Friday, 13 September 2013

My views on Indian Judiciary

Judiciary is the main pillar to ensure good governance in the society. If anyone is denied of justice, it will send a vicious signal into society. The people will lose confidence on judicial proceedings, criminals will become more active by expecting their safety over the weakness of justice system.  If we see the functioning of Indian judicial system starts from post colonial period, there were clear observations where our courts have proved their ability in justice delivery and at the same time there were many cases where our courts have been failing to ensure justice to common people. Slowly Indian judiciary system has taken its shift towards commercial values than the ethical values.



Recently, I was fully impressed by a judgment by China court on former railway minister of China who was sentenced to suspended death penalty (generally commuted to life-imprisonment in China). The minister had accepted bribe worth of 64 million yuan (around 64-65 crores in our currency) against sanctioning one of the China’s biggest railway project.  At the same time we are seeing our inability to deliver judgment on many political scandals in our country. Can we expect any one of our politician to be life imprisoned for their corrupt and illegal activities in our country. This is what our judiciary system today, it is pathetic to say that justice in India has become a costly commodity which can be accessible only to rich.

 Indian constitution has conferred power of judicial review to supreme court, it is by virtue of this power that the judiciary can save the people from the onslaughts of the executive and legislative despotism. But, all these kind of powers of court are not being perceived to be practiced in an effective manner. The judicial administration from bottom to top has been struggling with corruption, dishonest judges and lawyers, crony relations with other politicians and top business men. I am not exaggerating anything here it is every common man intention in India. At the same time we are not left out without honest people in Judiciary, we have some good and honest practitioners. But these honest people are not able to withstand in front / to the power of dishonest people.

 I have close observation over the functioning of mandal and district  level courts in a civil case. A false case which was put on 8 members in a village called 'Arthamuru' had taken five years to prove it's falseness. All these years these people with no fault of them has to roam over every month or  two months judicial proceedings. This was another kind of punishment to them.Even at the end of the case it is not the court's efficiency which proved that case was false, but it is the opponent person absence over all the judicial proceedings which made the case deemed to be false.Indian courts are struggling with lakhs of pending cases.These kind of false cases are putting extra burden on judiciary and wasting valuable time of court as well as public resources. There are no proper rules to curtail false cases. There should be stringent  punishments if any one misuses justice system.If a person deprived of his privileges then he should think of judiciary to get justice, but a person should not seek for judiciary with an intention to deceive another person. The secondary case is more prevalent in our society if we observe it clearly. The menace of corruption is ruling over executive, legislature, judiciary and also media.

Judicial reforms are very much needed to make courts with adequate administrative mechanism and should ensure honest people at every stage of justice delivery.But to make it happen, we all well know that legislative proceedings should be reformed first before expecting any change in Judiciary. Without honest people in parliament, we can not expect any good change in any other areas. This was proved in many situations in India.

I have every faith in judicial proceedings of India.But, these proceedings are suffering themselves to protect from dangerous pest. Removal of this pest is the need of the hour.Fast and quality justice is one of the major component in bringing down evil activities and to promote noble thoughts in the society. 

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