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Campus Beat

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Why do we need reforms in the judiciary?

Ritika Gusaiwal

ByRitika Gusaiwal

Oct 9, 2020

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There are various reasons that state our need to bring reforms in the judiciary. Let’s look at some problems or rather we can say challenges in our judicial system-

Delay in justice– Justice delayed, justice denied. It must be a duty of the state to provide justice on time to get justice. For this, the Right to a speedy trial must be in the picture which will be an integral part of the principle of fair trial and is also a fundamental human right discourse.

Huge pendency of cases– The National Judicial data grid shows 2.5 crore cases pending in the sub-coordinate courts, which is high in number.

The judicial Process is complex, costly, and the dilatory -judicial process is difficult to understand by a normal citizen. Nor everyone is educated or a law person. So, it is quite difficult for him to understand the judicial processes, he actually needs a lawyer to understand the rigidity of the judiciary and because of this, justice becomes outreach.

If you look at these factors, it is very important to reform the judiciary as soon as possible. So. that we can skip the problem of delay injustice. People have great faith in the judiciary but if they will face such problems they will lose their faith in the judiciary. It is a need of the hour to reform the judiciary so that the state can provide effective justice in India.

There are some suggestions given by various commission to reform in the judiciary. Let’s look at these suggestions-

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Economic survey 2018-19:

It says that we should increase the number of working days in Indian courts. So, the maximum number of cases can be disposed of. The system of vacations is a legacy of colonial rule. ( Courts are provided with summer & winter vacations)

The establishment of Indian courts and tribunals services to resolve the issue of pendency of cases & easily resolve the matter on a ground level.
Deployment of technology to improve aspects of the courts especially during a crisis pandemic or epidemic, etc. For example e-courts mission mode project. 

Law commission– Post of Chief justice should not be transferable. During the appointment of the judges, it should be checked that there is a role of the judiciary as the executive appoints him.

Also, highlight that the parliament should introduce procedural reforms in criminal and civil cases processes as well as the evidence act in an incremental manner.

Malinath committee – It also recommends increasing courts and judges to decrease the dependency of the cases, as well as to reduce the vacations of courts to increase the number of more working days. Police investigation must be separated. Also stressed upon Witness protection (is the security provided to a threatened person providing testimonial evidence to the justice system, including defendants and other clients, before, during, and after a trial, usually by police.)

Also said about the right of the accused, which means and accused must get a proper trial, bail, free legal aid, which is provided under the constitution of India. These rights must be provided to him even if he is accused.

With this, I would like to conclude that India is a country with a 1.2 billion population. So, the state must have a check on this part because JUSTICE DELAYED, JUSTICE DENIED.

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