Problems in the Indian judicial system

Problems in the Indian judicial system

Problems in the Indian judicial system

Author: Adv. Mrityunjay Kumar, Patna High Court

One of the oldest legal systems in the world today is the Indian judicial system and it still incorporates some of the features inherited from the British judicial system during its centuries of colonial rule in India.  The Indian Constitution, which is the supreme law of the country, provides the framework for the current legal and judicial system of the country.  India’s judicial system follows a “common law system” as well as regulatory law and statutory law

Another important feature of our legal system is that it is based on the adversarial system, in which two sides of the story are presented to a neutral judge in each case, who then render judgments based on the arguments and evidence of the case.

However, our judicial system faces some inherent problems, which show the weaknesses and flaws of the system, and which require immediate reform and accountability.

According to me, there are mainly Five problems in the Indian judicial system:

1. Corruption in the judiciary: – Like any other institution of government, the Indian judicial system is also not too clean.  It is also in the preview of the corruption (in some instances). There are some cases where judges have been convicted in the case of corruption. There is no system of accountability of the Indian judiciary.  The media also does not give a clear picture due to fear of contempt.  Without the permission of the Chief Justice of India, there is no provision to register an FIR against a bribe-taking judge. In 2011, Soumitra Sen, a former judge at the Calcutta High Court became the first judge in the India to be impeached by the Rajya Sabha alleged for misappropriation of funds.

2. Backlog of pending cases: –  India’s legal system has the largest backlog of pending cases in the world – about 4 crore cases were pending in courts across the country before the corona pandemic hit, which The number of pending cases has increased due to the complete halt of the work of the courts in the recent Covid19 period and is continuing, among them, according to an estimate, about 35 million cases are pending in the lower courts of the country, about  More than 50 lakh cases are pending in High Court, around 1 lakh cases are pending in Supreme Court.  This number is continuously increasing and this in itself reflects the inadequacy of the legal system.  It has always been discussed to increase the number of judges, create more courts, but implementation is always late or insufficient.  Victims are normal or poor people, while the rich can afford expensive lawyers and change the course of delivery of the law in their favor.  It also creates a major blockade for international investors and corporations to do business in India.  And because of this backlog, most inmates in India’s jails are awaiting trial.

3. Lack of transparency: –  Another problem facing the Indian judicial system is lack of transparency.  It is seen that the Right to Information (RTI) Act is completely outside the purview of the legal system.  Thus, in the functioning of the judiciary, important issues such as quality of justice and accountability cannot be properly known.

4. Lack of facilities in Indian jails / Legal aid:-   In Indian jails, most of the poor/helpless prisoners are under trial, who are confined to the jails till their case comes to a definite conclusion.  In the vast majority of cases, they spend more time in prison which is much more than the actual sentence period. Moreover, the expense and pain and pain of defending themselves in the courts is worse than the actual punishment, and until  Not convicted unless convicted.  On the other hand, rich and powerful people can bring the police in their favor, and during long hours in the courts, the police can harass or silence/inconveniencing and impoverishing the poor. Although there is a proper system for free legal aid in the district the uneducated persons are not able to take its benefits due to a lack of proper implementation.

5. No talks with society: – It is very important that any country’s judiciary should be an integral part of society and its relationship with society should be made regular and relevant. It is also seen that in many countries, there is a participation of common citizens in judicial decisions. However, in India, there is no connection to the society of the Indian judicial system, something that was inherited from the British judicial system. But, things should be changed in the last 60 years. Even today, law officials have not been able to meet the land to meet the common people. We see that despite all the progress in information and communication technologies, the lives of the people of the country are changing dramatically, the legal system of India still looks like a dabang and pretense British people who are related to an elite and country. In fact, the current system of justice is completely out of time and reconciliation with democratic processes and norms, which is only a certain class of society contained. Therefore, there is an urgent need to reconstitute the entire judicial system to make it accountable to the needs of a democratic, progressive society.



