essay on justice in india

10 Thoughts on Law and Justice in India

The indian legal profession.

Earlier this year, the Harvard Law Review celebrated its bicentennial with a special issue in which the law school’s dean wrote, “Some call this a time of crisis in legal education; others emphasize a time of innovation and renewal. … Most law schools straddle theory and practice and also straddle service to the haves, who pay lawyers’ bills, and the have-nots, who often bear the weight of laws without influence to shape them.” The dean at the time might as well have been speaking of the Indian legal system. In this age of globalization, the fastest of all ages over the centuries, we are all obsessed with time. We don’t have time for this or time for that. But as our national poet Rabindranath Tagore says in one of the verses in his great poem “Gitanjali,” “The butterfly counts not months but moments, and has time enough.” So, if you permit me, I will adopt the butterfly approach, flitting from point to point.

In this age of globalization, the fastest of all ages over the centuries, we are all obsessed with time. We don’t have time for this or time for that. But as our national poet Rabindranath Tagore says, “The butterfly counts not months but moments, and has time enough.”

• The Indian system of justice is British and so adversarial, unfriendly to all the traces of rustic dispute mechanism that had originally taken root in Bharat or Hindustan.
• The legal system under India’s constitution has everything to do with language—the English language. It is inextricably linked to it. Both were originally imported from abroad, but what was an English oak has become, over the years, a large sprawling banyan tree whose serial roots have descended to the ground to become new trunks. Some of these new trunks are alternative methods of dispute resolution like Lok Adalats and other indigenous species of alternative dispute resolution.
• Our constitution is founded on the rule of law, and the rule of law embodies a principle of institutional morality, a principle which suggests feasible limits on power to restrain abuses which occur even in the most compassionate administration of the law. But I like that definition in the rule of law which is the briefest, namely, the rule of law is also the rule of the good law; a law which a court can—that’s my belief—if warranted, characterize as abhorrent, grossly unfair, totally unjust; a law which in the hands of a skilled judge can be validly invalidated under the broad parameters of our constitution (Article 14, the equality clause).
• With regard to punishment, our criminal laws are outdated; not in tune with the times. Previous attempts at reform by introducing forms of punishments like community service, compensation to victims, public censure, and disqualification from holding office had all been proposed, but they were all rejected by India’s Parliament. I believe the time has come when they must be reintroduced.
• We have not developed an ideal crime-control model simply because, under our adversarial system, we insist on the search for proof rather than the search for truth. Relentless pursuit of truth is not yet a prescribed standard for criminal trials. Criminal courts function as places where evidence does get recorded, but not where the search for truth is pursued. And the crafty, especially those who are wealthy, know how to manipulate police investigations and suborn witnesses.
• I believe that in India, the crying need of the hour, both in civil and criminal trials, is what Lord Templeman used to call “robust judging.” A good trial judge needs to have a third ear to hear not only what is said but have the mental agility to comprehend what is not said as well.
• In India, judges are far too few and lawyers far too many. Professor Marc Galanter, on his last visit to India a while ago, told us the then-favorite joke in the United States: What do you say to 50,000 lawyers being dropped to the bottom of the deepest ocean? And the answer is: Well, that’s a good beginning.
• A couple of years ago the Oxford University Press published a perceptive analysis of the legal profession in the United States and its shortcomings. One of the chapters which I liked best had an unconventional heading. It read: “Too much law, too little justice, too much rhetoric, too little reform.” This sums up the current position in India.
• This is a point with a silver lining. Over the years, the lawyer in India has shown his true mettle. He is at his best when the going is rough. Lord Atkin once said that an impartial administration of the law is like oxygen in the air—people know and care little about it until it gets withdrawn. In India, the lawyer strives to see that the oxygen is not withdrawn, even when times are bad, as they were during the days of the internal emergency of June 1975. The majority of those who stood up then and were counted, I am proud to say, were the country’s practicing lawyers. They, and many NGOs, are now crusading under varying forms of injustice and exploitation, assisting in promoting change and development in favor of the poor and the deprived, particularly through an expedient known as PIL, or public interest litigation—an indigenous technique developed by India’s judges with the active assistance of the legal profession.
• There are, of course, problem areas in our courts. We need more judges pushing more cases to a speedier resolution of the dispute at hand. What is required in many cases is not prolonged arguments, and not even long judgments, but primarily solutions. At the highest level, we do strive to see that justice gets done but not always successfully.

