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.
Origin - https://leadindialaw.wordpress.com/2022/10/17/what-is-the-biggest-flaw-in-the-indian-justice-system/
