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Inefficient Judiciary

 


Our schools always taught us that the Judiciary is an 'independent’ body and secures the rights of the citizens and the Constitution. But, we all know that the ground reality is totally different and the Judiciary has failed to perform its real job.

Pending Cases-

A total of 3 crore cases are pending in the courts nationwide. In the apex body, the Supreme Court, more than 60k cases are pending out of which the majority are pending for more than 10 years. 42 lakh cases are pending in 24 high courts. If you believe, some cases in the SC are pending since the 1950s!

Time taken to a Verdict-

A gangrape took place in 2012 which led to the death of the victim. There are millions of evidence and witnesses. The decision is crystal clear. But, our dear courts provide justice after a whole 8 years.

  • 21 HCs take 1128 days on an average for a Verdict.

  • Subordinate/District Courts take 6 years.

  • The biggest Court takes around 10 years to reach a conclusion.

Costly Justice?

Getting justice is not a piece of cake in the country. But, no politician would ever question that because communalism is more important!

A litigant spends ₹519 per hearing in the courts. That means, the litigants spend a total of 3000 crore per year combined! A person who earns less than 1lakh spends 10% of his earnings just to attend the hearing, keeping legal fees aside. A study shows that the country loses ₹50,387 crore due to delayed justice, that is 0.5% of our GDP!

Reasons of inefficiency-

  • Pressure on the Judges- A judge hears 70 cases on an average on a working day. The main reason behind it is the less number of judges. There are just 19.49 judges per million people in our country, whereas the Law Commission (1987) recommends 50 judges per million.

  • Spendings-Just  0.06% of the GDP is spent on the Judiciary. Annual Budget of the Ministry of Law and Justice has been decreased from ₹3173.36 crores in 2019-2020 to ₹2200 crores in this financial year.

  • Poor Infrastructure- The spendings on the infrastructure is a lot lower than desired. 80 out of 665 district courts don't even have the washrooms. Out of those that have washrooms, only 40% are functional. The repairing of the Court building is something that is avoided and the new technology is still not used in most of the courts.

Vacations of the Judges-

The courts are closed for more than half of the year. Effectively, no cases are heard in this period.

As a result, India ranks 97th in the Civil Justice Index, out of 126 countries. That means the justice for the civilians isn't easily available.

Independence of Judiciary-

Judiciary is meant to be free from the influence of the Government. But, is that really practiced in our country?

  • A data states that 50% of the MPs in Lok Sabha have a Criminal record of Sexual assaults and murders. But, they are the man in power and no action is taken against them.

  • It is the duty of the courts to protect the Constitution but we have seen many politicians taking advantage of their power and running free from the hands of the laws.

  • The independence of the judiciary was widely questioned when the previous Chief Justice, Ranjan Gogoi was offered a Rajya Sabha seat immediately after his retirement. The Chief Justice was involved in many decisions in favor of the BJP government such as CAA, NRC, and Ayodhya Ram Mandir Verdict.

Most of the time, criminals are set free by using money or muscle power. There's an old Greek phrase 'Justice is blind’ which means that it is impartial and objective. It doesn't see one's status, gender, caste or religion. But, the Indian Judiciary has become so blind that it refuses to see what is wrong and what is right

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