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  • Category: Miscellaneous

    Appreciate Indian Judicial System

    Within a span of a week Indian Judiciary System delivered three judgements. Generally we have a belief that our judiciary is slow in execution and many cases will be pending for years together.
    But this week in a span of 7 days there is a big change and very important decisions were made. This has given a very good face lift to the system. I can say government is allowing them to function freely. You all are aware the three important decisions delivered by them.
    1. Right to privacy a fundamental right. Delivered by Court.
    2. Strikes down instant triple talaq
    3.Conviction Of 2002 rape accused Dera Sacha Chief Gurmeet Ram Rahim Singh for 20 years of imprisonment.
    People are happy with these decisions and the mind set started changing towards the system. I hope they will continue the good work.
  • #607325
    Yes from the recent past, the courts have been working efficiently and the judgement were hailed by the media and the public so far. What is more interesting that the cases mentioned above were having larger effect on public and followers and yet the judges chose to decide the case and spell their judgement and that shows the total commitment of judiciary which is now proved that there is no political interference or any other pressures on courts to say the verdict. If this continues, we can see many pending cases of National interest would be closed soon with clear verdicts.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #607389
    It is general in our life that we appreciate one if it done favour to us and blame if the same is done against us. Accordingly the Indian Judicial system is now appreciated by some group and blamed by some group but the system is somewhat neutral, I believe.

  • #607390
    Can the government interfere or pressurise the court to take any decision? Does the government have any role in judiciary cases? Or is the court independent of any government that is in charge?

    Just curious to know.

  • #607407
    Indian judiciary has come a long way from being a committed judiciary during Nehru era. Indian judiciary developmental history is very unique. Indian judiciary has solved constitutional cases with exemplary nature without parallel in world. Be it Gopaknath case 1967, kesavanantha barathi case 1973, Bank nationalisation case, privy purse case Indian judiciary took stand with Indian realities and development in mind too.
    presently Indian judiciary is completely understaffed with 50% of judicial officer posts vacant. Thousands of cases are languishing in every high court. It becomes Lakhs in Supreme Court. These are routine cases where justice delivery affects common man as an individual. There are some reasons which are responsible for court back log cases.
    1. Government. It is very intriguing but true. Government is the largest litigant in India. Most cases are due to inefficient governance and non applicability of mind. Cases which require service matters of government officials are very huge in number. This could be solved by stopping witch hunting of honest officials, reducing official apathy and errors in service procedures as possible.
    2. Unnecessary delays which are intentionally caused to drag cases. This is also mostly done by government sometimes to drag the case where government finds itself at fault. This is done making delay in submission, seeking unnecessary time to submit argument. Sometimes this is a tactic used by influential persons to make the other side to withdraw case by attrition.
    3. Sometimes petty cases find their way too upto SC just because to satisfy the ego of parties involved.
    We must also understand that in judicial system investigation, execution, etc. is done by government with leaves little scope for judiciary to solve cases quickly even if it wants to.
    Sensitive case like Ayodhya, article 35 A, etc. are very difficult to solve.
    4. PILs. It is true pils have bought dramatic and important changes in judicial history. But many PILs are just waste of time unneccarily impeding judiciary and governance too.
    SC and government took several steps like
    1. Setting up of tribunals in domain specific areas where natural justice is given more importance and to reduce court backlog.
    2. NALSA is a step taken to solve petty cases which depends on mediation.
    3. Court sometimes takes for day to day hearing of cases.
    4. Court severely takes strong measures like calling for appearance of chief secretary to court which gives moral pressure to govt. to act faster.

    Cases like right to privacy, triple talak are constitutional cases which can be solved by applicability of mind as they are pure legal and constitutional cases unlike certain criminal cases which needs years of hearing to produce evidence by Govt.
    Law commission often suggests court of appeal to reduce sc cases with requiring it to deal with only constitutional cases. Civil society organisations have spoke of having regional benches in the four major metros.
    Finally fast justice delivery system is just a work in progress.
    The immediate neccessasary is to put and end to NJAC controversy by finalising the MOU. Previous Chief Justice literally cried in front of PM for the government to come to a compromise. The recent case of Subramaniam amicus curie issue of justice appointment is a clear case where government is at fault.
    The immediate is to fill some backlog.

  • #607408
    Response to #607390
    I have writern an article on the point you have raised. If possible just go through it. It is just a glimpse into the role between government and court.
    government and court.

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