Democracy And Indian Judiciary

In a democratic country like India, judiciary plays a vital role in establishing a state of justice. Therefore being the watchdog, they are not allowed to shift their burden to others for their failure to establish an actual State of Justice. It is judiciary on which millions of people have struck their faith of getting justice. It has the capability of imparting justice to the aggrieved. It is that part of our constitution which acts as its Messiah. It is that structure of our society, which cemented its place next to the God and if not properly dispensed will shatter down the entire trinity of democratic instrumentalists with checks balances, parliamentary structure and the judicial facets of our constitution. Generally, aggrieved with lots of pain anguish and hope in their heart approaches the court of law for their grievances to be clarified but at the end of the day the procedural lacuna left them with bare hands. They are denied of their most important right of Justice. In India, Justice is beyond the reach of most and the right of access to it is not communicated to the citizens properly. In many a circumstances it was found that the litigant who has had access to the court failed to obtain quick relief and for some never have the opportunity even to knock the doors of the court due to ignorance and poverty. If we want justice to be accessible to all, then it must be relieved from the Laissez faire pattern, where justice like other commodity can be purchased and initiative must be taken to educate the populace. Quest for justice has nothing to do with procedure or jurisdictional aspect rather it cares for its speedy disposal. Delay in disposal of cases is considered as one of the most vexed and worrying problem. It is the code of procedures, which makes it so worse. However personality like Nani Phalkiwala opined that Justice in common parlance is considered as blind but in India it is lame too and hobbles on crutches. It is on the verge of collapse with more than 30 million cases clogging the system. There are cases that take so much of time that even a generation is too short to get any type of redressal. Procedures must be utilized to advance the cause of justice but in India it is used to thwart it. Justice is something which should be dispensed as early as possible otherwise it will be too late for a critic to add a common adage to that Justice Delayed is Justice Denied. Current situation shows that it will take more than 300 years to clear the backlog of cases in Indian courts. In Anil Rai vs. State of Bihar case, Sethi J stated that Delay in disposal of the cases facilitates the people to raise eyebrows, sometime genuinely, which if not checked, may shake the confidence of the people in this judicial system. Thereafter this problem of delay in justice delivery system had engaged attention of our law commission for a quite a long time. To cope up with this situation they have proposed several amendments. But the position retains unchanged.

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