University of Petroleum and Energy

Studies
College of legal studies

Academic year – 2017-2018

Under supervision of Sam Babu .K.C.

Topic: A Critical Evaluation of Judicial Administration in India

Submitted by:
Name: Aniket Rai
SAP ID: 500061750
ROLL NO: 22
INDEX

1. NATURE OF INDIAN LEGAL SYSTEM AND NATURE OF

INDIAN JUDICIAL SYSTEM

 INTRODUCTION
 THE COMMON LAW BASE
 THE RULE OF LAW
 PROTECTION AGAINST CONSTITUIONAL AMMENDMENT
 FUNDAMENTAL RIGHTS
 INDEPENDENCE OF JUDICIARY
 ADVERSARY SYSTEM
 UNIFORM CIVIL CODE
 STRUCTURE OF JUDICIAL SYSTEM IN INDIA
 CODE OF CIVIL PROCEDURE (CPC)
 CODE OF CRIMINAL PROCEDURE (CRPC)
 INDIAN PENAL CODE (IPC)

2. OBSTRUCTION IN THE WORKING OF INDIAN JUDICIARY

AND EFFECT OF THESE PROBLEMS

PROBLEMS
 CALENDAR OF THE WORKING DAYS OF COURTS IN
INDIA
 BUDGET OF THE JUDICIARY
 MUNDANE CASES
 VACANCIES IN THE INDIAN JUDICIARY
 INEFFECTIVE POLICE FORCE
 AWARENESS AMONG THE MASSES
 EFFECT OF THESE PROBLEMS

 DELAY IN THE JUDGEMENT OF THE CASES

 NUMBER OF PENDING CASES INCREASES
 NON AVAILABILITY OF WITNESS

3. CASE STUDY

 STUDY OF THE AMERICAN LEGAL SYSTEM FOR

PROCEDURAL SYSTEM IN CIVIL COURTS OF INDIA
( JUSTICE MOHIT S SHAH, JUDGE HC OF GUJARAT)

 ADMINISTRATION OF JUSTICE AND JUDICIAL

ADMINISTRATION ( N SATHIA MOORTHY)

4. IMPROVEMENT NEEDED TO BRING INDIAN JUDICIARY

BACK ON TRACK
 INCREASING THE WORKING HOURS OF SITTING OF
THE JUDGES
 DIGITALISING THE COURTS
 INCREASING THE STRENGTH OF THE JUDGES AND
ADVOCATES
 NON ACCEPTANCE OF FLIPPANT CASES
CHAPTER 1
NATURE OF INDIAN LEGAL SYSTEM AND INDIAN JUDICIAL
SYSTEM

INTRODUCTION

Indian Law refers to the system of law which is applied in the territories of India.
India has one of the oldest Legal systems in the world. The introduction of this Legal System as
well as Judicial System of India can be traced to the year 1726, in the year when King George 1
signed the Charter Act and it came into force.
From 1726 to the present various changes have been made in the legal matter but he base
provided by the Britishers has not been disturbed, as a result of which the legal system of India is
considered as the one of the most successful Legal system of the time.
The basic of the Indian Legal System is that the Judges of the Courts in India are appointed by
the President of India and the Supreme Court has the authority to solve the cases between the
Centre and the State.
According to the ratings Indian System is rated fair, although having some backlogs in it.
The Constitution of India which came into force in the year 1950 is considered as the
highlighting feature of the Indian Legal System.
If we go back to the sources of the Indian Legal System we will come to know that Indian Legal
System is based on the English Common Law which has came into existence by the help of
Judgements, decisions, orders during a proceeding.
THE COMMON LAW BASE OF INDIAN LEGAL SYSTEM

The common law system is a system based on the recorded judicial precedent. The common law
base of India was applied in India, when there was invasion of Britishers in India and more
precise the BATTLE OF PANIPAT was the turning face in the Indian history, as this phase
changed the phase of Indian history from the Mughals to the Britishers.

After the first war of Independence 1857, by the Charter Act was passed by the Britishers which
brought the whole administration of India under the British Crown, and replaced all the Mughal
Courts in India by the three new presidencies Kolkata, Madras, Bombay and three new High
Courts were established in these cities.

