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Legal decision and fixed time

delay justice
India is the largest democracy in the world, and one of its pillar is the judiciary. In our country, the judiciary is considered highly fair and important. It is well known for our judiciary system that “ten guilty should be left out, but not a single innocent person should be punished.” Is the judiciary today able to establish this statement fully in the society? From the time of registering the case till the time the decision is taken, the time is going to be very long and going through mental torture which is a punishment for any innocent person. Does the society find this system right? Is our system of justice fair? Or it needs a change. Therefore, this burning question arises here, whether the country needs a new law which should be subject to the principles of law and able get a decision within a certain period of time? In order to ensure speedy disposal of cases in the courts, the number of cases will also be reduced. Today, the society is also seeing the weight of excessive cases on the judiciary. Society is also watching that even though the number of courts and judges is small, they are performing their work strongly. The number of cases and the flexible justice system are also causing delays in getting justice for the citizens, a vivid example of this is the Nirbhaya episode, in which law scholars are adopting many statutory tactics to avert the hanging of the accused. That is why society today needs to ponder over this burning question,

Q.20: Does the country need a new law that makes decisions within a certain period of time under the principles of law?

If agree with the question what should be the changes? If you disagree then why?

Think and write your opinion in below comment box with limited words. You can also express your opinion by pressing the button of “Agree” or “Disagree” bring the change in nation and our society.

Intent:

There are several reasons why the above question arises. (1) Some statistics have been given to the country on the table of the Rajya Sabha by the Law Minister of the country (in June 2019), in which he says that millions of registered cases are pending in the High Courts of the country. Many cases have been registered for over a decade, etc. etc. (2) The former Chief Justice of the country has reported 3.3 million cases pending in all the courts of the country (read full article), which shows the weight fallen on this pillar of democracy. This fact also indicates the reason for the delay in getting justice to the public.

Getting justice is the fundamental right of every citizen and justice delayed is justice denied. When the question of delays in getting justice arises, it is important to assess the circumstances of the judiciary. The number of cases in the country is constantly increasing and the number of courts and judges is much less, so how can we expect a quick hearing of any case and getting a quick decision, this is also a main reason for delay in getting justice. We should also consider the following points,

  1. Why our central and state governments are not paying attention to this essential fundamental right of the people?
  2. Why central and state governments are not solving the problems of this institute?
  3. Is the economic condition of our country and states so weak that governments cannot increase the budget of the judiciary to protect the fundamental rights of the citizens of the country?
  4. Does not this disorder seem to be a violation of the fundamental rights which are given to every citizen by the Constitution?

In the court, registered cases are going on dragging long due to the way the legal experts use the flexibility of the law system, which is prevailing in our country. The burden of work on judges is increasing constantly due to legal hurdles in registered cases and the increase in number of new cases. Because of this, every time the public is getting only a new date of hearing from the court. Should today’s educated society not meditate on such legal disorder so that we abolish this system from society or reduce it to a minimum? We have to think… We have to write…. We have to change….!!

Friends! The makers of our constitution have given us freedom to live life with the right to equality and respect in democratic systems, which this institute has always respected. Therefore, all of us Indians are proud of our judiciary. All the present and former honorable judges of the country in their respective time and the Law Department have sent proposals to the government for the requirements of the judiciary, some of which are still to be considered. Through this platform, we request the government to accept the demands of the judiciary at the earliest, with the implementation of which the people will also start receiving justice at the earliest. With this, we will have to think on our basic burning question does the country need a new law that makes decisions within a certain period of time under the principles of law, to bring digital system and digital evidence into legalism as well as to improve the flexibility of justice system, to have simple and cost-effective justice system. Jai Hindi…! Jai Bharat …!!!

Request

Your views or suggestions may be useful on this issue. Please write down your views or suggestion in the comment box of the blogs or cast your vote. Your views/suggestions are forwarded to the high constitutional authorities of the nation. It might be that government may implement it by taking in consideration. With such hope, put your views. Thanking you.

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