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Why India Needs Judicial Reforms?

Our State has three organs through which it functions, the first organ is Legislature, second one is Executive and third organ is Judiciary. The Indian democracy being the largest in the world, is upheld by its Judicial System. While the source of judiciary's power is the Constitution of India, its strength comes from the faith of Indian citizens. Lack of faith would lead to chaotic situation where the people would hesitate to approach the Court of Justice.

The prevalence of justice is highly dependant upon the Judiciary, which is why its efficiency is the integral part to the success of social order in India. As long as the citizens of India believe in the mechanism and integrity of courts, Judiciary remains the interpreter of Laws and determines the social justice in the society. Unfortunately, there are issues that restrict the reach of law to all the citizens of India.

One of the most prominent concern, our society is facing, is the sizable backlog of cases pending in the courts. There has been accumulation of cases in the Supreme Court, 25 High Courts and subordinate courts. At present, India has a sanctioned strength of 25,628 judges and 4.7 crore cases are pending in the courts of different levels of judiciary across the country. This issue can primarily be attributed to a shortage of judges. The number of judges appointed all over India is far less than the capacity of the judges approved.

Need for Judicial reform in India:
The requirement for judicial reform is highlighted from the fact that the limited supply of judges to cater the vast demand for the attention of the courts by accumulating the cases has led to rise in the figurative price of justice. People who approach courts for justice not only incur the litigation cost, but also have to spend a large amount of time in wait for getting justice.

As William E. Glad Stone said," Justice delayed is justice denied."

So, there is needed efficiency in our judicial system. Because, there is a possibility that an increase in the efficiency of judicial system could curb crime rates. The proximity of penalty brought by the courts for committing crime would have the psychological deterring effect on the criminals.

What is important is the independence of judiciary in our country, however, past situations coming under the scrutiny have proved that even judiciary may be prone to corruption. Judges who can be influenced by politics may create prejudice in the courts, despite the principles of natural justice which demands that there should be no bias in the trial.

Corruption within the courts, make the function and fairness of judiciary questionable. Judicial overreach is another issue that calls for reform. Judicial overreach is when judiciary starts interfering the functions of other organs that is Legislature and Executive. According to the theory of self-restraint or mutual restraint, every organ has to work in their own field and no organ should interfere in the working of one another.

A past example of overreach that has been criticized is when operators with 2-G licenses must stop their services. The line between judiciary and legislature must not be blurred. They should work in their own sphere and should not influence one another. Our judiciary already have too much workload because of oending cases from many years in the courts. So, they should work to become more efficient in their own sphere because it has the responsibility of protecting the rights of the people.

So, these were the reasons that indicate the judicial reform in India.

Possible Solutions:
  1. Measures should be introduced to promote the transparency in proceedings to avoid bias.
  2. There should be a mandatory pre litigation process to avoid frivolous litigations, to conserve court's time.
  3. More judges must be appointed in India.
In 2016, the then Chief Justice of India T.S. Thakur broke down in front of our Hon'ble Prime Minister Sh. Narendra Modi. And said in choking voice, "You cannot shift the entire burden on judiciary." He demanded the appointment of more judges and establishment of new courts in India because Indian Judiciary is overburdened. Competency is a key, the judges appointed should be competent to understand the lawpoint and to provide justice to the people.

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