Coding of law also began with the beginning of the 1st Law Commission of India. Although the
Common Law is applied in India it is quite different of what is applied in England due to the
difference in the society with the advent of Common Law in India various acts were formed such
as INDIAN EVIDENCE ACT,1872; INDIAN PENAL CODE,1860; CODE OF CIVIL
PROCEDURE,1908.
From this map it is clear that although during the British times they enforced Common Law
System in India but after independence India also accepted the Civil Law and didn’t give more
focus on any law and therefore India emerged as a combination of Common Law as well as Civil
Law.

THE RULE OF LAW

The concept of rule of Law in India is that the country is not ruled by a single ruler but by a
government which derives its power from the Law, which is the Constitution of India. The
Constitution says that it is supreme and all the authority whether Legislative, Executive,
Judiciary derives power from the Constitution.
The Origin of Rule of Law Theory is traced to the Ancient Romans during the formation of their
First Republic, later this theory was also supported by the three exponents of Social Contract
Theory i.e. Hobbes, Locke, Rousseau and in India Chanakya also gave emphasis to the Rule of
Law Theory which said that THE KING IS NOT THE LAW BUT THE LAW IS THE KING.
As our Constitution is the Supreme Law of the Land, the rule of Law is mentioned in the Part-3
of Indian Constitution which is described in ARTICLE-13(LAW), ARTICLE- 14(EQUALITY
BEFORE LAW) these two articles defines what is Law in our country.
But it is a different case when the rule of law is applied in practical sense as this data is WORLD
JUSTICE REPORT 2016 which gives ranking on the basis of four aspects Government
Openness, Publicised Laws and Government Data, Right to Information, Civic Participation,
Complaint Mechanisms.
The best Country is that whose points are close to 1, according to this ranking India is positioned
at 37th position.
PROTECTION OF RIGHTS AGAINST CONSTITUTIONAL
AMMENDMENTS
When the making of Constitution was in progress no one in the Constituent Assembly tried to
raise voice for the protection of rights from the amendments except BR. AMBEDKAR but as
different political situation arisen the importance of the Article- 32 became in actual sense the
HEART AND SOUL OF INDIAN CONSTITUION.
For the protection of the Fundamental Rights Supreme Court under this Article can issue an
order in the form of Writs mentioned in this Article such as Habeas Corpus, Certiorari,
Prohibition, Quowarranto, Mandamus with the help of this the rights of the citizens as well as
Aliens can be protected.

FUNDAMENTAL RIGHTS
It is a very important section of Indian Constitution and is also known as MAGNACARTA OF
INDIAN CONSTITUTION. The fundamental rights constitute of the Part 3 of Indian
Constitution and extend from Article 12- 35 of the Indian Constitution.
These are basically the rights that are very necessary for a Citizen as well as an Alien to exist in
the country. These rights include Equality before Law, Right to freedom, Right to Equality,
Right to Detention, Right to Life and Personal liberty, Right to education, Abolition of
untouchability, Abolition of Titles, Abolition of child labour and bonded labour, Right to manage
religious affairs, Right against exploitation etc.
These are the rights covered under the fundamental rights and are available to citizens as well as
aliens but some rights such as Article-15, 16,19,29,30 are not available to Aliens.
These rights are a part of the basic structure of the constitution and any law in derogation with
Fundamental Right is void.
INDEPENDENCE OF JUDICIARY
The concept of Independence of Judiciary has been taken from the Constitution of U.S.A in our
constitution. According to this concept there is no dependence of Judiciary over other organs of
government.
This concept mentioned in our constitution is a part of the Directive Principle of State Policy
(PART- 4) of Indian Constitution, ARTICLE- 51 defines this article various conflicts took place
from 1951 – 2015 on the topic who has the final say to select the Judges of the Supreme as well
as the High Court.
Later in the case of Second Judges Case it was found out that that the final say would be of the
collegium including the CJI, Senior Most Judges of Supreme Court and two eminent
personalities.
The Independence of Judiciary can also be considered on the basis that
 The Judges of the Supreme Court as well as High Courts take oath before taking that post
to perform the legal duty of them honestly without any lust of anything.
 Secondly, they are under no authority to anyone and not accountable to anyone during
their legal duty and are the highest authority in their courts.
 The salaries of the Judges of the Supreme as well as the High Courts are charged upon
the Consolidated Fund of India and can never be cut shot except during Financial
Emergency.
 The activities of Judges can never be discussed by executive or legislative except during
their removal.

