The strength and influence of democracy depend upon these pillars. They are for the people, of the people, by the people as the democracy is defined.
Legislature have the power to change or make law.
Executives implement the law by working on ground. e.g:- CEO of a company
Judiciary applies law and provide Justice to victims and punish the guilty ones.
An eye over the judicial system.
According to November 2019, there are 59867 cases pending in Supreme Court.
4.75 lakh and 3.14 crore cases are pending in High Courts and district & subordinate courts respectively.
There are a lot of pending cases and many cases are lingering, all these is due to the inadequacy of judicial strength.
Needs of Judges
There are 40 percent of vacancies in the indian courts i.e. required number of judges are low and the pending cases are in millions.
Due to these vacancies the working judges and lawyers have to overwork interestingly they don't overwork because there are millions of pending cases.
In 2016, then the Chief Justice of India T.S Thakur said India need 70,000 Judges to solve the pending cases.
According to law commission data (2018), India has 19 judges per 10 lakh persons.
Factors affect judicial system.
1.) Police-
Most of the victims directly report to police and seek for Justice in a fair way.
Police investigates and work relentless in order to perform their duty. They bring criminal in the court and judge gives punishment to the criminal according to the law and order.
But there is shortage of policemen in India.
According to UN any country need 222 policemen per 1 lakh persons.
And India has only 144 policemen per 1 lakh persons.
It is said that Police is politicians puppet so they work according to them and Police is also not credible so some people fear to report in Police station and to face court trials.
2.) Staff and Infrastructure
As mentioned above that there are 40% vacancies for the post of judges in different types of courts. One would notice lack of adequate facilities like toilets and drinking water especially for women, senior citizens and children on the court premises. The more diabolical thing is that there is an inadequate number of lawyer’s chamber. Litigants are the people whose needs should be catered primarily as the courts owe their existence to them and the absence of such basic facilities on the court premises leads to the augmentation of difficulties for the litigants.
Over the last few years the, relevance of judicial infrastructure has started to receive more emphasis specially by judiciary itself.
3.) Efficiency and resources
To work productively, one should have various kinds of resources. But here: courts lack of the some important resources and daily use items also like in some subordinate or consumer courts, there is not even a fan therefore the efficiency rate is also low, there are more no. of holidays which leads to the lingering of cases.
4.) Technology
There are discussions about expedite courts and e-courts, but not came into existence.
There is lack of abundant court rooms and facilities to accommodate judges, so the e-courts should be promoted.
Justice
There are many cases which prove that sometimes people not want legal justice according to court rules. This shows that people's trust is declining from judicial Justice.
For example, the December 2019, case of Hyderabad in which police encountered the criminals. And the people were commenting "This is called justice", "singham police in real" etc. That is people were so much happy with the swift justice (by encountering without any investigation). If this kind of ways promoted, then the no. of fake encounters may rise.
On the other hand, the Unnao case, which was in courts for over years, that is crime happened in June 2017 and convicted sentenced to life imprisonment in December 2019.
The difference between the criminals of both cases is: in first case they were poor and backward class people; in the second he was a BJP MLA in UP.
These are some domains and criteria which affect the Justice and widen gap among society.
Like politics, rich, poor, literate etc.
My OPINION
The expedite courts should be established in every district, because if smaller courts work smooth and fast then pending cases will be very low.
The condition of existing courts should be improved and the vacancies must be filled as soon as possible.
Public should support the judicial procedure and must believe in them.
- Above mentioned are some issues which should be resolved, overall the Indian Judiciary is most powerful.
- The constitution of India is firm from last 70 years and only judiciary has the Power to change its basic structure.
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