Wednesday 22 June 2016

THE DEFICIENCY IN JUDICIARY

Our poor judicial system is in a critical situation, suffering from acute deficiency of judges and damaging the legal system .Billions of cases are still in hand and deprived of justice. The lack of judges in Indian judiciary is the challenge on the face of government to provide fast track courts and rapid justice. Judiciary is the backbone of our society and to make it strong the deficiency is need to be cured urgently.
The CJI TS Thakur expressed his concern in April,2016 and  appealed to Prime Minister for the shortage of judges and The PM gave a politician's lame excuse, that his government "will look into it (vacancies) seriously and try to solve this" in a closed-door meeting. Why a closed-door meeting? CJI said  that access to justice was a fundamental right and governments cannot afford to deny it to the people.He asked for 70,000 more judges to clear off the pending cases “While we (judiciary) remain keen to ensure that judges’ appointments are made quickly, the machinery involved with the appointment of judges continues to grind very slowly. The confidence of people on the judiciary has, over the years, multiplied. Over three crore cases are pending in various courts across the country ,” said CJI Thakur while speaking on the opening day of the centennial celebration of the Odisha High Court at Cuttack.He said around 170 proposals for appointment of high court judges were now pending with the government. CJI Thakur said shortage of judges was one of the formidable challenges faced now. Of some 900 sanctioned posts of judges in different high courts of the country, there are over 450 vacancies, which need to be filled up immediately. He said while the Law Commission of India in 1987 had suggested having 44,000 judges to effectively tackle the then number of pending cases, the country today has only 18,000 judges.

 The judiciary which is supposed to wipe tears of victims of injustice was today broken into tears while looking at the situation of poor legal system.CJI Thakur was weeping while expressing his grief for helplessness of judiciary in facing this challenge. But weep not dear CJI the lack of judges is no doubt  a very pressing issue that the state need to look into but it cannot be the only cause for pendency of cases. Increasing the number of judges alone is not the remedy for this problem and not the only cause for the listlessness with which court proceed. Organizations conducting studies on the performance of the judiciary in the country and luminaries from the legal field have talked about various reasons for the sorry state of the legal system in India. Incompetent judges, rampant malpractices, decreasing quality of legal education, unethical lawyers are some of the most important reasons that are bogging down the third pillar of our democracy.

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