Judicial System: Challenges and Reform
Last Updated :
11 Jun, 2024
The Indian judiciary is regarded as one of the strongest judiciaries in the entire world. The structure of the Indian judiciary is provided by the Constitution of India, and it also serves as a watchdog of the Indian Constitution and defends fundamental rights.
As India uses the oldest legal system which retains many of the characteristics that the British judicial system left behind. It adheres to the “common law system” of legal jurisdiction; common law is the body of law created by judges and it controls subsequent judgments.
However, there are some intrinsic issues with our legal and judicial system, which expose its flaws and shortcomings and call for quick adjustments and accountability. There are seven times more judges per 100,000 persons in the USA than in India.
The criminal cases in India would take more than 30 years to resolve and civil cases would never be resolved at the current rate of disposition. Some of the major challenges faced by the Indian Judicial system are:
Judicial system in India
India’s judicial system is complex and multifaceted, reflecting the country’s diverse legal landscape and its constitutional framework. Here are some key features of the judicial system in India.
Check: Integrated Judicial System in India
Hierarchy of Court
Supreme Court (or Highest Court):
- This is the highest judicial authority in the country.
- It typically has the final say on matters of law and constitutionality.
- It may hear appeals from lower courts on matters of law.
- In some legal systems, it also has the power of judicial review, meaning it can review laws and actions of the executive and legislative branches to determine their constitutionality.
Check: Judicial Review in India
Appellate or High Courts:
- These are courts of appeals that hear cases appealed from lower courts.
- They generally review decisions made by lower courts to ensure proper application of the law.
- Depending on the legal system, they may have jurisdiction over specific regions or types of cases.
Check: Police Reforms In India – Challenges and Committee
Intermediate Courts:
- These courts may go by different names depending on the country, such as circuit courts or district courts.
- They handle a wide range of cases, both civil and criminal.
- They often serve as the primary trial courts for cases that do not fall under the jurisdiction of specialized courts (e.g., family courts, tax courts).
Specialized Courts:
- These courts are created to handle specific types of cases or legal matters.
- Examples include family courts, tax courts, labor courts, environmental courts, etc.
- They have expertise in their respective areas of law and may have specialized procedures.
Lower Courts:
- These are typically trial courts of limited jurisdiction.
- They handle minor criminal cases, civil disputes involving smaller amounts of money, and other matters.
- They may include municipal courts, magistrate courts, or other local courts.
Check: Role of Judiciary in India
Challenges to the Indian Judicial System:
Corruption:
- The Indian court system is similarly tainted as every other government institution, and there is no system of accountability. Without the consent of the Chief Justice of India, it is not possible to file a FIR against a judge who accepts bribes.
Lack of Transparency:
- The Right to Information Act does not apply to the judicial system.
- The citizens of India are not sufficiently informed about important issues pertaining to the functioning of the Indian judicial system, such as the fairness and accountability of the system.
- Transparency in the appointment of judges is also necessary.
- The Constitution guarantees the right to free speech and expression, which includes the right to know. However, the current system infringes on this fundamental right.
Nepotism:
- The appointment of 1/3 of the 33 judges on the Allahabad High Court’s judge panel was recently questioned because some of them were blood relatives of former or current judges of the Supreme Court of India and the Allahabad High Court.
- This issue occurs primarily due to the “questionable” appointment procedure that concerns the judiciary.
Gap with Society:
- Any nation’s judicial system must be a fundamental component of society, and interactions with that general public must be frequent and pertinent.
- The Indian court system, which was inherited from the British judicial structure, has no relationship with the society and Law enforcement officials are still unable to interact with the general public on a more personal level.
Check: Difference between NCLT and NCLAT
Pending Cases:
- As many as 30 million cases are still backlogged in India’s court system, which has the greatest backlog in the whole world.
- Over four million of them involve the High Court, and 65,000 involve the Supreme Court. The fact that this figure keeps rising and demonstrates the inadequacies of the justice system.
Undertrials:
- Most inmates in Indian prisons are still awaiting verdicts on their cases and are being held there till that time.
- In the majority of cases, people wind up serving longer terms of time in prison than would have otherwise been imposed on them, and the costs, suffering, and anguish of defending themselves in court are worse than serving the actual sentence.
- The police, on the other hand, can intimidate or silence poor people throughout the legal proceedings when the wealthy and powerful people are on their side.
