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Indian Judiciary suffers from delaying of the justice only it has been filled with numerous cases, the number of judges at various levels are very limited , government has recourses to appoint new judges but these resources are mostly used for the protection of corrupt politicians while providing them with different level of law enforcing officials, the common man suffers as he is unable to get justice in time & hence is denied the constitutional right provided to him of getting justice in time. What should be done in such a case of delayed justice? Engage arbitration for all sort of civil matters where the mutually agreed arbitrator who will settle the civil dispute between the parties & pass an order that can be presented in the courts for ratification or getting a legal stamp on it. Avoid indulging in legal disputes on small matters as I see many people here in yahoo ask about going to consumer forum for small matters relating to defective piece of equipment of few bucks purchased by the or deficiency in service amounting to very minimum amount, in such cases a mutual settlement with the shopkeeper or service provider on even smaller amount should be made rather filling the consumer forums with such matters where the issue take many months & even years to settle which means wastage of money & time. Dispute relating to matrimonial issues are the biggest civil matters which have filled the courts, any couple who is unable to reconcile with their matrimonial life should try to take counseling from proper marriage counselors who have proper legal knowledge rather then going to courts & filling all sort of true or false cases both civil & criminal that not only burden the courts with such matter but the couples suffer both monitory & time lose attending these matters for years together. Incase they find the going together won't be possible even after the, marriage counseling then the best course for them is to break this matrimonial tie through divorce by mutual consent which is a no fault manner of divorce that takes hardly 6 to 10 months to decide in two - three hearing only, along with they can settle the permanent maintenance/alimony issue mutually & also the custody of the children which they can bring to the notice of the family court which will put its stamp on it. These are few of the simple ways how one can bring down the burden of cases in the courts & then the question of justice delayed won't be an issue for the judiciary in India.

2007-07-19 22:35:27 · answer #1 · answered by vijay m Indian Lawyer 7 · 2 0

I feel that delay in rendering justice is less connected with transparency in judiciary. But if the delay is reduced, definitely a lot of transparency can be expected from other sectors. Justice delayed is justice denied is the saying.

A main reason is that our justice delivery system, which is based on English, which is adversarial one. This is fuelled by the population, and the innumerous legislations and their amendments.

One of the well known reasons for the delay is large number of cases filed in various courts and the less number of courts and judges.

Another reason is that the procedural wrangles in filing, disposing cases, their execution, appeals etc. A good step in this direction was done by amending CPC in 1999 & 2002. Another good piece of legislation is Arbitration and conciliation Act 1996 which encourages alternative disputes redressal mechanism. Lok Adalats are another reprive.

2007-07-19 22:15:22 · answer #2 · answered by murali k 3 · 0 0

We should bring amendments to the penal code, constitution, protocols, and the basic ethos of the judiciary...
In addition the government should establish about one and a half times more of numbers of courts in India… then only the judges would be able to speedup the process of justice and resolve the cases earlier…

2007-07-19 03:08:47 · answer #3 · answered by Harish Jharia 7 · 0 0

change the goal post instead.let's change it to jury system as is being followed by most of the developed countries including USA. And we can have our sherrif eqiuvalent , the SHO,elected representative.

2007-07-19 07:27:47 · answer #4 · answered by Anonymous · 0 0

though u r correct. but it failed to curtail dowry system in India, so also caste system in rural India.

2007-07-19 03:32:59 · answer #5 · answered by mohan rao kotari k 2 · 0 0

by arranging more and more lok adalat

2007-07-19 04:22:54 · answer #6 · answered by Anonymous · 0 0

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