Current Problems in Indian Judiciary System – Part 1

INTRODUCTION- Indian Judicial System has a very glorious history. The Indian Judiciary has evolved overtime since ancient times till the modern period

India has a recorded legal history starting from the Vedic Ages. It is believed that ancient India had some sort of legal system in place even during the Bronze Age and the Indus Valley Civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other Religious Texts, it was a field enriched by practitioners from different Hindu Philosophical schools and later by Jains and Buddhists.

Secular Law in India varied widely from region to region and from ruler to ruler. Court Systems for Civil and Criminal natters were essential features of many ruling dynasties of ancient India. Excellent secular court systems under the Mauryas (321-185 BCE) and the Mughals (16th – 19th Centuries) which preceded the current scheme of common law in India .

This section begins with the idea of Hindu Law and traces its origin through the ancient legal literature. The Section also describes the evolution of Hindu Law during the British rule as well as the modern times, to conceptualize ancient Indian Law in relation with modern Law. Islamic Law became relevant in India only during the medieval period or the middle Ages, especially with the advent of the Mughal Empire in the Mid-16th Century.

The British rule in India is responsible for the development of the Common Law based legal system in India. The development of the British Common Law based system can be traced to the arrival and expansion of the British East India Company in India in the 17th Century. The East India Company gained a foothold in India in 1612 after the Mughal Emperor Jahangir granted it the rights to establish a factory in the Port of Surat. In 1640, the East India Company established a second factory in Madras (now Chennai) on the southeastern coast. Bombay Island, a former Portuguese outpost was gifted to England as dowry in the marriage of Catherine of Braganza to Charles II and was later leased to the East India Company in 1668.

PROBLEMS FACED BY THE INDIAN JUDICIARY-

Nowadays, if we keep aside the glorious history of the legal system and see the current scenario of the Indian Judicial System, then we can see the sorry state of Indian Judicial System because the working and efficiency of various Courts in the Country is getting pathetic day by day. Further, there have been problems in nepotism that have been alleged by the masses in Legal Field of the Country.  The major problem that the Indian Judicial System is facing is the lack of modernization. It lacks transparency and digitalization a result of which the cases that are solved in various High Courts, District and Subordinate Courts and Supreme takes a longer period of time for example The Nirbhaya Case and the justice delivered to the victims is a really slow and tedious process. Further, the laws which are passed by the Parliament in the welfare of the society is often termed unconstitutional by the Supreme Court and thus it results in the long and slow welfare measures which can be executed in the country because many amendments have to be made now in these bills and then only it can be implemented in the country.

There are also allegations of bribery in the judicial field. There are allegations that the topmost lawyers of the country take bribes in order to fulfill their own selfish needs from the people and in return they fail to deliver the justice to the people and doing serious injustice with them . Many of the poor sections of the society allege that fighting a case in the court is the most costliest affair that they ever have to face in their lives in order to get the justice delivered to them and hence they mostly ignore to go to the courts and their mindset is like the justice whatsoever would not be delivered, it would be an utter waste of time visiting these so called “temple of justice” i.e. a court.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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One comment

  1. Hi there! Would you mind if I share your blog with my twitter group? There’s a lot of people that I think would really appreciate your content. Please let me know. Cheers

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