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There are mixed opinions regarding the Indian judicial system. Some people see it as a beacon of hope, actively working to correct shortcomings and protect human rights. They believe that the judiciary is above any powerful individual or government. On the other hand, there are concerns about inefficiency and corruption in the courts. Delayed trials and unresolved disputes erode public trust in the legal system.
To address these issues, experts propose reforms like computerization, better case management, and alternative dispute resolution methods like lok adalats. These reforms have shown promising results in reducing the backlog of cases in the past. The significance of a trustworthy and efficient judiciary for a diverse and rapidly developing country like India.
To understand the role of the courts in India’s democracy, it’s important to understand the historical context during British rule and how the judiciary interacts with other branches of government in independent India. It also discusses the concept of public interest litigation, which is a form of judicial activism aimed at addressing government shortcomings. This form of activism has gained momentum in recent times.
Problematic Rule of Law in a Historical Perspective
There are various challenges faced by the judiciary in developing countries like India, especially during the colonial period. These challenges include poverty, lack of education, and social exclusion, which limit people’s access to the legal system. Additionally, poor infrastructure makes it difficult for the judiciary to reach rural areas.
During the British colonial rule in India, the judicial system had its problems. The courts were often used to harass people rather than providing fair resolutions to disputes. Corruption was widespread, and legal cases would drag on for long periods, creating opportunities for bribery. Enforcement of court rulings was not reliable.
Some historians argue that the inefficiency of the judicial system during colonial rule was a result of the colonial power’s approach. The East India Company did not establish a strong enough judicial infrastructure to enforce its rulings effectively. The focus was more on controlling the country than introducing fair and liberal standards of rule of law. There were conflicts between the economic interests of the British, who wanted market-friendly legislation, and their political interests in maintaining a system of personal law.
Even in the 19th century, efforts to improve the legal system were slow and inadequate. The decisions made by the colonial power were influenced by complex power arrangements and informal alliances involving the colonial bureaucracy, local landlords, urban traders, and later, local industrialists.
The Courts and the Political System
After gaining independence from British rule, At first there was hope that the rule of law and equal rights would be established, but over time, disillusionment set in due to certain challenges.
Initially, some believed that the concept of the rule of law might be foreign to Indian tradition, but historical figures like Gandhi, Jinnah, Nehru, and Ambedkar played significant roles in using constitutional law to fight for independence. The Indian legal system is now considered an indigenous institution and not just a leftover from colonial times.
However, the Indian constitution does have some ambiguities. It protects traditional social structures and privileges while aiming for societal transformation. Reforms intended to help the oppressed often face implementation challenges, and there is still a significant