These points prove that the Independence of Judiciary is practised practically in India.
According to the latest rankings India ranks at the 54th position in the Judicial Independence out
of 144 Countries.
ADVERSARY SYSTEM
The Legal System practised in India is known as Adversary System. In this system the parties
place their arguments before the court, call and question witness, and then the decision is given
by the Judge.
The role of the Judges in this system is that to play an honest role during the proceeding and to
play an impartial role in imparting Justice to the respected.
Although there are two systems the Adversarial and the Inquisitorial System but India follows
the former one as it is much fairer than the latter and allows less chance to anyone for being the
system biased.
As the coin has two sides it also has negative points as well, critics say that it is very time
consuming process and neither Judiciary nor the executive tries to accelerate the proceeding of
the court.
This type of system is also known as the system of trial procedures.

UNIFORM CIVIL CODE

Uniform Civil Code (UCC) comprises of PART-4 of Indian Constitution and comes under
Directive Principle of State Policy and is the ARTICLE – 44 of Indian Constitution.
In Medieval times before the advent of the Britishers the laws of Muslim imposed on Hindus
caused various mis-happenings in the country, to change the laws of the land the Britishers tried
to bring a common law for everyone without disturbing their personal laws.
According to this article of the Indian Constitution if formed UCC in the country no special law
would be in existence for any particular religion, every religion would have an exclusive,
universal law applied throughout the country.
This law if applies in future would make more clear the meaning of Secular in our Constitution.
Currently there is no Uniform Civil Court in any state of the country except the state of Goa.

STRUCTURE OF INDIAN JUDICIAL SYSTEM

The Judiciary of India is independent from the executive and the legislative. The topmost court
of the country or the apex court of the country is the SUPREME COURT which is the court at
central level at the state level there are HIGH COURTS and at the base level in districts there are
DISTRICT/ SESSION COURTS and in villages LOKADALATS.
These Courts look both the Civil as well as the Criminal cases and the base is of the Britishers.
SUPREME COURT
It is the apex court of the country and was established on 1st October, 1937 it has no benches
throughout the country the Supreme Court is located in national capital of India i.e. New Delhi
and the topmost Judge of the Supreme Court is called the Chief Justice of India.
In the Constitution of India ARTICLE- 124 gives information about the Supreme Court of India
such as it has 31 Judges Capacity including the CJI, its jurisdiction such as Original, Appellate,
Advisory, Episolatory.

HIGH COURT
The High Courts are also termed as the courts of equity, and can be approached by the people
through writs as well as Article- 226 of Indian Constitution; the High Court is given in the
authority in India through ARTICLE- 227 of the Indian Constitution.
There are 24 High Courts at the state and the Union Territory level in India.

DISTRICT COURTS
The highest court in each district is that of the district and session judge, the district court is also
known as sessions court when the subject matter of the case is Criminal whereas it remains
district court when it is a civil matter.
The district courts are presided over by district judges and also by in some cases Additional
District Judges and Assistant District Judges based on the task.
However the district judge is the head of the court.

CODE OF CIVIL PROCEDURE (CPC)

To give uniformity to civil procedure the legislative first enacted the Code of Civil Procedure
1858 and gave assent by the Governor in 1859, but it was not applicable in the three presidencies
of Calcutta, Madras and Bombay and was replaced by Code of Civil Procedure Code 1877 but
still it had some flaws as a result of which Code of Civil Procedure 1882 was enacted but was
again not up to the mark and then came CODE OF CIVIL PROCEDURE 1908 although after
going some amendment it still applied in the country.
It is a procedural law and is concerned with the civil proceedings in the country. It is further
divided into two parts 1st part contains 158 sections and the 2nd part contains orders and rules
prescribing proceedings.
CODE OF CRIMINAL PROCEDURE (CRPC)
Code of Criminal Procedure is the main legislation for the criminal proceedings in India. This
procedure was enacted in the year 1973 and came into force on 1st April 1974. This procedure
deals with what is the procedure to deal with the criminal cases such as collecting evidences,
bringing witness, asking questions with the person involved in the case etc.
The act contains 484 sections, 2 schedules and 56 forms the sections are further divided into 37
chapters.
As we know that before the advent of the Britishers there was Mohammedan law in India and the
regulation act of 1773 changes the dimension of the legal system in India and the Code of
Criminal Procedure is one part of it that brought a major change in the country.

