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LOOPHOLES IN INDIAN JUDICIARY

Updated: Feb 20, 2022



Supreme Court Judges ( L TO R ) Kurian Joseph, J Chelameswar, Ranjan Gogoi and Madan Lokur addressing the media on January 12, 2018 in New Delhi, India. Four Supreme Court judges took the unprecedented step of publicly criticising then chief justice Dipak Misra over the allocation of cases at a press conference.


This article focuses on the loopholes in the Indian Judicial System including The Supreme Court of India and the district courts.


Importance of Judiciary

Judiciary is an important organ of the government. In a quasi-federal, diverse and vast country like India, where people are given certain rights and are expected to perform certain duties, the need for a strong justice system rises. For any country, the judiciary is expected to be fair, bias-free, and aloof and therefore, is supposed to be the most important organ.

Despite the independence of the judiciary from the executive and legislative bodies, the Indian judicial system faces a lot of problems.


Indian Judiciary

Despite the independence of the judiciary from the executive and legislative bodies, the Indian judicial system faces a lot of problems.

The Judicial Courts in India have several loopholes including lack of judges, the pendency of cases, lack of transparency, corruption, and what not.


Pendency of cases

The intent of the judicial system has been defeated by a significant number of cases pending in the Supreme Court and other lower courts. According to a well-known proverb, "justice delayed is justice denied." Because of the gap between the salaries of talented young lawyers and the fees of judicial officers, the judiciary is no longer attracting the best legal talent.


Corruption

Just like the other organs of democracy, the executive and the legislative, the judiciary too has been found guilty under the charges of corruption though corruption charges under judiciary go unnoticed at times. 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.


Lack of transparency

The most important requisite for a good judicial system is fairness and impartiality. In many cases, the integrity of justice is killed when a judge prefers his relative to be the case winner over the one who actually deserves to win it. Other instances where lack of transparency can be seen includes the appointment of judges. People having internal relations or contacts are chosen over people who actually have the skills and talent.

In order to curb this unethical practice, National Judicial Appointments Commission (NJAC) was established. It has altered the ability, merit, and other criteria for the appointment of judges.


Conclusion

The Indian judiciary system's integrity is unquestionable. It has one of the world's largest justice systems, with laws covering nearly any type of criminal activity. When we look back at the Supreme Court's history, we can see that since its first sitting on January 28, 1950, it has handed down over 25000 recorded judgments.

However, problems such as corruption, pending cases, and lack of transparency cannot be prevented. As a result, if the judicial system clears these backlogs, India's judicial system could become the best in the world. Likewise, public faith in the judiciary can be restored until it is absolutely lost.

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