Judicial system functioning too slow?
SEPTEMBER 2017 TOPIC: Is our judicial system too slow in functioning? Does it need reform?
The main reason for slow judicial functioning is that there are various loopholes in drafting the law which the culprit can take advantage of. Once the decision is made it goes from lower courts to high court and then to Supreme Court and at last they wait for the President’s Order. The verdict is made on the basis of proof. Everybody knows the fact that a decision is kept on hold for gathering the evidence. We are ranked the fourth most paralyzed judiciary system in Asia. Our judicial system is very slow; it takes average 8-40 years to deliver justice. It needs reform urgently.
Sukanya Basu Mallik
Techno India
The saying “Justice delayed is justice denied” holds true in India where 27 million cases are pending, 6 millions of which have been stuck for years where litigants die without being awarded proper judgement. Tripped up by poor infrastructure, India barely has enough courts and judges to preside over hearings. There are unnecessary holidays, low allocations to law ministry and criminals being backed by politicians making the system slow. To draw the system out of slumber, funds and strength of judges must be raised, vacations must be trimmed, digitised courts must be installed and interference in judgements must be restricted for accelerating judgements and thus changing people’s notion that our judicial system is dragging.
Seena Basu (19)
Asutosh College, Kolkata
No matter how good our judiciary is at providing justice to its countrymen, still people have to wait for years to get justice. Steps have been taken to curb this delay in hearing and settlement of cases in Session Courts but still the cases which are complicated need to be dealt with in the High Courts or Supreme Court and are kept pending for years. We need reforms to give justice in time before the trust of the citizens in our judicial system weakens and they take law into their own hands.
Kanvika Sharma (16)
St Angela Sophia, Jaipur
No, the judicial system is not slow in functioning as there are so many cases filed, and too few judges/clerks to handle a big volume. Besides some cases to be decided, need time to investigate. If a case has to be tried, it may easily take more than a year. Certainly, there are exceptions where a case may be tried within six months. Some High Courts have great judges. Some don’t. Many qualified persons do not want to get into the judiciary for reasons that they would not be able to make a great deal of money as judges, besides there is often political pressure that judges face and after retirement, the opportunities for ex-judges are few.
Adya Singh (13)
St Anthony’s Jr College, Agra
While technology has rapidly changed, the judiciary appears rather cut off from the current ground realities. No surprise if the prevailing system of administration of justice appear out of place. It is still ridden with old-fashioned procedure and technicalities that please the vested interests who take comfort in the status quo. A section of politicians and judges find a dysfunctional judiciary very cosy. There is no doubt that the judiciary is in dire need of speedy and effective reforms; ranging from appointing of judges to instituting a transparent and non-partisan structure of inquiry free from political and judicial interference to punishing corrupt judges.
Sanjana Agarwal (15)
St Anthony’s Jr. College, Agra
The Indian judicial system is one of the most important pillars of the Indian democracy. But it remains erratic, under-staffed and slow. The result is that more than 27 million cases pending and awaiting justice. Many of the victims unfortunately die without getting justice. It is sad that our judicial system is also corrupt and is in the hands of the rich. I am ashamed to say that a corruption free judicial system will be a dream forever. It needs much reform such as: impeccably honest judges, staff strength in courts, modernisation of courts and functioning throughout the year to deliver timely, efficient and correct judgements.
Kanishka Rai (13)
St Anthony’s Junior College, Agra
It is a known fact that our judicial system is slow, but the reason behind this is lack of efficient and functional judiciary. Of course the delay in delivering justice chokes our law and order system. A normal judicial case should be solved ideally in 3-4 hearings. Reform in judiciary is demanded by Chief Justice T. S. Thakur and many civilians. The state and central governments should take action to employ good judges for fast action.
Krishna Sharma (13)
St Anthony’s Jr College, Agra
Yes, our judicial system is slow functioning and it needs to be reformed. Blaming the system is not the solution to the problem. We know that the quantity of crime and corruption are more in our world and it is increasing day by day. Since crime and corruption are increasing we need more manpower to manage it and only then a reform is possible. Crime and corruption won’t last long if we have an efficient judiciary.
Vidhi Wankhade (15)
Fatima Convent School, Achalpur
Indian judicial system is one of the oldest legal systems in the world. And it still incorporates certain features inherited from the British judicial system. The Indian constitution is the supreme law in the framework of the present judicial system of the country. However, our judicial service is very slow in functioning which requires immediate reform. As a matter of fact, the present system of justice is out of place and out of tune with the democratic procedures and norms; hence it must be made totally accountable and at the service of the society.
Divyanshi Jadon (13)
St Anthony’s Jr. College, Agra
Yes, our judicial system is working at a very slow pace, as it takes sometimes 8-40 years to deliver justice. It is said that, “it takes almost a year for a case to stand; only then the hearing starts”. A “case management hearing” should be introduced after pleadings have been completed by both parties where time lines are set and court should impose penalties on parties that fail to adhere. We should have a consolidated “adjournment manual” applicable to all courts which codifies the condition under which adjournment should be granted in order to reduce arbitration. A simple case gives financial burden to the entire family and disturbs their day to day routine life.
Srishti Rajput (15)
Notre Dame, Delhi
India is the largest democracy but the sad part is our judicial system is weak because of its slow pace. Indian Judiciary system lacks in resources of judges and courts. According to recent statistics, there are numerous cases pending in the Supreme Court which shows how sluggish the system is. Courts give a date for a hearing which is at times 6-7 months after the FIR is filed. I feel that a ‘case hearing management’ should be introduced in our judicial system and digital technology must be used in the judiciary to decrease the manual load; because justice delayed is justice denied!
Utkarshini Rajput (19)
RA Podar College, Mumbai
The Supreme Court is the apex court of India followed by High Courts at the state level. Below the High Courts are the subordinate courts comprising of the District Courts at the district level and other lower courts. According to a survey conducted in January 2015 more than 30000 cases lay pending in the Supreme Court. 57% of the district and subordinate courts take more than 10 years to deliver justice. Justice delayed is justice denied. Our judicial system is dysfunctional because of the delay and is getting corroded by dishonesty. Our judicial system needs reform to get into fast mode for clearing pending cases.
Ashish Kumar (15)
Notre Dame School, New Delhi
Yes, our judiciary system is too slow in functioning and needs reform. The Indian legal system has the record of largest number of pending cases in the world. More than 3 crore court cases are pending across the country and the numbers are increasing continuously. The end result is suffering for the victim and their family economically and socially. Reformation of the judiciary is a must for quick decision which is possible when the number of courts and judges increase with longer working hours. And it is important for the judiciary to be connected online for easy and quick decision process.
Areefa Ali (18)
DAV College, Ajmer
Our judicial system is way more than slow. We see the trials of several cases going on for several years. But sometimes the cases of millionaires, actors and actresses, politicians, etc., go on a faster track than imagined. It is because they have the money power. There are several countries in the world where justice is administered very fast. We should learn from them. If we don’t do something about this slow functioning of the judicial system then this country will be full of criminals and the innocent people will be suppressed and tortured.
Senjuti Saibal Bhattacharya (17)
St Joseph’s High School & Jr. College, Kalamboli, Navi Mumbai