- The victims are the common or poor people, whereas the wealthy can afford to hire costly lawyers and influence the outcome of legal proceedings in their favour. Additionally, this severely restricts the ability of foreign firms and investors to conduct business in India.
Reformation of the Judiciary System:
Appointment System:
- Vacancies must be filled immediately and it is necessary to establish an appropriate timeline for the appointment of judges and to provide the suggestions in advance.
- Another significant element that can unquestionably aid India in developing a better judicial system is the All India Judicial Services (AIJS).
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Increased use of technology:
- Virtual hearings were already tested during the COVID-19 period, and there is no reason why they cannot be made more institutional.
- The courts should consider this as a long-term solution rather than merely an emergency, urgent remedy.
- Additionally, it can be necessary to acknowledge the arrival of technology and set up all of its components to handle it.
Increase the number of judges:
- The first step is to raise the number of judges at every level, ideally by three, and at least by two.
- India needs to make a number of modifications, and filling all the open positions is the most important one in resolving the country’s major judicial competence issue.
- More judge openings are required, especially at the lowest levels of the judicial system.
Separate judicial and administrative tasks:
- The majority of administrative responsibilities should be handled by the agency to free up judges’ time, which should primarily be used for their area of expertise i.e. judicial functions.
Proper Investigation:
- India lacks an investigation policy, which leads to many innocent people being wrongfully charged and punished.
- This fact has been demonstrated in numerous cases. Legendary scientist Nambi
- Narayanan is in charge of India’s efforts to develop a cryogenic rocket engine at the Indian Space Research Organization. In 1994, he was wrongly accused of disclosing technical information about the project.
- He was imprisoned for fifty days and claimed to have been tortured.
- He was exonerated in 1998 after a CBI inquiry. However, it damaged his reputation and left his life in complete turmoil.
Innovative Solutions:
- The solution to clearing the massive backlog of cases requires more than just appointing more judges; it also requires innovative solutions.
- For example, creating new courts of appeal, researching IT solutions that can streamline workflow, and upgrading courtroom facilities are some ways to move past the current backlog.
Better District Courts:
- The district courts are the primary area of concern in India’s need for judicial reform, which requires a bottom-up strategy.
- Numerous cases are still outstanding in the lower courts, thus more judges need to be appointed to the district courts to cope with the backlog.
- For the purpose of adding more trial courts at the intermediate Panchayat level, the Gram Nyayalayas Bill was enacted.
Case management:
- It is a methodical way to keep an eye on resources and cases as they go through the legal system, it may be possible to improve management by altering the court’s rules regarding evidence and process as well as the number of delays, and adjournments.
- The data or records of each judge for the disposal of cases should be made public.
UPSC Article related to Judiciary in India
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Conclusion of Judicial System
The Indian judicial system is one of the strongest pillars of Indian democracy, it is currently experiencing problems that are rendering it ineffective. As a result, the public is losing faith in the judicial system and is hesitant to turn to this institution for assistance in resolving their issues. Since “justice delayed is justice denied,” it is crucial that the judiciary solves these obstacles as soon as possible to ensure that Indian citizens do not hesitate to approach it.
The Judicial System- FAQs
Why is judiciary important?
An independent judiciary is crucial for upholding the rule of law and is a cornerstone of good governance. The judicial system plays a pivotal role in improving public governance.
Who is the father of judicial?
Warren Hastings is often credited as a key figure in the establishment of judicial services in India.
What are the functions of the judicial system?
The Judiciary interprets laws, resolves disputes, and protects people’s rights and the constitution.
Who introduced judicial system in India?
India’s judicial system began in 1726 with the establishment of “Mayor’s courts” in Bombay, Madras, and Calcutta by a charter from King George I to the British East India Company.
What is the process of judicial system?
Districts have civil and criminal courts overseen by the District Judge for civil cases and the Sessions Judge for criminal cases, all under the High Court’s supervision.
What are the types of judiciary?
There are three main types of judiciary
- Unitary Judiciary
- Federal Judiciary
- Hierarchical Judiciary
What is judicial system class 8 civics?
A judicial system upholds the rule of law. In India, it includes courts where citizens seek justice for broken laws. The judiciary is essential for democracy to function well in India.
How many types of judiciaries are there?
There are three types of judiciary.
The Supreme Court
The High Court
The Subordinate Courts
What are the main branches of judiciary?
These branches may have different names and functions depending on the jurisdiction and legal system of the country.
- Supreme Court (or Highest Court)
- Appellate Courts:
- Trial Courts:
- Specialized Courts