A human is a creature of unpredictable nature, who could sometimes not control his desires or act on the demand of his necessities, which could be against the legal system or the morality sometimes. Hence, it is not possible to completely eradicate crime from society as it would mean to put a curb on the desires of man which also results in technological advancements or other discoveries.
This is where the judicial system comes into play. Ensuring
justice to the victim, providing appropriate punishment to the wrongdoer, while
ensuring that the sides are heard before taking any decision. However, nothing
could be perfect and the statement is true for the justice system of the
country also. There are some flaws or shortcomings, which result in the delay
of imparting justice to the victims or sometimes an innocent faces the trials
while simultaneously paying for a crime he never committed. In these
situations, one can always consult the opinion of the top 10 lawyers in Bangalore
or in his own city so as to have a better understanding of the legalities
involved in his case.
Indian Judiciary
The
judiciary oversees the law system which is governed by the law of the country
codified via conventions, norms and legislations.
The present form of the legal system was established in the mid-nineteenth century, which was established by the colonial regime and still has certain aspects of the same medieval customs. Today, unlike the past, the judicial system is governed by the judicial officers and has nothing to do with the civil services.
History
The legal
system of the country is single, unified and interconnected and the Supreme
Court is the highest authority. The judiciary serves the critical function
resolving the disputes, interpreting the law, safeguarding the basic rights and
serving the protector of the Constitution.
The common
law system was introduced by the British East India Company, who in 1728 had
the license to construct “Mayor’s Courts” in Madras, Bombay and Calcutta.
After the
Company won the battle of Plassey, the judicial duties of the company grew
exponentially, and after 1772, the Company’s Court’s spread outside the three
principal towns as well.
The firm thus, gradually overtook the Mughal Legal System, thus, decreased the influence of religion in the legal system.
Drawbacks
Although the legal system follows the principle of
Separation of Powers, thus separating the judiciary from the influence of the
executive and legislative branches, the Indian Judicial system still has a
number of issues. These issues affect the working of the courts in an efficient
way and thus negatively impact the rights of the citizens to have justice.
Issues with the Indian Judicial System
- Pendency of the Cases
- Corruption in the system
- Lack of transparency in some matters related to the judicial system
- Under trials of the accused.
Some of the major issues have been discussed below-
Pending cases
The number of pending cases in the Supreme Court has risen
to over 60,000 cases. The judge to population ratio is 10-11 million in the
country, the objective behind the judicial system has been undermined due to a
large number of pending cases in the courts around the country. The delay in
the cases, result in affecting the citizen’s right to justice.
If you are facing a criminal case or are thinking of filing
one, it is advised to seek the advice of the top 10 lawyers in delhi, or
the top 10 lawyers in Jaipur
or any other city where you reside, so that you can understand the legal
provisions involved in your case in a better way.
Lack of
accountability
While the judiciary is separated from the interference or
influence of the other parts of the government, the judiciary sometimes has too
much freedom, which results in the lack of transparency in the judicial system.
Corruption
Like other parts of the government, the judiciary is also
influenced by corruption in some circumstances. There is no accountability in
the system sometimes, the media is not able to provide a complete and accurate
situation of corruption in the court proceedings.
Conclusion
The Indian
Judiciary is one of the most renowned and reliable judiciaries in the world and
has given many judgments which helped in ensuring justice to the masses,
including protecting nature.
However, as
in democracy, an individual has the right to ask questions related to the
country. The pending cases are also another severe issue faced by the country
which directly impacts the legal system, also influencing the trust of the
people in the judicial process. Thus, necessary steps are required to be taken
by the government.
Lead India offers you a wide pool of experienced advocates,
who could assist you in the cases involving various matters, including the
criminal law, civil law, family law, or any other legal problem you are facing.
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