FACTORS WHICH ARE MITIGATING THE CREDIBILITY OF JUDICIAL SYSTEM

As we all know, there are four pillars of Indian Democracy namely, Executive, legislature, judiciary, and media. Legislature makes a law, the executive implements that law and judiciary as a pillar interpretation the law.

It is believed that judiciary is one of the most trustable pillars for the people  because it gives justice to the people and it safeguards the rights of the citizens.

But disappointingly I have to say that today the faith and beliefs of the person on the judiciary is mitigating due to some factors are as follows-

1. lengthy court proceedings

Once the complaint is filled in courts no one knows and no one is accountable to the people how far the trial will go and when the justice will be given.

Sometimes the case is dispose-of in two to three months and sometimes it doesn’t dispose of even after the death of the parties involving in that dispute.in our judicial system, there is no provision given for a limitation period.it is well said that ‘justice delayed is equal to justice denied’.so where are the loopholes in our judicial system which is doing the proceeding lengthy.

1.1   WITNESS BECOMES HOSTILE

 witness becomes hostile means a witness at a trial who is so adverse to the party that called him or her that he or she can be cross-examined as though called to testify by the opposing party.

In layman, the language means when a witness of one party is giving a statement in court which is contrary to what he has given before trial is said to be hostile witness or witness becomes hostile. this problem of hostile witness has seemed almost in every case. Hostile witness elongates the proceeding because lawyers have to ask cross-questions from the witness who becomes hostile to prove the true facts of cases. this consumes so many precious times of courts and makes proceedings lengthy.

1.2  Absenteeism of lawyers

Just like any other govt sector judiciary also suffers greatly due to absenteeism. Lawyers take dates one after another from the judges for hearing their cases. Lawyers intentionally take dates from the judge because they want to elongate the proceeding because lawyers know the client will give them more money if the case continues.

These antics of the lawyers make the life of the client pathetic because they came to the court on every date with the hope that today their case will dispose of but they return back to their home with despair by knowing that their advocate is absent today.

This problem is not only faced by few people but is facing by almost every people  whose cases are pending in the courts.

 

1.3  SHORTAGE OF JUDGES  

A study by New Delhi  based Vidhi center for the legal policy has found that2.5 crore of the case are pending in the lower judiciary. Report has showed that 23  percent of the judicial post in lower courts are vacant one of the main reasons for such vacant post is that exams for judicial services are not conducted at regular and frequent intervals.it has also seemed that an exam is conducted in one year and its result is declared after 3-4  years after the exam.

The burden of all the pending cases falls on the limited no of judges  which gives them stress resulting in inefficiency in giving justice to the people.

 

2.  BIASNESS OF JUDGES

Biasness of judges is a concept of natural justice it is derived from a Latin maxim ‘Nemo judex in causa sua’ which means no man shall be a judge in his own cause, or no man can act as both at the one and the same time a party or A party or a suitor and also a judge.

If this principle is violated then it shall be deemed that the justice is unfair and judges were biased but it is just a theoretical concept the reality is totally contrary to this principle.

Today many judgments are giving by judges in political party pressure, by taking bribes, etc. This activity of judges shaken the people completely and their trust in the judiciary goes into vain.

 

Conclusion

No one is a criminal by birth but the society and the corrupt system making them criminals. All above mentioned factors are destroying the credibility of the judicial system, only due to these factors no one has belief in the judiciary and that’s why they tried to solve the case in one day by taking revenge i.e an eye for an eye.

Very disappointingly today I have to say that our judicial system is giving courage to the man who is actually a criminal to do more crimes because they know very well they can live the same comfort  life even after committing heinous crimes   and  discourage those who are seeking a justice and not just discourage them but also compelled them to do crimes by taking revenge.

There is a strong need for reform to the Indian  judicial system to give fair and impartial justice and eradication of above mentioned factors are very must otherwise that day was not far when ruling of law converts into a rule of strong people again.

BY

Avneesh Upadhyaya 

A Law Student

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