Essay on Justice Delayed is Justice Denied
“Without Justice, life would not be possible, and even if it were, it would not be worth living”.
“Justice delayed is justice denied” is a legal principle. Delay and unresolved questions have for a long time been the cause of controversy for the Indian judiciary. In the last five decades, the judiciary, leading experts and legal advisors have established many schemes to address the problems of posting and adjudication in India.
Causes of Delay
LESS NO OF JUDGES – An inadequate representation of judges in the Indian judiciary is the most visible reason behind the pendency of cases. The number of judges is not as much as required. In case we do not have an adequate number of judges to pick the case, the underlying motive which is equity will not be satisfied. This problem is not only seen in the lower judiciary but also, the higher judiciary. The vacancies at the courts are not sufficiently covered. In numerous instances, in addition to the deficiency in the number of judges, Indian law is lacking in the essential requirement of judges with a proper understanding of the legal provisions.
FILLING OF FALSE CASES – The second significant reason behind the pendency of cases in the Indian court is recording of fake cases with a mistaken intention to disqualify others. Moreover, there is a deferment of equity because of this. Delhi Women’s Commission (DCW) has found remarkable figures that are falsified for every 53.2 pence of attack cases reported in Delhi.
POOR INFRASTRUCTURE OF SUBORDINATE COURTS – Nowadays, also the smallest office in the private sector has computers and other technical devices to increase their productivity and to maintain their data. However, the technical assistance of faxes and other similar instruments has not been given to our judiciary. Every court has heaps of files of pending cases. Also, courts are operating without power in certain regions. Since we live in the era of machines, our methodologies are obsolete and require a revision urgently.
NON-COMPLIANCE OF PROVISIONS UNDER CRIMINAL PROCEDURE CODE – The Code provides some provisions for dispute resolution and speedy trials, e.g. Joinder of charges, plea bargaining, summary hearings, etc. The question, however, is that the law is not fully enforced.
GREAT NO OF APPEALS – Furthermore, a significant number of requests obstruct the quick movement of events. Courts get engaged in the transition of a large number of allegations. Therefore, courts get less time to pass other vital issues.
NON-ADHERENCE OF ORDER X OF CODE OF CIVIL PROCEDURE – Order X CPC performs a summary of trial sessions. In its 77th report, the Law Commission of India says that “with a specific goal of using the arrangements of Order X effectively, it is important that the trial judge read the pleadings of the meetings in advance and knows the instance of each assembly at the same point that it can properly place the inquiry and edge questions.”
Remedies to Overcome Delay
More courts must be built, and the number of judges by population must be increased. The country’s population and the number of lawsuits have increased, but adjudicatory systems continue to be understaffed.
The same is right in the judiciary where there are fewer judges in comparison to the need. The number of judges per million in the world figures to be just 2, which is one of the world’s lowest proportions.
The number of judges, particularly on the local level, must be increased urgently in order to enable ordinary citizens access.
A body of judges, lawyers and legal scholars, who would have the responsibility to administer retraining exams to the Indian Judicial Service (IJS), must be formed at the national level.
Following the advice of the National Judicial Service Commission, Article 233 should be amended to give the President the right to select members of the Indian Judicial Services.
To obtain the best possible talent in the region, the development of the Indian Judicial Service seems appropriate. The need for impartial investigation service is desperately needed in our criminal justice system.
Criminal investigation delays are also one reason why trials last for years. It is also a smart thing to create a dedicated police agency, which is solely responsible for prosecuting crime and which is closely supervised by independent prosecutors.
Virtual infrastructure and proper management of resources must be applied urgently. The productivity of the legal system will also improve with the application of new technologies and machine use.
Statistics of Pending Cases in India
Judge B.P.Singh gave a set of figures showing a moderate degree of dismissal and suspension of cases that exposes the real state of justice in India.
A total of 50 lakh crimes are reported a year that the police try to solve. For lower courts, there is 1.32 Crore pending cases, with 12,177 judges being of significant power.
In criminal cases, 1,44 crores are still pending for the proceedings. Last year, on average, 19% of unresolved lawsuits were disposed of.
Decisions that have been postponed or slowly processed rarely achieve their purpose. They are the real obstacles to a state or nation’s growth.
The litany of woes caused by a delay in the administration of justice is disastrous. A layman does not want to understand any reason for the delay in the administration of justice, he wants and understands that he has the right to get the justice and that is too within a reasonable time.
Delayed justice is the biggest cause of prevalent corruption in the country. Many political leaders are enjoying the chairs of ministers while several cases are pending against them.
Social justice would be possible only if the entire concept of democratic political, social order is pursued, where no one is oppressed; every citizen is liberated and is free from hunger and misery.
The continued expansion of the repression in courts and councils across the country has generated outrage over the last few decades. The growing population and the synchronous rise in citizens’ knowledge of legal rights also resulted in rising court pendency.
As “justice delayed is justice denied”, they claim that “justice hurried is justice buried” is equally valid. Therefore, the requisite condition of fair justice and balance of convenience is an appropriate, rational and due hearing for all cases. Law is an outstanding achievement, which needs tremendous respect.