One thought on “Problems in the Indian judicial system

  1. I congratulate advocate Mrityunjay Kumar, of the Patna High Court the author of the referenced scholarly legal article, I am a UP NRI residing in Canada since 1975, I frequently travel India and I have travelled the whole world. I am 75 years old, I never dealt with the Indian judiciary. In 2017, I retained advocates from the High Court of Allahabad, instructed them to commence the parental property partition, advocates took my signatures on the blank papers against my will telling me that “this is India, not Canada” the legal system operates this way in India, advocates promised to mail the copies of claim after filing in the Subordinate Courts which they failed to do, I paid their full fee in advance. February 2018, I visited India again phoned advocates for the copies of the claim and requested them to provide me with the status of the actions, the advocates advised the files were lost in the robbery and they were unable to do anything for me. I retained another advocate instructed him to go to the respective Subordinate Courts and get me the copies of the claims which he did. I examined the agricultural land claim which was deficient in law, the commercial and residential house claim was defective but amendable at the behest of the Honourable Court, the Honourable judge was graciously allowed my advocate to amend the claim. I met then SDM at Tehsil Handia, district Prayagraj prayed him to withdraw the deficient agricultural partition claim and refile the new correct claims, the SDM was gracious by allowing my prayers. In March 2018, I withdrew the deficient claims and filed the correct claims. I prayed the SDM that I was old, my wife and minor dependant children were residing in Canada and one return trip from Canada to India was costing me over five lakhs Indian Rupees, I prayed that the partition must be completed expediently to which the SDM agreed. May 2018, the preliminary decree was passed and unopposed, the SDM ordered the Lekhpal to prepare Kurras latest by May 31, 2018. The Lekhpal, advocates of my younger brother and my co-shareholders are related to the terrorists, they conspired with their relatives who are politicians, IAS and Gundas of India. Lekhpal Dinesh Mishra threatened me to get out from India otherwise he would get me murdered by Vikas Dubey then a Gunda of Kanpur UP, I complained to the DM and SDM, he was removed from the villages where I have shares in the agricultural land. The SDM made five stay orders and five cost orders against my co-shareholders, they disobeyed each order of the SDM. The co-shareholders continuously threatened to murder me, an FIR was registered at the behest of then IG Allahabad Range against four accused under section 506 and 352 IPC and under 107,116 at the request of local police 10 people were summoned to the SDM’S court. On January 09, 2019, the SDM ordered to finalize the agricultural land partition and pass the final decree on January 14, 2019, the SDM adjourned to January 22, 2019. The co-shareholders, bhumafia retained advocate Madhava Nand Yadav [“Yadav”] to sabotage the partition until I am murdered or dead. Yadav was UP Government advocate at the Courts of the Divisional Commissioners of Prayagraj and after retirement, Yadav started his private legal practice at the Courts of the Divisional Commissioner of Prayagraj. Yadav agreed to sabotage the partition. On January 22,219, the SDM informed me that my brother, co-shareholders instead of finalizing the partition have made application to the Additional Commissioner of Prayagraj for the revision of the unpaid cost imposed on my brother Rs.250.00 on the 30, October 2018, which cost my brother never paid. I told to the SDM that I will pay my brother Rs.500.00 but please proceed with the partition, the SDM refused. I visited with my two advocates on January 23, 2019, I attempted to meet then Divisional Commissioner and the Additional Commissioner, they both refused to meet me. I obtained from the Peskar the copy of the ex parte order backdated on January 09, 2019, signed by then Sarvesh Kumar, Additional Commissioner. I made several phone calls to speak to then Divisional Commissioner, he refused to speak to me. The ex parte order was obtained contrary to the guidelines established by the Honourable High Courts of India and the Honourable Supreme Court of India for granting ex parte order, the ex parte order by Yadav was obtained secretly to get me murdered. The Additional Commissioner callously violated the golden legal principles of audi alteram partem meant to hear all the parties to the dispute and don’t make arbitrary orders which would declare the Indian Judiciary a Dictatorship in the name of Democracy. My experience reveals that as long India appoints unskilled IAS and PCS as the justices, India will be considered as the most uncivilized and the most dangerous place of the modern world. I am fortunate that the Additional Commissioner did not make ex parte order to hang me. After obtaining the freedom in 1947, India has achieved nothing in the judiciary, the public of India and the NRI from the world are faced with the atrocities, crimes against the humanity and their fundamental rights are arbitrarily stripped with the sinuous IAS and PCS justices, India must prosecute and punish them to protect the public.
    Respectfully submitted
    Ramesh Mishra
    Victoria BC Canada

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