"A powerful independent judiciary is of great importance for any democratic
country. Hence a judicial reform is a process to fulfill the demand of justice."
- Hinesh Rathod
The Judiciary is the body responsible for interpreting law and imparting meaning
to it. It is the defender of the constitution and guardian of democracy systems.
Under Indian Constitution the judiciary the judiciary systems is a single
integrated systems of courts for the union and state with Supreme Court at apex
However the Indian Judiciary is currently experiencing a number of
problems. As a result the public is losing faith in the judiciary system. Since
Justice delayed is justice denied it is crucial that the judiciary solve these
obstacles as soon as possible.
What are the Challenges related to Indian Judicial systems?
What should be the way of Forward?
- Huge Pendency of Case
In 2022, the total number of pending cases all types and at all levels rose
to 50 million or 5 crores , including over 169,000 court cases pending for
more than 30 years at district and high court level. 4.3 crores out of 5
crores cases, i.e. more than 85% cases are pending in district court till
- Under trial Prisoners
Accordingly National Crime Records Bureau (NCRB) data shows Among the 5,
54,034 inmates across India's prisons 77.1% were under trials and 22.2% were
those who had been convicted by a court of law.
India's overcrowded prisons confined more than half a million inmates at the
end of 2021, with majority of them being those under trial for crimes they
had allegedly committed.
- Recruitment Delays
Judicial posts are filled as immediately as necessary. For a country of 135
million, there are only 14.7 judges per millions populations in the country.
- Favoritisms and Nepotism in appointment
Transparency in appointment of judges is also necessary for improvement
- Delayed in Judgment
Justice delayed is justice denied is legal maxim. It means that if legal
redress or equitable relief to an injury party is available but is not
forthcoming in a timely fashion, it considered as same as having no remedy
- Judicial Infrastructure
Adequacy of Judiciary infrastructure is pre requisite for reduction of
pendency and backlog of case in court. Therefore it is necessary to improve
judicial infrastructure scheme with help of state government and central
- Inequity of representation
Another area of concern is the composition of the higher judiciary, where
woman are fairly underrepresented.
- Transforming in the appointment systems (Fair and Accountability)
- Reforming Investigation (Many Innocent people being wrongfully charged
- Time Limits for taking decision ( Time Limit of delivered judgement )
- National Judicial Infrastructure Authority of India (Improve
Infrastructure for court systems )
- Innovative Solution to Justice (Solution for clearing massive backlog)
- Better District Courts (Primary area of Concern )
- Ensuing Gender Equality (Promote Woman Judge )
To put it In a Nutshell Judiciary reforms needed for the judicial system in
India. After all democracy is for the people, by the people, of the people of
Written By: Mr. Hinesh Navratan Rathod
, B.com, LLB student -Thakur
Ramnarayan College of Law (TRCL), Mumbai.
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