The Need for Judicial Reforms in India?
The judiciary is the most crucial pillar amongst the three pillars of the constitution: the legislative, the executive, and the judiciary. The judiciary is held at the high ground as it is an independent entity. Therefore, even the top officials can be reprimanded by the judiciary.
To overcome the chronic gap in the number of cases in the Indian judiciary, the judges need to adapt to various reforms, including administrative reforms. Also, there is a high vacancy regarding the number of judges present and delays in cases, which has slowed downed the country’s justice system.
The justice system in the country is a court that has the authority to decide and enforce the rules and regulations and settle disputes. The judiciary consists of judges and magistrates who make up the bench.
The judge population ratio in India stood at 21.03 judges per million in 2020, which resulted in a vast gap in cases in the country.
The judiciary is believed to be autonomous, unbiased, swift and effective. But over the years, our judiciary has become extremely slow and has been putting off cases. As a result, our laws and their implementation has resulted in immense suffering for litigants and pushed citizens to try extra-legal alternatives.
India is believed to have the highest number of undertrial prisoners. 3,71,848 lakh inmates in India are awaiting trial. The criminals spend a long time in jail not because they are found guilty and sentenced to prison but because they are too vulnerable and disempowered to secure parole.
The definition of justice in our society is heavily dependent and interlinked with the justice system. Hence its credibility is vital to the sustainability of India’s civil order. As long as Indian citizens believe in court mechanisms and integrity, the judiciary remains the interpreter of the laws and the determinant of social justice, as it should be. Sadly, certain things restrict the application of our laws to all Indian people. Many who challenge courts pay the burden of the case and waste a great deal of time waiting.
Another problem that calls for change is to overreach the judiciary. There is a necessity to appoint more judges in court. In 2015, the Supreme Court overturned the National Commission for Judicial Appointment Act, declaring it unconstitutional. A renewed version of this idea and aim could help to appoint more judges effectively. In addition, an autonomous executive authority should be formed specifically to ensure the adherence of court-issued decisions to enhance confidence in their efficiency. The government must take immediate steps to avoid this court system being disrupted and out of control for everyone other than the people who have power and money.
Our country’s citizens continue to have confidence in our judges and the justice administration system, and if they stopped believing in the system, there would be chaos. Unless the people are rescued from the delay, pending cases and corruption by corrective measures, we will all be in great trouble.
Corruption has sunk great into the system, with even the top officials paying no heed or respecting the separation of powers. Further, there is a lack of transparency in the system. The red tape is so twisted in every step that it takes quite a few years to get justice. The numbers stated above in the number of undertrials would give one a sense of awakening.
To get out of all these steps need to be taken to make the system more transparent, better investigation, faster trial, better case and court management and improve district courts.