A good trial judge needs to have a third ear to hear not only what is said but have the mental agility to comprehend what is not said as well.

Let me close with my favorite story of how truly difficult the business of judging is. Sir Owen Dixon was Australia’s chief justice for more than two decades, and he sat in its high court—the court of final appellate jurisdiction. A lady sitting next to him at a dinner party was greatly enthused with the prospect of his dispensing justice. She leaned towards him and said, clapping her hands with joy, “How splendid!” Dixon’s response was stern, almost unfriendly. “Madam,” he said, “I have nothing to do with justice. I sit on a court of appeal where none of the facts are known. One-third of the facts are excluded by the frailty of memory, one-third by the negligence of the legal profession, and the remaining one-third by the archaic laws of evidence.”

Fali S. Nariman is a Senior Advocate of the Supreme Court of India and President Emeritus of the Bar Association of India. He was Additional Solicitor General of India from May 1972 to June 1975 and was a President-appointee member of the Rajya Sabha between 1999 and 2005.

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Essay on Role of Judiciary in the Country for Students and Children

500 words essay on role of judiciary in the country today.

Any judiciary is an integral part of a country, especially democracy . As India is the largest democracy, we have a big judiciary which makes sure it safeguards the interests of its citizens. Similarly, our Supreme Court is at the top of our judiciary system. It is then followed by our high courts which operate at the state level. Further, there are district courts operating at the district level. There are also many more courts below this order. A judiciary has many roles to play.

Role of Judiciary in India

As a judiciary is independent of the executive, it can easily safeguard the rights of the citizen to ensure peace and harmony. However, its role is not just limited to this. It plays different roles to make sure there is smooth functioning in the country.

Firstly, it plays a great role in making new laws. Judiciary is the rightful interpreter of our constitution as well as the current laws. It has the power to create new laws as well as overrule policies that might violate our constitution.

Furthermore, the judiciary also prevents any form of violation of the law. Similarly, it files a lawsuit against the person found guilty of doing the same. After that, a judge passes his verdict after listening to both parties closely and announces the judgment accordingly.

Moreover, it also acts as an advisory body. It happens more than often that the executive or legislature seeks help from the judiciary to clarify issues regarding the constitution.

Moreover, the judiciary decides upon the constitutional questions. For instance, if there is a dispute between states, they are brought to the Supreme Court where it decides how to interpret the constitution on the basis of the on-going dispute. In addition, it also looks after the administrating bit. Like it is responsible for appointing officers, maintaining records, administrating staff and more.

Most importantly, the judiciary is the protector of fundamental rights of the citizens. Everyone has the right to fundamental rights; however, sometimes people try to take them away. Thus, the judiciary ensures no such thing happens and lets every citizen live with harmony.

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Importance in Today’s Scenario

A judiciary is very crucial in upholding a democracy like ours. As we all know, cases of injustice against people have risen nowadays. There is unjust discrimination happening and the judiciary must step in to stop all this.

Therefore, it becomes important more than ever to help people feel safe within their own country and homes. Judiciary checks and balances the ones who have power. This helps in preventing people from misusing that power.

In short, in today’s scenario of our country where crimes are happening rapidly, people turn to the judiciary for justice . Thus, we see how it is so very important that judiciary remains just and empowered in the times of darkness. Sometimes, it remains the single ray of hope for people, which is why it is needed more than ever now.

