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Reforms In The Judicial System

Introduction

The constitution of India secures to all citizens the concept of justice (social, economic, and political). The ideal of justice had been circumscribed in our Indian constitution to carry out the purpose of law so that its concept reaches to each and every individual. But really our judicial system is working in this field to secure the very most objective of law. Thus this is the question in the mind of every people who before entering into the clutches of law thought. A person whose rights has been deprived or infringed by some other authority or person might be in confused state, whether he/she proceed towards the court for seeking the ideal of justice or not.

If a person took advice from a layman he would definitely suggest him to wave his rights and never approach court, thus this is the conception in the mind of people before approaching to the court. Thus this development of conception in the minds of people might be the improper functioning of the judicial system. Thus administration of justice is the most essential function of a state and if a state is incapable of performing such functions, cannot be rightly called a ‘STATE’. Thus this is the view held by modern jurist regarding the concept of justice. According to Salmond “law is the body of principles recognized and applied by the state in the administration of justice”[1].

Thus the importance of justice has been considered essential because man being selfish by nature, some kind of external coercive authority is needed to keep him within the limits and restrain his unfettered liberty. Unlimited and unrestrained liberty would lead to a state of anarchy and chaos. Thus “liberty consists of everything that does not injure another”[2]. If a judicial system of a state is incapable to discharge the justice then in that case there is no concept of independence of judiciary. Thus Indian judicial has been criticized on many grounds regarding inefficient judicial procedure, delay in deciding the cases, pendency’s of cases, vacancy to the post of judges, etc.

Therefore a good judicial system produces many reforms in the field of social, economic and political fields and effective judicial system is essential to check the abuse and arbitrary actions of the government. Thus in the written constitution as that of India it is the judiciary which acts as a guardian and interpreters of the constitution. Judiciary has been loaded with the responsibility to act as a watchdog and to check whether the executive and legislature are functioning within their limits under the constitution. Of the three organs of the government i.e. the legislatures, executive and judiciary the position of judiciary has been considered important as judiciary is “in unique position to support sustainable development by holding the other two branches accountable for their decision and underpinning the credibility of overall business and political environment”[3].

Thus from here we can acquire the important role played by the judiciary in the modern century of 21st. But what happen if that role of judiciary is suppressed by the other two organs whether that judiciary is able to impart justice to the people for what it has been made for or people would believe in that system? Joseph Planck in his story “law as a jealous Mistress” underlined the profession of lawyer and judges as much difficult as that of a doctor. But doctor is somehow in better position but the judges are under immense pressure as one wrong judgment can spoil the life of person or even snatch away his right to live on this earth. Thus from this point of view the role of judiciary become more important and prominent one. One wrong decision by the judges is surely going to affect the person and this decision would affect him as long as his existence in this earth. So the need of the time is the efficient judicial process which aims at reducing the pain and sufferings caused to the people.

An inefficient judicial system is that has been characterized by huge backlog of cases and also characterized by increase in litigations on the part of some individuals who knew the slow pace of the judicial system in order to harass the other party. Thus judicial reforms aimed out to remove all sorts of lacunas and loopholes in the judicial system of a particular country.

Conclusion

The need of the hour is that there is urgent need for the reform in judicial system. Otherwise a day would come when no person would feel safe in this world. We all know that everyone that survives on this earth has to die but every person is supposed to live his life to the fullest extent and with full dignity and to provide this right to every individual is only when our judicial system would work efficiently. Justice Krishna Iyer observed that “Society is guilty if anyone suffers unjustly”. Thus I would like to suggest that a comprehensive judicial administration should be set up which provides right to every person including a pregnant woman and a child in the womb so that all must be equal in the eyes of law.

[1] P.J Fitzgerald; Salmond on jurisprudence, (12th edition) p.51

[2]  The famous declaration of the rights of man adopted in France in 1789

[3] World Development Report : The state in changing world (1997) 100

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Pranav Kaushal

Pranav Kumar Kaushal, Content Writter, Law Corner, Student B.A., LLB 7th Semester, School of Law, Bahra University, Shimla, Himachal Pradesh.

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