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challenges to formal justice system

 challenges to formal justice system 


Judicial system  has the responsibility  of ensuring the welfare and protection of the citizens and is always dependent upon by the people for impartial justice and securing the citizens rights. However the Indian justice system, particularly the formal type namely- the Supreme Court, the High Courts, the District Courts and the  Subordinate Courts, in current times have been infamous for their delayed and sluggish delivery in justice. 

Lets discuss a few barriers- 

1. Exorbitant amount of pending cases :According to National Judicial Data Grid (NJDG), the five states which account for the highest pendency are Uttar Pradesh (61.58 lakh), Maharashtra (33.22 lakh), West Bengal (17.59 lakh), Bihar (16.58 lakh) and Gujarat (16.45 lakh). Harish V Nair, 3.3 crore backlog cases in courts, pendency figure at highest: There are records of many prisoners who have spent more than decade waiting for a verdict from their trial. In a country like India where crimes rates are alarmingly high, the courts are  face a huge drawback with the judges having too much cases on their plate at one time. This in fact is the biggest loophole in the formal justice system on our country,

2.  Corruption : The ongoing bribes by the powerful and rich to the people having authority in the judicial level, could either be a judge or a lawyer or assistants of the court or the police system are rampant and this has a negate impact on fairness faith in judiciary. The poor and vulnerable who are in litigation disputes with the rich and powerful  are often falsely sentenced to punishments due to this.  2011, the Calcutta High Court judge, Soumitra Sen was the first judge to be impeached by the Rajya Sabha on the accounts of misappropriation of funds. 

3. The cost of litigation- The price paid in order to seek justice is too much to bear and I not only refer to the monetary aspects. The process of filing a court case is much complicated, one is required to approach a lawyer, pay court fees, wait for numerous hearing dates, be present in the court for each hearing. There is a huge drainage of wealth, physical and mental energy and time without guarantee about the fruitfulness of the outcome.

Nonetheless the traditional judicial system is the supreme guardian of our constitution, they play an important role in ensuring that the laws made are in consonance with the safeguard of our rights and regulates the actions of the executive and the judiciary. The excellence of a country is characterised by the power and prestige of the judiciary. Some suggestions to revive this formal legal system are:

  1. Appointing more judges in the courts and expanding the benches and capacity of the courts. With more judges, more cases can be heard and examined.

  2. 2. Simplifying the complex court proceedings and reducing the use of legal jargons that cannot be understood by a common citizen. The courts should strive to be more comprehensible and approachable to the citizens. 

  3. Gaining the trust of the people through reviewing legislations are squashing laws that require change over the course of time due to emergence of different in views of society have proven to be demean or dehumanise a particular group. 

4.   Spreading awareness of the  importance of seeking justice and over coming oppression, especially to the unaware and uneducated masses of the country. Encouraging them and helping them feel comfortable to seek Legal aid for justice disposal. 

challenges to formal justice system 


Judicial system  has the responsibility  of ensuring the welfare and protection of the citizens and is always dependent upon by the people for impartial justice and securing the citizens rights. However the Indian justice system, particularly the formal type namely- the Supreme Court, the High Courts, the District Courts and the  Subordinate Courts, in current times have been infamous for their delayed and sluggish delivery in justice. 

Lets discuss a few barriers- 

1. Exorbitant amount of pending cases :According to National Judicial Data Grid (NJDG), the five states which account for the highest pendency are Uttar Pradesh (61.58 lakh), Maharashtra (33.22 lakh), West Bengal (17.59 lakh), Bihar (16.58 lakh) and Gujarat (16.45 lakh). Harish V Nair, 3.3 crore backlog cases in courts, pendency figure at highest: There are records of many prisoners who have spent more than decade waiting for a verdict from their trial. In a country like India where crimes rates are alarmingly high, the courts are  face a huge drawback with the judges having too much cases on their plate at one time. This in fact is the biggest loophole in the formal justice system on our country,

2.  Corruption : The ongoing bribes by the powerful and rich to the people having authority in the judicial level, could either be a judge or a lawyer or assistants of the court or the police system are rampant and this has a negate impact on fairness faith in judiciary. The poor and vulnerable who are in litigation disputes with the rich and powerful  are often falsely sentenced to punishments due to this.  2011, the Calcutta High Court judge, Soumitra Sen was the first judge to be impeached by the Rajya Sabha on the accounts of misappropriation of funds. 

3. The cost of litigation- The price paid in order to seek justice is too much to bear and I not only refer to the monetary aspects. The process of filing a court case is much complicated, one is required to approach a lawyer, pay court fees, wait for numerous hearing dates, be present in the court for each hearing. There is a huge drainage of wealth, physical and mental energy and time without guarantee about the fruitfulness of the outcome.

Nonetheless the traditional judicial system is the supreme guardian of our constitution, they play an important role in ensuring that the laws made are in consonance with the safeguard of our rights and regulates the actions of the executive and the judiciary. The excellence of a country is characterised by the power and prestige of the judiciary. Some suggestions to revive this formal legal system are:

  1. Appointing more judges in the courts and expanding the benches and capacity of the courts. With more judges, more cases can be heard and examined.

  2. 2. Simplifying the complex court proceedings and reducing the use of legal jargons that cannot be understood by a common citizen. The courts should strive to be more comprehensible and approachable to the citizens. 

  3. Gaining the trust of the people through reviewing legislations are squashing laws that require change over the course of time due to emergence of different in views of society have proven to be demean or dehumanise a particular group. 

4.   Spreading awareness of the  importance of seeking justice and over coming oppression, especially to the unaware and uneducated masses of the country. Encouraging them and helping them feel comfortable to seek Legal aid for justice disposal. 


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