FAQs on Role of Judiciary in the Country Today

Q.1 What is the role of the judiciary in the country today?

A.1 The judiciary plays a major role in a democracy. It safeguards the fundamental rights of the people. Further, it makes new laws and ensures to punish anyone violating these laws. It also administers and appoints officers.

Q.2 Why is the judiciary important in the country today?

A.2 The judiciary is more important than ever now because injustice against people has risen to a great extent in our country. We need it to monitor the people and punish them for their crimes so everyone feels safe and included.

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Introduction

The Indian Judicial system, as we know today incorporates the Supreme Court, high courts, and various other subordinate judiciaries. It began functioning on January 28, 1950. Since then, our judicial system has been able to prove itself as the nation’s moral conscience, upholding the rights of all citizens irrespective of their class, gender, status, religion, and on several occasions, it has also saved the democratically established government itself. Even though our nation’s judiciary has achieved remarkable feats in a span of just 70 years, a gap between ideal and reality is becoming wider and clearer over the years. Slow delivery of justice, the appointment of judges enmeshed in controversies, ineffective disciplinary mechanisms are some of the major problems our justice system is facing. The question of delay in the administration of justice has been addressed in the past, but even now there has been no considerable change. And the ironic thing is that today in all the other avenues of this modern civilization, speed and efficiency are of great significance. “Delayed Justice, if Justice at all” has become the basic premise of the Indian Judicial system. There are almost 25 million pending cases all over the country and according to experts these numbers are likely to grow with the growing population unless and until something is done to tackle this. The objective of this article is to identify and study the gridlocks leading to such delay and inefficiency and to suggest effective measures to correct them.

The ineffectiveness of the Indian justice system has been in existence since the beginning of the 20th century, and many committees have been constituted to correct it. In 1924, a committee was constituted under Justice Rankin of the Calcutta High Court to cautiously look over the delay in the disposal of civil appeals and cases. Another committee under the chairmanship of S.R. Das was constituted in 1929, which suggested measures to reduce the arrears in the various courts of the country. But the result of all these committees had proved to be futile as the measures suggested by them were neither discussed nor implemented in the system. A report submitted by the High Court Arrears Committee, 1972 under the chairmanship of J.C. Shah identified the major cause of the delay in judicial administration as the lower number of judges in the High Courts as well as inordinate delay in vacancy appointments. Even various law commission reports such as the 14th, 27th, 41st, 54th, 58th, 71st, 74th, 79th, and 144th reports have several times posed the question of delay in the Indian Judicial System. Justice P.N. Bhagwati, in his Law Day speech in 1985 addressed the concerns about the judicial system and said that it is presently suffering from an ailment and is on the verge of collapse. So, not only the present generation, but also the past several generations have been suffering from the pace and inefficiencies of the adjudicating authority.

The Blind Spot: Criminal Justice

The criminal justice system has been revamped by hundreds of thousands of pending cases and is also skewed against the poor or unprivileged section of the society. Even though justice is served it still takes several years which highlights the deficiencies of the adjudicating authority. The Constitution of India grants every citizen certain fundamental rights, the breach of which may lead to legal consequences, but still, there are thousands of rape cases are never investigated, because of the belief that court may take 8-10 years to decide the matter. This is the ongoing condition of the Indian Judiciary. For example in the Nirbhaya Rape Case, even after the whole nation knew that those six people were guilty of rape and needed to be punished it still took the court 8 precious years of the victim’s mother’s life to decide whether they are guilty or not. The Mohammad Harris Nalapad Case in Bengaluru took into consideration the fact that charge sheets are never filed within the stipulated 60-day period. Evidence has also been tampered with in several cases due to political pressure or sometimes due to callousness.

