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CONSTITUTIONAL MATTERS ADVOCATE

In contemporary world when most of the oldest existing institutions of India have
undergone the much needed overhauling to be in line with the newer challenges, Indian
Judiciary lags far behind the pathways of precision, for it traces back its lineage to the
Common Law System (CLS), which was provided by the British in the nineteenth
century and still functions according to the set of precedents, traditions and ages old
idea of justice. It becomes interestingly important that what exactly has made the legal
system of India suffer from the ailments of inefficacy?

Constitutional Matters Advocate

An eminent lawyer of the Supreme Court, Kislay Pandey states, "Indian law happens to be a collective of
colonial regime and its domestic adaptation for a newborn nation, which received baptism through
Constitution when it was just five years old." Certainly there is a dire need of reviewing our entire
judicial system and the legal apparatus which has fallen prey to the activity deficiency syndrome.
Recent crusades against corruption have brought forward some technically difficult phrases like
'judicial accountability' & 'judicial reforms' into the light and have justified the need of judicial review
by framing stronger laws against corruption and the corrupt, which has ultimately made the masses
aware of the law's worth in everyday life.
The shortcomings in the functioning of Indian Judiciary have been well portrayed through the infamous
scandals of recent time, namely 2G Spectrum, CWG, Adarsh Society, Cash for Vote, etc. all of these
have been long pending for completion of inquiries and judicial probes thereafter, no justice has been
done in such high profile scandals which involve big names from industry, politics & bureaucracy
arena. This clarifies the influence of extraneous elements over the judicial system & process, and
establishes their span of control too. The speed of trials can be very easily manipulated according to
comfort of those in power, if they are allegedly involved, signifying the proverb, 'innocent till proven
guilty'.

Constitutional Matters Advocate

As someone rightly said, "A good lawyer knows the law; a great lawyer knows the
judge." justice is captive within the quagmires of judges pleasure completely, as our
judicial system was initially framed by British, it still has traces of tyranny and
being servile in nature. From the process of appointment of judges to different courts
in order to institute a transparent structure of inquiry free from the legislative
interference, to the removal of judges when found guilty, each and every step is too
cumbersome and is being seen in the poor light of inability of the present political
system to amend the legal system as per the requirement of the nation. While there
has been a great deal of advancements and growth in the technologies, and the
changes it has brought into the lifestyles of people today, the Indian Judicial System
seems to be totally unaware of the ground realities. It wouldn't be a surprise if the
prevailing system of administration of judiciary happens to be a totally irrelevant
and inefficient with respect to the requirements of places and times.

Constitutional Matters Advocate

A number of legal experts, social activists, entrepreneurs and media persons, who had a close
brush with the Indian Judiciary have always pointed towards the need of a clearly defined
legal framework, which could carry out efficient disposal of cases. The Indian Judicial
System and the Legal Framework have failed to keep up the pace with the rising
population, dynamic societal structure, increasing laws and advancements in technology.
It's ironical that the ruling machinery has long realized the drawbacks of the grievance
redressing mechanism of Indian Judiciary, but hasn't taken any concrete steps to strengthen
the process of lawmaking and spreading the broader message of justice and fairness for all.
Like many other organizations and institutions, corruption in judiciary too is as rampant as
anywhere else, as it lacks the presence of any in-house system of accountability, whatever
are the existing mechanisms, and everything falls short of being effective. The third pillar of
democracy, Media too, is afraid of being framed for contempt so often remains silent over
such issues which need attention. The appointment & impeachment of Judges continues to
be a hard nut which couldn't be easily cracked and hence the supremacy of Judiciary is
maintained in every case.

Constitutional Matters Advocate

Supreme Court advocates, too emphasize over the immediate

overhauling of the judicial system so that law could come out from the
ages old image of being blind and for worst, deaf. Equivocal judicial
activism is the need of hour, which could take India to the frontline of
judicially competent nations of the world so that the Indian Judicial
System becomes free from all the shortcomings it presently suffers
from.
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