Judiciary, being one of the important pillars of Indian democracy, has a vital role to check and balance Executive and Legislative actions. When people lose all their hopes, it's judiciary who do justice to him, acting as a guardian of victim apart of being paren patriae (guardian) of Constitution of India. But nowadays this duty seems to be fenced in various hindrances.
One of the substantial reasons behind hindrance in access to justice is pendency of cases not only in Supreme Court or High court but also in lower judiciary. Apart from pendency of cases, other problems faced by Indian judiciary in delivering justice to a common man are- corruption, lack of connection between common man and judiciary, lack of transparency in judicial system, under trial of accused etc. The faith of common man in our judicial system was very low ab-initio (from the very beginning); but because of pendency of cases this faith is becoming diminished.
Justice which is considered as fundamental goal of any civilization, needed to pursuit of peace, harmony and progress. Miserably, Indian judiciary suffers various drawbacks and structural issues that prevent its proper functioning in delivering speedy justice. Access to speedy justice, wherever possible, is also fundamental right under article 21 of Indian Constitution, as held in landmark judgment of Lalit Kumar vs Union of India.
If we talk of today's situation of a court, it nearly took 20-30 years for a single case to move from Subordinate Court to High Court and lastly to Supreme Court. This considerable duration would involve generations of victim and accused, apart from draining enormous cost and frustration. Delivering justice after this long period would lose its literal meaning and would be of no celebration, further this shows inefficient and ineffective judicial system of our country. To overcome such encumbrances and provide speedy justice various parameters have been diagnosed as a cause of backlog of cases in court of justice and these are:
• Under funding for judicial infrastructures
• Low judge-people ratio
• Hurdles in appointment of judges
• Lack of understanding of law
• Filing of false cases
Actual implementation is much needed to overcome above mentioned hindrances then being discovered. Various proposals have been put forward to revive the reputation of honorable court of justice, some of which are:
Need to increase awareness among common man about basic rights and duties as well as of weapon named "Judiciary" which deliver justice as a byproduct.
Introduction of new mechanism as well as right, example: - PIL, RTI, RTE etc. Introduction of new mechanisms and rights are the sign of actively working judiciary which is much needed in today’s growing society.
one of the vital and mandatory to implement suggestion is increase in strength of judges. Government need to increase the number nearly to the double, then present numbers.
Alternate Dispute Resolution (ADR) or more courts such as Fast-track courts, Lok Adalat and Gram Panchayata. The first-ever implemented solution to tackle the backlog of cases was establishment of fast track Courts.
Much needed parameter- Infrastructures: even if there is sufficient appointment of judges, there is further need of allocation of separate chambers to them. To overcome this issue of lack of infrastructure judiciary need a separate fund allocation.
The last recommendation or to be more accurate a request to retired judges of Supreme Court or High Court to have sitting of evening bench. Such proposal is made because these retired judges will definitely have more experience than current working judges although prescribed working age could be a problem and that too in few cases.
There is no better way, to tackle hindrance, for government and judiciary to come on the same table and discuss such an important issue and draft a bill as per the need and consensus of each other.Further delay in delivering justice to someone should not be tolerated as injustice anywhere can become threat to justice everywhere, as per quotation of Martin Luther King Jr. Above all justice should merely not be done but also seems to be done.