What are the Setbacks for Indian Judiciary?

Dear Mr.Raj Kumar Makkad,

The judiciary is not been created but has evolved along with the development of the civilization/society.   As different societies have their own salient features same is the case with cross border judicial bodies as well.  The word injustice, lawlessness, just, right and fair have different connotations at  different times/places and it is highly improbable to generalize the same by way of a thread like this.  Your presumtion about system getting personified is also only an assumption only and more so like the changing times unlike any other institution the judiciary also this institution also improves day in and day out.

I do not know what made you to assume that lately the system has become corrupt /decayed/imperfect as like in every system there is a inbuilt mechanism of checks and balance.

It is "the objectivity or the subjectivity of any discussion - which in my humble view take it to its logical conclusion as in the instant case either we are part of the problem or part of the solution"  I put a question to all members that what stops us from changing our thinking process i.e. instead of pointing fingures on whatever reason or rhyme we should optimistically embark upon an exercise or adding value day in and day out sincerely, uninterrupted and more than that without seeking anything in return.  If our objectives are concerned "then we should not be bothered about a few blacksheeps" instead moaning and groaning by differentiating have ones and have nots let us give them the competition and weed them out for once and all". (As the exercise is still on (1. at least in Delhi High Court by enlisting  and making public family/friend and relatives of judges holding office) which some time ago was unthinkable. 2.You can find mentioning in the cause list that in absence of previous adjournment request at the time of hearing the adjournment shall be subject to cost. 3. The success of E court process etc. to name a few.

Last but not least OPTIMISM ALWAYS WINS - AND I COUNT MYSELF AMONGST THOSE WHO BELIEVE THAT INSTEAD OF EXPECTING SOMETHING IN RETURN WE SHOULD DO OUR JOB SINCERELY (SHOULD ALSO ABSTAIN FROM INDULGING OR PARTY TO THE MUDSLINGING, PERSONALITY ASSASINATION OR UNHEALTHY GOSSP ETC, HONESTLY AND SHOULD LEAVE REST TO GOD.

Best Regards

Daksh

Hello Daksh, I really appreciate your respond.

To put it in a nut shell, the sanctity values of Judiciary often gets diluted when the legal fraternity adopts all the tactics to get the case adjourned for no legitimate reasons.

Best students of law rarely join as judge, rather they prefer to do practice for the sake of money. Also back door entry of justices in various high courts.

I really thank Mr.Makkad for creating this thread which will be an eye-opener. I think this is the ever best thread I have come across after I became an LCI member. Only through this kind of thread, we can openly discuss the pros and cons of the Indian Judiciary.

Generally, there is no avenue for the right thinkers to ventilate their views. We are ill-fated (!) in this our democratic country that even to air our views we need the aid of MPs or MLAs in the State / Parliament. How many of us know the MLAs / MPs in our personal life? There are a lot of laws that have become obsolete due to their impractical provisions or by technological or other factors or by judicial decisions nullifying them. Pl take for instance the Companies Act which contains 600-odd sections of most of them are never used or unusable.

There is a long felt need for repealing of the Act. Talk was also there to repeal it. But even today, it remains as it is. The only change happened is increasing of fines to ten times in the amending Act and the Government has simply kept quiet after that change. Penalties that fetched Lakhs is now begetting Crores of rupees now.

The mighty Government is using the judiciary as yet another means for generating the money. Like these, there are several instances. Law prevails but not justice. For a false prosecution under criminal law, an accused is acquitted, the compensation that could be awarded is just one hundred rupees. Today one hundred rupees is only peanuts. Then how the police is expected to get fear of filing false cases? If the officer concerned is made answerable and given punishment for filing a false case or with monetary compensation to the accused, then he would get fear. The Criminal Procedure Code should be repealed entirely and make it suitable for today's scenario. LIkewise, several Civil Acts are largely impractical and put no end to litigation. Today's Courts are being controlled mainly by Government, Politians, Police Department (Public Prosecutors) to their best advantage.

The judicial precedents are not uniform in our Country and not useful for common man (or) for a common lawyer. The provisions of law are interpreted differently according the parties involved in a case in our country. Due to various interpretations of one and the same provisions, justice is delivered in our country not on case to case basis but on face to face basis.