Indian Judicial system, just like our country has come a long way from a system that had many flaws set up during the British rule, to the modern day watchdog of both the ‘legislature’ as well as the ‘executive’ of India; a country which is predicted by many to become a economical powerhouse by 2030. In fact the “Wealth Report” published by Knight Frank & Citi Private Bank predicts that India will overtake China by 2050. Any country to have a booming market should have certain basic features. A legislature which can induce the faith of the investors through its policies, an executive in which the plague of corruption is contained to the maximum extent possible and a judiciary system to ensure both the legislature and the executive are doing what they are supposed to do.

Now here is the first question that pops up into the mind of a person who likes logic and reasoning behind a proposition, “Will this prediction become a reality considering the present socio economic problems and other factors hampering the growth of our economy?” Considering the rampant corruption and the inability of our system to tackle the same, India becoming a super power in 2050 will likely forever remain ‘a dream that never came true’, for our countrymen.

But all is not lost. There is still scope for change. A deep introspection into the various factors hampering our growth is needed. One such area that needs careful analysis is our Judiciary system. While the work done by the Judiciary in ensuring justice to the people who have been wronged deserves a standing ovation, it is not without its faults and weaknesses.

Problems:

• Judicial Backlog: Our courts have huge backlogs. According to the official website of NBAI, there are over 30 million cases pending in Indian courts. And considering the current statistics it could take anywhere between 350 to 400 years to clear the entire backlog.

•  Shortage of staff: The Law commission in its 120^th report recommended the increase of the strength of the judges from the current 10.5 to 50 judges per million. The current ratio is approximately 11 judges per million. The consequence? More backlogs and more delays.

• Heavy dependence on paper work:While the system of paper work has become redundant is almost every other field, the judiciary is still heavily dependent on the same. Even though e-filing of documents, maintaining a legal database etc have been introduced, its only safe to say that we have a long way to go in terms of introducing the modern day technology into the judicial system which can not only help in saving time but also ensuring reduction of errors to a huge extend.

•  Corruption: The judiciary is supposed to be the common man’s savior. It should keep a constant check on the arbitrary decisions of the authorities and settle disputes by upholding justice. But the judiciary itself has not been free from the plague of corruption. In November 2011 former Supreme Court Justice Ruma Pal, accused the higher judiciary for what she called as the seven sins. This included Plagiarism, Hypocrisy and Nepotism to name a few.

POSSIBLE SOLUTIONS:

• Strengthening the Alternate Dispute Resolution System:The current system of arbitration, conciliation etc has many flaws in them. If a strong system of ADRS with limited interference from the court is developed, then the burden on the courts will definitely be decrease to a large extend.

• Strong Lokpal Bill:A strong system of Ombudsman (the equivalent of Lokpal) has contributed a lot in making New Zealand one of the countries having the lowest perceived levels of corruption (as per the Corruption perception Index, 2012). Many experts believe a strong Lokpal bill can do what the system of Ombudsman has done for New Zealand. This will free up a lot of cases pending before the conventional courts.

• Appointment of sufficient staffs: No work can be carried out properly if there is a shortage of man power. Appoint sufficient judges. PERIOD! Passing of the Indian Judiciary Service Bill would be a good start in an effort to sort out this problem.

• Simplification of procedures: Efforts should be takes to ensure the complex procedures followed are simplified to the maximum extent possible. This would not only help in saving time but also ensure speedy disposal of cases.

                                          It is safe to conclude that a little effort on part of our Government can do wonders in rectifying some of the problems faced by our Judiciary today. The judiciary is the watchdog, the upholder of justice. It is the ultimate symbol of righteousness. If people lose faith in the judicial system, then what follows will be nothing short of chaos and complete disorder.