What Are The Weaknesses Of Indian Judiciary?

by | Last updated on January 24, 2024

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  • The pendency of cases.
  • Corruption.
  • Lack of transparency (particularly in the appointment of judges).
  • Under trials of the accused.
  • Lack of information and interaction among people and courts.

What are the problems facing the judiciary?

  • Corruption. …
  • Backlog Of Pending Cases. …
  • Personnel Problems. …
  • Opposition To Judicial Independence. …
  • Inadequate Court Buildings. …
  • Conflict Of Interests During Cases Or Disciplinary Proceedings Within The Judiciary. …
  • Flouting Of Court Order. …
  • Low Input Of Computer Technology.

What are the problems in Indian judiciary?

The Indian judicial system is plagued with

problems of delay and backlog

. Currently, 3.5 crore cases are pending across the country’s high courts and district courts. The long-term consequence of such high pendency is an erosion of faith in the institution of the judiciary.

What is a weakness of judicial review?

Yet the relative weakness of judicial review will depend on a variety of factors, including the availability of formal mechanisms for legislative override or limiting courts’ jurisdiction, the difficulty of constitutional amendment,

the scope of judicial review both in first- and second-look cases

, and the actual …

How can we improve Indian judicial system?

  1. Improve District Courts.
  2. Increase judicial capacity.
  3. Court management.
  4. Case management.
  5. Infrastructure.
  6. Faster trail.
  7. Merit appointment.
  8. Better investigation.

Why Indian judiciary is so slow?


The inadequate number of judges as well as courts in

the country is one of the primary causes of delayed disposal of cases. In the year 2000, unlike 107 judges to every million in the US, 75 in Canada, India only had 10.5 per million people. Incompetent and inefficient judges is another such reason.

What is Indian judiciary system?

The Indian judicial system is

a single integrated system

. The Constitution of India divides the Indian judiciary into superior judiciary (the Supreme Court and the High Courts) and the subordinate judiciary (the lower courts under the control of the High Courts). … There are twenty-four High Courts in the country.

What are functions of judiciary?

The principal role of the judiciary is

to protect rule of law and ensure supremacy of law

. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.

What is the judicial branch also called?

The judiciary (also known as

the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system

) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

How can judiciary be independent?

For the judiciary to be independent and impartial to serve the constitutional goals,

the Judges need to act fairly, reasonably, free of any fear and favor

. The judiciary stands between the citizen and the State as a rampart against misuse or abuse of power by the executive.

How important is judicial review?

Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it

protects civil rights and liberties by striking down laws that violate the Constitution

.

What are examples of judicial review?

Examples of Judicial Review in Practice

Roe v. Wade (1973): The Supreme Court ruled that state laws prohibiting abortion were unconstitutional. The Court held that a woman’s right to an abortion fell within the right to privacy as protected by the Fourteenth Amendment.

The Court’s ruling affected the laws of 46 states.

What are the arguments for judicial review?

The writtenness of a constitution creates a ready-made argument in favor of judicial review, namely that

the constitutional text sets the standard against which the constitutionality of governmental action must be measured, and that any governmental action to the contrary is invalid

.

How can we improve the judicial system?

  1. To increase the strength of the judiciary: …
  2. To keep courts open throughout the year: …
  3. Proper modernization of courts: …
  4. Introduction of fast track courts: …
  5. To do away with the archaic laws: …
  6. Non-acceptance of flippant cases:

Why do we need the judicial system?

The objective of the judicial system is

to ensure the rule of law and legal security for individuals

. … The justice system, as well as legislation, needs to be adapted to the changing social conditions. For the Government, it is crucial that more crimes are prevented and more crimes are solved.

Who is father of judicial reforms in India?


(Dr) N.R. Madhava Menon

. The birth anniversary of Prof. (Dr) Neelakanta Ramakrishna Madhava Menon, the father of modern legal education in India and the architect of the five-year integrated LL.

Amira Khan
Author
Amira Khan
Amira Khan is a philosopher and scholar of religion with a Ph.D. in philosophy and theology. Amira's expertise includes the history of philosophy and religion, ethics, and the philosophy of science. She is passionate about helping readers navigate complex philosophical and religious concepts in a clear and accessible way.