Major Obstacles and Deadlocks

It is unfortunate that despite the Indian judiciary’s many successes, it is suffering from several structural problems, that hamper its effective and efficient administration of justice. Unlike in the past, this structural mess can be understood and analysed in a better way in present times, due to better availability of data. There are numerous causes behind the law’s delay and ineffectiveness. The inadequate number of judges as well as courts in the country is one of the primary causes of delayed disposal of cases. In the year 2000, unlike 107 judges to every million in the US, 75 in Canada, India only had 10.5 per million people. Incompetent and inefficient judges is another such reason. In Indian courts, it can be easily seen that there is a habit of taking adjournments by the majority of the lawyers for their own benefit. This is one of the big reasons for such a huge number of pending cases in India. The legal costs and all the expenses that a person has to incur to commence a legal action, even for a small claim, is so heavy that it becomes worthwhile to claim any legal action possible. The procedure and formalities are so complex and full of technicalities that it hinders the litigants at every stage. A lot of time is wasted on jurisdictional arguments, sufficiency of notices, causes of action, and other procedural issues. And even after the court of law has given the initial judgments, the number of counter appeals in higher courts is also one of the reasons for delay in imparting justice.

There are other reasons for the ineffectiveness in the working of our judiciary like many supreme court and high court judges being made to study various commission reports and recommendations which in turn hamper the working of our courts. Political affiliations and sluggish tactics committed by judges also defeat the true essence of the justice system. One of the biggest reasons for the delay in our courts is our country’s diverse culture, language, religious sentiments, customs and practices which pose an unsettling issue in front of our courts i.e. whenever a matter is addressed before a court of law, the rule to be applied is capable of hundreds and thousands of interpretations which prevents the judge making a straightforward and quick decision in not so complicated matters.

Suggestive Measures for the Way Ahead

The necessary changes cannot be brought in one day, but surely they will come if we strive for them. Despite many loopholes and deadlocks, a change needs to take place to reform the justice system in India. There can be various measures to affect this change.

The number of judges should be increased in the High Court as well as the Supreme court. Although we have highly qualified judges, their strength has failed to administer justice. As discussed earlier, we are far behind in the appointment of judges as compared to other developed nations, which is the main reason for inefficiency and ineffectiveness.

A Fast Track Court should be set up and also there is an urgent need to increase in the number of tribunals, judicial and quasi-judicial bodies. Each tribunal must be categorized according to the specialization of its judges which reduces the burden of the courts.

Red tape or the inordinate delay due to paperwork creates a gap between the sections of the society. This must be replaced by the technological infrastructure e.g. e-filing of cases, e- returns, and the files pertinent to the case must be stored online, which will lead to a speedy disposal of cases.

A major shift needs to made from adjourning authority to adjudicating authority and advocates who seek delay excessively must be condemned severely.

People should be made aware of the Alternative Dispute Resolution systems like mediation, arbitration, conciliation, etc. which ensure speedy justice to trivial cases and screening of matters that require court assistance.

Justice is a foundational goal of any civilization. Thus, it is imperative for the judicial system to perform its duty with due diligence so that society can strive for peace, harmony and progress. Article 39A of the Indian constitution shines a light upon the concept of free legal aid to poor and weaker sections of society, but keeping the present state in mind, it has failed to achieve significance. The judges are considered equivalent to god, hence it their duty to ensure that no guilty person escapes unpunished. Since our independence, we have suffered a lot due to the excruciating slow pace, but now is the time when reformations must be done in the Indian Justice System. “Justice delayed is justice denied” should be a major aim of every adjudicating authority. If this is not so, then how much we develop economically or technologically doesn’t matter because we will never be a developed nation.

Akshat Jaithlia is a first year student at Rajiv Gandhi National University of Law in Patiala, India.

Aayush Maheshwari is a first year student at Rajiv Gandhi National University of Law in Patiala, India.

