July 18, 2021

Loopholes in the Judiciary

Loopholes in the Judiciary

The legal framework given by the Indian constitution has contained three sorts of courts. At the top, it is supreme court, at the center there is high courts and the base there is subordinate or district courts.

The supreme court of India is the most noteworthy legal body in the India. It has been set up under part v chapter vi of the Indian constitution. It includes one chief justice and 30 judges. Article 124-147 of the constitution of India portrays the working and elements of supreme court of India.

There are 25 high courts in India arranged in various states and association domains. According to article 141 of Indian constitution, the high courts will undoubtedly take after the requests of the supreme court and their rules. An applicant can engage a high court. According to article 226 of the constitution.

The locale courts built up by the state governments in an alternate area of the states.

There are many issues with the judicial system

Our justice system is slow, inefficient and more often than not ineffective.

The problem in our system are deeper.

The judiciary creates a bottleneck for cases that stop timely justice.

There are many pending cases, according to the data as of 28th may,2021. The criminal cases pending before all-district and taluka courts are 2,82,52,63. 78% of these cases has been pending for more then a year and 7.69% have been pending for over 10 years. 3,74,009 cases (1.32%) have been pending for over 20 years and all this is not including the cases pending before the high courts, tribunals, and other courts.

Delays in cases and cases is the biggest loophole in our Indian Judiciary.

Execution of four men for the gang rape and murder of a woman in a Delhi bus in it took seven long years to deliver justice of this evil crime. It exposed the great loophole in the judicial system. Almost , 150,000 rape cases are awaiting trial in the country’s dysfunctional criminal justice system.

Corruption is also a big reason same as the other pillars of democracy judiciary too has ben founded to engage in corruption. Some time a ministers taking 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.

There is no provision yet for registering FIR against the judge who has been taking bribe.

Lack of transparency (particularly in the appointment of judges), lack of awareness and interaction among the people, under trail of the accused are some other reasons.

Aishwarya Says:

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