Judicial System in India a Critical Study

International Journal of Law International Journal of Law ISSN: 2455-2194; Impact Factor: RJIF 5.12 Received: 02-08-2020; Accepted: 17-08-2020; Published: 03-09-2020 www.lawjournals.org Volume 6; Issue 5; 2020; Page No. 29-35 Judicial system in India a critical study Janmejay Singh Pursuing Ph. D. in Law, Amity University Uttar Pradesh, India Abstract Man is a social being. The society is characterized by the interdependence of men. This interdependence serves various purposes and needs. But it also gives rise to a conflict of individual interest with social interest. To settle this conflict certain norms and rules are made by the society. These rules are enforced by some kind of sanctions which settle the conflict under the wider wings of equity, justice and good conscience which are and have been gradually recognized by the state. The intervention of the state through its organs is necessary for fair play. It is at this stage that the quest for justice becomes significant The nations which do not ensure to its people justice without delay are destined to doom and loose their identity sooner or later. In our country, the Justice Delivery System has reached on the verge of collapse. To make a critical analysis of present Indian judicial system and the impact on the society give suggestion like A.D.R. The topic of the present research is an attempt to study the present state of affairs of the Justice Delivery System, its problems like the biggest problem of delay, expensiveness being the reason of docket exclusion, uncertainty and lack of infrastructure etc., the identification of causes and concrete suggestions so as to ensure the true spirit of the Preamble of the Constitution of India. In our country, under the Constitution of India, the judiciary is the protector, guardian and the prime institution to administer justice. The Preamble to the Constitution of India clearly depicts the aims and the aspirations of the people of India. It is unfortunate that even after more than 70 years of independence, the goals for which our freedom fighters fought and shed their blood, have not been achieved. The object of paper is to define judicial system and problem. Keywords: judicial system, delay in justice, freedom of judiciary Introduction The other organs of the government like the executive and Our country India is a democratic country, means that the legislature must not restrain the functioning of the judiciary government has to be` by the people, for the people and of in such a way that it is unable to do justice. the people. It guarantees to its citizens various rights . The other organs of the government should not interfere through its Constitution& the supremacy of the constitution with the decision of the judiciary. can be maintained only through an impartial and independent judiciary [1] Judges must be able to perform their functions without fear or favour. Independence of the judiciary does not imply There are various provisions in the constitution of India arbitrariness or absence of accountability. Judiciary is a part themselves which ensure the independence of the of the democratic political structure of the country. It is judiciary. therefore accountable to the Constitution, to the democratic . Article 50 says that Separation of judiciary from traditions and to the people of the country. executive is one direct provision which ensures the Indian Judicial System has a long history right from the independence and no interference from the executive. pre‐British days. In the 18th century a uniform pattern of . Article 211 and Article 121 say that No discussion on judiciary emerged and during the British regime High the conduct of any judge from the High Court/Supreme Courts were established in presidency towns. Thereafter, in Court in the Parliament or the state legislature with 1937, the Federal Court was established to hear the appeals respect to their discharge of the duties or their from the High Courts. Because of complexities of personal workings. laws of Muslims and Hindus and various customs & practices, there were initial difficulties in administration of Defining Judicial Independence justice. After independence, the government focused on to "Independence of the judiciary means... that every judge is have a systematic judicial system throughout the country free to decide matters before him in accordance with his and many new subordinate courts were established in assessment of the facts and his understanding of the law various parts ofthe country. Today there is a network of over without any improper influence, inducements or pressures, 14 thousand courts all over India and these courts are direct or indirect, from any quarter or for any reason.... [2]" dealing with 4 crores of cases. Much of the debate on judicial independence is confused by The independence of the Judiciary, which is a cardinal how various discussants define the term "judicial principle of the Constitution and has been relied on to independence”. justify the deviation. 29 International Journal of Law www.lawjournals.org Justice P.N. Bhagwati the middle court is named as High Court, and the lower On the subject of independence of the judiciary, it was court is named as District Court. opined, that "...The concept of independence of judiciary is a noble concept which inspires the constitutional scheme . Hierarchy of courts in India. and constitutes the foundation on which rests the edifice of . The judicial system of India. our democratic polity. If there is one principle which runs The feature Indian judiciary [4] system is its hierarchical through the entire fabric of the entire Constitution, it is the structure of courts. There are different levels of judiciary principle of the rule of law and under the Constitution, it is system in India empowered with distinct type of courts. The the judiciary which is entrusted with the task of keeping courts are structured with very strong judiciary and every organ of the State within the limits of the law and hierarchical system as per the powers bestowed upon them. thereby making the rule of law meaningful and This system is strong enough to make limitation of court effective...The judiciary stands between the citizen and the with its jurisdiction and exercise of the power. The Supreme State as a bulwark against executive excesses and misuse or Court of India is placed at the top of the hierarchical abuse of power by the executive, and therefore, it is position followed by High Courts in the regional level and absolutely essential that [3] the judiciary must be free from lower courts at micro level with the assignment of power executive pressure or influence and this has been secured by and exercising of the same for the people of India. the Constitution makers by making elaborate provisions in the Constitution. "...It was felt, that the concept of Supreme Court of India "independence of the judiciary" was not limited only to the Supreme Court of India is the highest level of court of independence from executive pressure or influence, but it Indian juridical system which was established as per Part V, was a much wider concept, which took within its sweep, Chapter IV of the Constitution of India which endorses the independence from many other pressures and prejudices. It concept of Supreme Court as the Federal Court to play the had many dimensions, namely, fearlessness of other power role of the guardian of the esteemed constitution of India centers, economic or political, and freedom from prejudices with the status of the highest level of court in the status of acquired and nourished by the class to which the Judges appeal cases. belong. It was held, that the principle of "independence of the judiciary" had to be kept in mind. Constitution Regulation As conferred by Articles 124 to 147 of Indian Constituency, Justice A.C. Gupta the jurisdiction and composition of the Supreme Court is On the subject of the "independence of the judiciary", it was being fixed. This court is primarily of the status of appellate opined, that the same did not mean freedom of Judges to act court. This court is accepting the appeals of cases which are arbitrarily. It only meant, that Judges must be free, while being heard in the High courts situated in different states discharging their judicial functions. In order to maintain and union territories with dissatisfaction of related parties. "independence of the judiciary", it was felt, that Judges had This court also accepts writ petitions with the suspected to be protected against interference, direct or indirect. It was occurrence of activities which may infer about violation of concluded, that the constitutional provisions should not be human rights and subsequent petitions are accepted to hear construed in a manner, that would tend to undermine the and judge the consequences of such happenings. concept of "independence of the judiciary" These types of petitions are accepted under Article 32 of Indian constitution. This article confers the right to ensure Justice R.S. Pathak remedies through constitution. This court also hears about With reference to the issue of "independence of the such serious issues which need to be attended with judiciary", it was observed, that while the administration of immediate attention justice drew its legal sanction from the Constitution, its credibility rested in the faith of the people. Indispensable to History such faith, was the "independence of the judiciary". This court has started its operation since 28th January 1950 with the inaugural sitting, the day since when the Justice E.S. Venkataramiah constitution of independent India had been effectively With reference to the "independence of the judiciary", it was applicable. The court had already taken care of more than opined, that the same was one of the central values on which 24,000 judgments as per report of the Supreme Court.

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