Suggested citation: Akshat Jaithlia and Aayush Maheshwari, The Agonizing Pace of the Indian Judiciary, May 14, 2020, https://www.jurist.org/commentary/2020/05/jaithlia-maheshwari-indian-judiciary-pace/

This article was prepared for publication by Tim Zubizarreta , JURIST’s Managing Editor. Please direct any questions or comments to him at [email protected]

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Essay on Judiciary in India and its working

October 18, 2019 by Sandeep

600+ Words Essay on Judiciary in India

The Indian constitution consists of the legislature, executive and the judiciary. The legislature department is involved in preparing policies and law-making concerns. The executive is involved in implementing the laws created by the legislature body.

The judiciary is an independent department not attached with the legislature or the executive. It is an independent judicial body that is vested with judicial powers and can carry on its judicial activities without direct interference from the government.

Judicial activism in Indian democracy

The judiciary in many ways is closest to the citizens or the nation. The many functions of the judiciary ensure legal protection to the citizens of the country.

If we were to settle a family dispute and go to court seeking relief, we would be advised to apply a case and the proceedings of the court would be held at the respective family courts. Thus, the judiciary ensures fair legal protection to every citizen of this nation.

The judiciary carries out many functions under its umbrella. Every citizen is provided with equal and fair justice under law. Whenever a citizen seeks protection under law, he is ensured such protection under relevant laws of the Indian judicial system. Laws are created by the legislature, executed by the executive and applied by the judiciary.

It is like the father creating the rules of the house, the mother creating suitable environment for its execution and the children applying the rules in their lives. Any country needs a legal framework within which it can operate and make decisions for the country. This legal framework and binding is actually curated by the judiciary to uphold the legal decorum of any nation.

Any violation of the fundamental rights of citizens of the country is acted upon seriously by the judicial system. Every citizen is entitled to certain basic rights termed the fundamental rights under our constitution. The constitution needs protection under law and this is taken care of, by our judicial system. Legal decisions pertaining to every single case is taken by respective judges of courts.

Every such legal decision is brought into enforcement by our judiciary. There are numerous times when we find disputes arising between states, termed inter-state conflicts. The judiciary resolves such inter-state disputes and comes up with an amicable resolution to put an end to such conflicts before they take on political colors.

The water dispute arising every year between Karnataka and Tamil Nadu regarding the sharing of Cauvery waters is a good example in this regard. The case is pending in the Supreme Court and the judiciary is trusted to solve such issues amicably to bring in peace and harmony between the two warring states.

Not just interstate disputes, any conflict that may arise between the centre and the state is also solved by the judiciary. Whenever there is any problem in the country where the legal framework gets violated or people act against the legal system of the country, it attracts punishment under various sections of the constitution.

Any such crimes or anti social elements acting against the dignity of our judicial system and the country as a whole is treated as offence and tried under law. Enquiry commissions headed by expert panels of senior lawmakers and judges are usually formed in cases of dispute resolutions.

The enquiry commissions submit a relevant report to the government to let them know of the impending situation and the previous activities thus ensued, thus revoking further action by the government.

Collegium system

This system is also called the judges’ selection system by a panel of judges. The collegium system actually has no mention or place in the Indian constitution. It was not even placed under any amended section of our constitution. This system came into force, thanks to a judgment pronounced by the Supreme Court in the year 1993.

The functions of the collegiums system include identifying most eligible members for posting them as suitable judges of the Supreme Court. This selection and scrutinizing is carried out by the so called ‘collegium system’. It comprises of a body of five senior judges of the Apex court, who are instructed and directed by the CJI to carry on the task successfully.

Many chief justices of high courts are handpicked in a similar manner to be promoted to the Supreme Court after the above explained scrutiny process.

Famous controversies associated with our judiciary

‘master of roster’ controversy.

Suppose there lies a family dispute between two parties ‘A’ and ‘B’ that has not reached the court doors as yet. Let us also assume that both the parties trust a mutual friend ‘C’ who will now be entrusted with the task of solving the matter between A and B. C is like a neutral friend to both A and B. In case C newly discovers that he is a close relative of A, then he might choose to act more favorably towards A.