INDIAN PENAL CODE (IPC)

The Indian penal code is the main criminal code of India this code was enacted in the year 1860
by the recommendation of first law commission which was established in the year 1834 and
came into force in the year 1862, having an age of about 150 years old it has gone through
various amendments to cope up with present rules and regulations.
The RANBIR PENAL CODE which is applicable in Jammu and Kashmir is based on the Indian
Penal Code; the law applied in Pakistan which is the Pakistan Penal Code is also the same one
which is applied in India.
CHAPTER-2
OBSTRUCTION IN THE WORKING OF INDIAN JUDICIARY AND
EFFECTS OF THESE PROBLEMS
PROBLEMS FACED BY THE INDIAN JUDICIARY

NUMBER OF WORKING DAYS OF COURTS IN INDIA

This is not one of the problem which is highlighted much but is a major problem as it decides
how many days a court will work in a year and how many holidays are given to the courts, if we
go through the Calendar of the Supreme Court of India, 2017 we will come to know that the
holidays of the Supreme Court in a year is not less than a child gets when he/she is studying in a
school.
Therefore it is no wrong to compare a child who is studying in school to a Judge of a Supreme
Court this problem should be sort out because if not resolved then the number of cases in the
Supreme Court will be pending more and more and there will be no end to it.
From this calendar it is clear that our Judiciary is in a year enjoying the vacations for about 1/3rd
of a year i.e. 137 holidays in 2017 and 228 working days the majority of holidays comes from
the Summer and the Winter Holidays.
If we compare the calendar of the Supreme Court of U.S.A with that of India we will come to
know that there are very less holidays as compared to the holidays of that of India, although the
system is quite different to that of India but cases of such large population can only bet get
ridden by reducing the number of holidays.
The black circles in the calendar circumscribing the respective date are the holiday.
The 230th report of Law Commission also focused on the number of holidays granted to the
judges of the Supreme Court but it has not been applied yet in the judicial system of India.
And according to Frank Tyger WHEN YOU LIKE YOUR WORK EVERYDAY IS A
HOLIDAYS.

BUDGET OF THE JUDICIARY

The financial status of the Judiciary of India is not much on track and that is also the problem
that weakens the power of Judiciary to ensure Justice to the people, India is not economically
sound in the system of Judiciary because Indian Judicial System does not get enough financial
support from the Government of India which limits the power of the Courts of India.
If we consider the Budget of the fiscal year 2017-18 we would come to know from the data that
this time Judiciary got the share of about 0.4% of the total budget (Rs 4536) of the fiscal year
which is not even 1% of Rs. 21.47 lakh crore (the amount needed to resolve 3.3 crore cases
pending in the Indian Courts). The amount allocated to the Ministry of Law and Justice is not at
all enough to perform three functions- salaries of the Judicial Officer, Infrastructure of the
Courts, and Construction of new courts in the country.
Former C.J.I of India has also said in his farewell speech that BUDGET ALLOCATION OF
JUDICIARY IS A SERIOUS CONCERN. The problem is also with the mentality of people
towards the Budget, when the budget is announced the majority of people see the amount spent
on the defence, tax and not the law sector.
If we compare the budget of that of U.S.A with that of India, U.S.A allocates 1.4% of the total
budget to its Judiciary same is the condition of U.K
The major reason behind less emphasis to the Judiciary is that the ruling party has many union
ministers having going through criminal proceedings going against them and if allocated proper
budget then every case will be resolved and they can lose their majority in the country and can be
thrown out of power.

