Limitations of Indian judicial system by Karthik Narayanan at LEXCLIQ

Indian is the country which is having a well defined constitution in the world. The framers of our constitution have framed it in such a way that leaves less ambiguity. Our constitution is supreme and binding on all the three organs of the state. The legislature, executive and judiciary should strictly follow Indian constitution and their actions must be in accordance with the constitutional provisions. In short we can say our constitution is the supreme law of land. The role of each organs of the state is significant as there is a division of power in between these organs and no organ is superior to any organ. If there is any contradiction between the powers or any violation of application of any constitutional provisions, the judiciary will interfere and solve the dispute. Hence in practical scenario, the role of judiciary is significant and plays a vital role. That makes the judiciary significant over executive and the legislature.

Even though our judicial system is having this much importance, there are lot of shortcomings in this organ of the state. The function of judicial system is to adjudicate the cases which are coming to them and give justice to the people. Indian is a country which is having second largest population in the world. So there may be lot of issues for the people to settle by the courts. But unfortunately, the number of courts to deal with such issues are very less. This makes the people difficult to get justice since lot of time is required for the settlement of disputes by the court.  Even in those courts, there are no sufficient number of judges which creates the second barrier for the people. It is very important to strengthen the judicial system by appointing more number of judges and improving court facilities. The judges are overburden with lot of cases in their day to day life. Various surveys show that Indian needs more number of judges considering the population of the country.  If a case is being filed in the court there is not a rule that within the specified period the court has to render the judgment. In present scenario that is not possible as the number of cases which are being filed in the courts have been increasing every year and the lack of adequate judges still exists. Some cases needs years of court proceedings to make a conclusion on it especially if it is a civil case. The government always has a careless approach in the improvement of the judicial system in india. Judiciary is always being neglected at the time of fund allocation by the government. Lack of adequate fund results in lack of infrastructures in the courts. Many courts are deprived with adequate facilities especially those in remote areas. The Indian judicial system is plagued with problems of delay and backlog. Currently, 3.5 crore cases are pending across the country’s high courts and district courts. The long-term consequence of such high pendency is an erosion of faith in the institution of the judiciary. It is the duty of the state to give importance to the judiciary. Number of courts and the number of judges should be increased and adequate infrastructure should be provided for the smooth functioning of the judiciary. Judiciary is an independent organ so it is very important to maintain that character for the administration of justice and functioning of judiciary.

KARTHIK NARAYANAN@LEXCLIQ

 

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