MUNDANE CASES
The filing of mundane cases in the Indian Courts is also a major problem as due to these
false/fake cases the cases which are actually matters are delayed and as a result justice is delayed
to the respective parties.
These fake cases are basically filed against the famous personality and due to which these cases
become prominent as compared to all other cases pending in the courts, as a result of which these
cases are given importance and other cases are delayed.

VACANCIES IN THE INDIAN JUDICIARY

Indian Judiciary is not working with the full capacity and lacks 4,937 Judicial Officers
throughout the country as of June 30, 2016 and the number of officers working in the Judiciary is
21,320.
If we go through the state wise we will come to know that Andhra Pradesh leads with about 62%
vacancies in the courts and the total seats vacant of the 24 High Courts is India is about 43%.
The major reason behind these vacancies is the education system of India because majority of
students go for the preparation of Engineering left ones go for Medical and then the left students
who are not capable than the other ones opt for other fields such as Law, Journalism, Sports etc,
Majority of students of the PCM stream opt for the Law in future and maximum being opting
law after failure in engineering entrance examination.
So, the problem is right at the base i.e. the education system of India if this disease is cured then
no vacancies could be left in the Judicial System of India.
I am so clear about this pattern of the students because i oneself was the student who was
preparing for IIT and then later opted for the Law stream.
INEFFECTIVE POLICE FORCE
Yes the police force also play a dominant role in performing of the Judicial function of the courts
well because the police is the one who has the authority to bring the accused before the court and
any mistake by them can result in the pendency/ closing of the cases.
Majority of cases had come before the country in which the police officers have been involved in
the malpractices such as corruption, encounters while supporting the criminals or the wrong
people.
So, any reform in the police can batter influence the function of judiciary and improve the police
as well as Judicial system of India.

AWARENESS AMONG THE MASSES

If the people of India doesn’t know any information about the function of Judiciary then how
they can expect that there will be no performing of crime in the country as well as they will get
justice.
The problem of the people of India is that they do not believe in the Judicial system of the
country because of taking of so much time, expensive proceedings including the fees of the
Advocate, and the fear of criticism from the society.
These hesitations by the people lead to the emergence of the people who have already done
crime and to clean their image try to become warriors of them and then slowly slowly by helping
a small section of the society emerge as a leader and then represent themselves as a leader of that
society and later enter into the House of the People as their representative and prevent the house
from making any reforms in the country.
To prevent this Government should organise different seminars in villages and small towns for
people to understand and become friendly with the system.
EFFECTS OF THESE PROBLEMS
DELAY IN THE JUDGEMENT OF THE CASES
The delay in the cases is the outcome of the problem faced by the Indian Judiciary during the
hearing. The delay in the Judgement of the cases is majorly due to many cases pending in the
courts and also the large amount of time taken between Judgement reserved and Judgement
delivered.
The process is that after hearing the arguments from both sides the Judgement is recorded by the
Judge and this is known as Judgement reserved and the day on which the Judgement is given is
known as Judgement delivered.
A recent survey by Daksh, a civil society that undertakes research for better governance in India
found out that 60% of the respondents believe that the delay in the Judgement of the case was
due to the late Judgement given by the Judge.
Although in the Civil Procedure Code 1908, it is mentioned that the Civil Courts are bound to
give judgements within 1 month of the argument been closed, but no such rule is present in
Section- 353 of Criminal Procedure Code 1974.
No such provision is present which gives the time taken by the Supreme Court and High Court to
deliver the judgement.
If delay is prevented then the Justice would also be not denied to anyone in the country.
If we consider this data we would come to know that the criminal cases are sorted out earlier
than the civil cases in the country
This data gives you information about time factor, the comparison of civil appeals and criminal
appeals on the basis of Judgement, and the cases in which the maximum delay had been took
place.
NUMBER OF PENDING CASES INCREASES
There are more than 3 Crore cases pending in all over courts of India.
Around 60,000 cases in the Supreme Court, about 42 lakhs in the High Courts and 2.7 Crore in
the District Court.
Due to the pending of the cases the people of the country lose hope in the Judicial System of
India, Basically poor people lose hope of the procedures of Judiciary, these procedures affect the
foreign investors also as they fear of the judicial system of India.
The reason behind the pending of the cases has been mentioned above in the problems of the
Judiciary.

NON AVAILABILITY OF WITNESS

Due to the problems of the Judiciary there is a lot of time absence of the witnesses in the courts
which is the effect of the ineffective police force which also uses the instrument of corruption to
defend the wrong one.
CHAPTER- 3
CASE STUDY
STUDY OF THE AMERICAN LEGAL SYSTEM FOR PROCEDURAL
SYSTEM IN CIVIL COURTS OF INDIA

This is Case Study performed by JUSTICE MOHIT S. SHAH (Judge of High Court of Gujarat),
this study talks about the problem of the functioning of Judiciary in India the problem includes
backlog of cases, pending of the cases etc,
According to him the problem that India is facing now was also faced by the Judiciary of U.S.A,
cases of more than 5 years were pending at that time in their courts a decade ago but after a
continuous effort by the Judges, Advocates and Lawyers. U.S.A has improved its legal system
after 15 years and now comes in the category of one of the best Judiciary of the world.
Today in their Courts no case is there which is in process for more than 2 years, every case is
disposed within the time period of 2 years. This dramatic change took place because of the two
major steps took by the Judiciary of U.S.A.
1. MEDIATION (Alternative Dispute Resolution) and,
2. CASE MANAGEMENT

MEDIATION
Now days this is the most popular field in the branch of Law and is taught by the Colleges in the
Undergraduate as well as Postgraduate Courses. In U.S.A, this method has been so effective that
97% of the Civil Cases are resolved by only Mediation.
Mediation is a voluntary process and is also a friendly one in which the parties in a dispute are
called upon along with their Judges and are served before a retired Judge or lawyers or technical
experts who are called MEDIATORS; he is no one to make a decision but his aim to resolve the
dispute without any dispute.
Mediation has many advantages such as time and expertise of the mediators, continuation of the
process; it is done to solve the problem, bringing out the interest of parties rather than their
sacrifices.
This field has also seen competition and the Mediators have to go through intense hard work and
dedication to become a super specialist in Torts, IPR, Contract, accidents, construction etc. I
U.S.A, the idea for bringing mediation was brought up by the Lawyers.
There are two types of mediation-
 PRIVATE MEDIATION
 GOVERNMENT MEDIATION (mediation referred by the court)

PRIVATE MEDIATION
There are many private mediation centres opened and run by the private owners. Most of the
people like to go through a mediation process rather than choosing the path of Judiciary.
GOVERNMENT MEDIATION
By observing the growing importance of mediation the Government has also opened Mediation
Centres in the country and here the State pays the fees of the process.
It is better to go through the government process because it is good to see the relationship
between the Courts and the Mediation Centres, it boost the confidence of the Judiciary that the
case is solved by the state rather than the third person.

CASE MANAGEMENT
It means the proceedings of the case are managed by the Judge rather than a Lawyer. If there is
no Case Management then the parties will not know whether the dispute is resolved or not.
CHIEF JUDGE
He is the head of all the Judges working in the Court and looks all the 128 Judges working in the
Court of California. He/She spends his maximum time in Court Management and the
administration of the Courts. He rarely sits in the Courtroom for the Judicial work and only sees
the work load, energy, time management of the Sub-ordinate Judges.
It is believed that the Case Management can only be done effectively if the Chief Judge does the
Court Management effectively. He is free to listen and apply the advice of the counsel if
necessary.
EARLY ASSINGMENT OF THE CASE TO A PARTICULAR JUDGE
For every case there is an accountable and involved trial Judge from the very beginning to avoid
any confusion. The Judge is very actively involved in the case and puts his all focus on it.
SCHEDULING
The schedule from the beginning is decided at the time of filling of plaint by the plaint. He/She is
given a brochure introducing him about the procedure followed by the courts, the brochure of
mediation is also sent to the defendant. Within 5 months of the filing of the plaint the mediation
is performed and at the beginning of the 11th month the trial begins if the case is not resolved by
the process of mediation. Between the 8th and 10th month all the collection of documents is done
by the court.

CONCILIATION/MEDIATION IN INDIA
The Indian parliament has also realised the need for the process of mediation as a result of which
Section 89 of Civil Procedure Code is inserted by Civil Procedure Code (Amendment), Act 1999
talks about mediation, conciliation, setting up of Lok Adalats.
The provisions of Section 61 to Section 81 of Arbitration and Conciliation Act, 1996 contains the
details about conciliation which is same as arbitration.
Due to these acts and provisions many firms for the process of mediation have come out.

CONCLUSION
Intervention along with the customary types of ADR components can take away a generous load
from the overwhelming build-up of cases on the Courts, gave the legal advisors and Judges take
up the changes on the off chance that administration and in addition bolster ADR systems in
right sincere and as a piece of one and a similar venture. This might be finished by choosing a
couple of courts for the pilot venture of executing the changes in the main occasion.
ADMINISTRATION OF JUSTICE AND JUDICIAL ADMINISTRATION (N
SATHIA MOORTHY)
This is a case study which talks about the administration of the Judiciary and what reforms it
needs. It has turned out to be formal, if not popular, for lawmakers and other open persona to
discuss 'legal responsibility' each time the President designates Justices to the Supreme Court and
different High Courts in the nation.
With the deferrals in such arrangements represented and those named getting sworn in, the talk is
supplanted by more incredible scum talk around the local area.
Of late, nonetheless, Union Law Minister M Veerappa Moily has introduced himself as a
supporter for legal responsibility. Others as well, regularly referring to occurrences and episodes,
and furthermore different reports of the Law Commission, have been contending the case – all
without needing to cross the Rubicon, or not having any desire to be viewed as doing as such.
On the off chance that equity must be done, and furthermore appear to be done, there is this
requirement for the political class to keep down the fire. Something else, there are odds of judges
and the legal being impacted by the Government of the day, or being viewed as doing as such.
Any down to business feedback of the legal, the consecrated cleric of popular government and
vote based foundations, can just prompt political and sacred turmoil.
It began in the Seventies when we had priests like the late Mohan Kumaramangalm who
championed the reason for 'conferred legal'. In spite of the fact that he was alluding to a legal that
was focused on the reason for 'Vote based Socialism', which was the touchstone of the country's
socio-advancement demonstrate around then, it came to be viewed as legal that seemed to be
'submitted' to the reason and enthusiasm of the Government of the day and the individuals who
headed it.
It was accordingly that 'Fair Socialism' came to be embedded into the Preamble of the
Constitution through the scandalous Forty-second Amendment. Post-91, it stays just in the
Constitution. Majority rules system remains however Socialism has been expended to the tidy
receptacle of contemporary history, where 'Market Economy' is the mantra for political
uprightness.
It is another issue that 'Law based Socialism' is coming back with a retaliation regarding the
impact that the social segment has on our constituent majority rules system. Progressive
Governments, both at the Centre and in the States, even while discussing financial changes, have
re-worked their needs to suit the social division needs and requests.
 'Complimentary gifts' isn't an awful word any more for the political class however areas of the
corporate group and 'liberal financial analysts' experience issues recognizing the ground
substances, which is as much societal as discretionary.
CHAPTER-4
IMPROVEMENT TO BRING JUDICIARY BACK ON TRACK
INCREASING THE WORKING HOURS OF SITTING OF THE JUDGES
The current Judges in the courts of India work for about 40 hours/week and some senior most
Judges for about 50 hours/week.
The time duration in which the courts of India work is from 10AM- 5PM, working for about 7
hours per day, if the time duration is increased from 40hours/week to about 54-55 hours/week
then there would be a major impact on the outcome of the Judiciary.
Along with the increasing working hours if the holidays of about 137 days is reduced by
removing the summer as well as winter vacations to about 65 holidays in a year would have a
positive impact on the Judiciary and also would reduce the number of pending cases in the Indian
Courts.
In 2009, the 230th law commission report gave recommendation to increase the working hours of
the Judiciary as well as the working days but still it has not been applied in practicality.

DIGITALISING THE COURTS OF INDIA

This is one of the major improvements which the Judiciary of India needs to compete with the
challenges of the present time. The issues such as conditions of the court, bad weather, non
availability of the witness can be sorted out if the digitalisation of the courts of India is
preformed.
And as this is the era of technology why not the technology in Judiciary?
Although the government of India is planning to digitalise the 16,000 sub-ordinate courts of the
country but the action has not been started. Through this process all the courts of all states would
be connected and would be converted into E-COURTS.
While the time India is planning to move to E- Courts, Bangladesh to reduce the backlog of the
cases started this process in the year by making some reforms. This process is environment
friendly as well as less time consuming but the main problem with this process would be its
implementation and its maintenance.
The future of digitalising the courts of India would depend on the Budget provided to the
Judiciary in the future years if the condition of the budget remains same as of now less than the
par, then it is not at all possible to implement it.
The Government has to support the Judiciary to improve its functioning.

INCREASING THE STRENGTH OF JUDGES AND ADVOCATES

If we see the current condition of the Judiciary we would come to know that India has only 13
JUDGES FOR A 1 MILLION POPULATION OF INDIA and according to the 230th Law
Commission Report we need 50 JUDGES FOR 1 MILLION PEOPLE. This report came in the
year 1987 but now the condition is worse, India has in its court around 3.3 Crore cases pending.
To solve this issue Government need more Judicial Officers and for this they have to improve the
quality of study of Law in India and for this thing to succeed they have to motivate students to
opt for Law in the future and then increase the number of Law colleges in the country, improve
their quality of education and then at last conduct Judiciary Examination regularly.
If these things are followed along with giving quality environment and abundant salaries to the
officers then the face of the Judiciary will change instantly.
The appointment of the Judges should also be done transparently and based on the merit rather
than the partiality and status of the student.
In short information to the masses about what the Judiciary is need to be spread to enhance it.

NON ACCEPTANCE OF FLIPPANT CASES

Flippant cases means false/fake cases been filled by the powerful people in order to exploit the
poor ones. Although these type of cases gain very much importance and reach the Supreme
Court but are thrown out later, resulting in consuming a lot of time of the courts.
These types of cases should be rejected by the courts right at the beginning without any
hesitation by organising an investigating team to look into this matter which would also save the
time of the Courts.
CONCLUSION
From this research project we came to know closely about the Indian Legal System and the
structure of the Indian Judiciary as well as we came to know of the problem faced by the Indian
Judiciary and also the negative effects of these problems.
The research project also lays down some ways in which the Indian Judiciary can improve its
functioning by the help of various Case Laws.
But the Indian Judiciary not only has negative points but has a positive major impact on the
world, although it has some negative points against it but still it is recognised among the efficient
Judiciary in the world handling the people of a country who have more than 125 million
populations. It is not an easy task.
The thing which we need to improve our system is just a bit more dedication and our country’s
judiciary would come in the top spot. By the help of this project the reader is able to know the
real face of Indian Judiciary, as it is necessary of every citizen of the country to have a
knowledge of the Law of the Land as well as the law system of his/her own country.
The research project highlights that both the collective effort of the Government and the people
would make the Judiciary better and it would take time because every good thing to take place
takes time.
BIBILOGRAPHY
These are the items which included articles, books, databases, various websites which have
helped me to make this project efficiently and accurately within a fixed period of time.
The contents include-

 NATURE OF THE INDIAN LEGAL SYESTEM, BY V.S. DESH PANDE

 http://www.thehindu.com/opinion/editorial/The-Supreme-Court%E2%80%99s-mundane-
burden/article14564571.ece

(THE HINDU EDITORIAL, YEAR OF PUBLISHING – 12 AUGUST 2016)THE

SUPREME COURT MUNDANE BURDEN

 http://dakshindia.org/state-of-the-indian-judiciary/18_chapter_07.html

(CHAPTER – 4 BUDGETING FOR THE JUDICIARY BY SURYA PRAKASH B.S.)

 http://indianexpress.com/article/opinion/columns/supreme-court-judges-appointment-
transparency-njac-case-indian-judiciary-3029876/

(ACCOUNTABILITY OF JUSTICE, YEAR OF PUBLISHING – 15 DECEMBER

2016)

 LAW AND JUSTICE: A LOOK AT THE ROLE AND PERFORMANCE OF

JUDICIARY ( PROF. N.R. MADHAVA MENON, NLU BANGLORE )

 INDIAN LEGAL SYSTEM: AN INTRODUCTION (TALWANT SINGH DHJS)