He might also not blame A in any way in the controversy between A and B and hold B responsible for the dispute and create an imbalanced decision holding B at fault. This selection of the culprit was not at all fair and does not warranty fair execution of laws under our system either. The master of roster controversy can be understood in a similar light.

In April 2018, Shanti Bhushan who happens to be a former law minister questioned the current practice in our legal system where the Chief Justice decides the allocation of various cases available. He extended a PIL in this respect and spoke against the wholesome powers resting with the chief Justice when he decided to allocate a particular case to a particular judge / bench of judges.

It was not to be seen as a personal attack against any particular Chief Justice of India (CJI), either in the past or the present, but he only questioned the arbitrary power associated with the CJI in deciding the allocation. Any bench comprising of judges chosen by the CJI could be politically influenced or could take on personal interests and thus may not uphold the sanctity of justice as laid down in the constitution.

The CJI could actually consult top brass and senior judges of the Supreme court and then decide on the allocation was the argument that could be understood from this controversy.

Differences between Chief Justice and senior Supreme Court judges

There have been numerous times when the selection of judges for higher courts have become a matter of controversy for the judiciary. The recent one in January 2018 that comprised CJI Dipak Misra and four senior most judges of the Supreme Court is a good example.

The four senior judges raised the issue of assigning cases to supreme courts, among many other issues against the CJI. This matter was discussed between the Supreme Court and the judges in the court for more than fifteen minutes and the CJI led body failed to come up with a resolution stating that it would entertain the issue only when the apex court registry comes up with a suitable petition for the same.

The judiciary of our nation works to provide citizens the much needed civil liberty and highest protection under law. It is the legal framework of the nation, applied by the judiciary that provides every citizen of the country his right to live with dignity.

Be it property disputes, disputes of succession, registration of will, marriage and divorce issues, higher level cases that affect a larger part of the nation etc, the judiciary is the legal umbrella of the nation.

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Essay on Indian Judicial System

Students are often asked to write an essay on Indian Judicial System in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Indian Judicial System

Introduction.

The Indian Judicial System is a part of the world’s largest democracy, India. It ensures justice, equality and protects people’s rights.

The system includes the Supreme Court, High Courts, and Lower Courts. The Supreme Court is the highest authority, followed by High Courts in states, and Lower Courts at district levels.

Their key role is to interpret and apply laws, resolve disputes, and punish law-breakers. They also protect citizens’ fundamental rights.

Despite its importance, the system faces issues like delays in cases, corruption, and lack of resources.

Reforms are needed to enhance its efficiency and ensure justice for all.

250 Words Essay on Indian Judicial System

The Indian Judicial System, a part of the world’s largest democracy, plays a pivotal role in maintaining the social, economic, and political equilibrium. It bears the crucial responsibility of delivering justice, safeguarding rights, and interpreting the Constitution.

Structure of the Indian Judiciary

The Indian Judiciary, hierarchical in nature, comprises the Supreme Court at the apex, followed by High Courts, District Courts, and subordinate courts at the grassroots level. This pyramidal structure enables efficient administration of justice.

Independence of Judiciary

The Indian Constitution ensures the independence of the judiciary. Judges are appointed, not elected, and their tenure is secure, which insulates them from external influences and political pressures.

Public Interest Litigation (PIL)

The Indian Judiciary has revolutionized the concept of justice delivery through the introduction of Public Interest Litigation (PIL). It has democratized access to justice, enabling any individual or organization to file a lawsuit on behalf of those whose rights are violated.

Challenges and Reforms

Despite its strengths, the system faces challenges such as backlog of cases, procedural complexities, and limited resources. To address these, reforms like the introduction of e-courts, fast track courts, and alternative dispute resolution mechanisms are being implemented.

The Indian Judicial System, while robust, is continually evolving to meet the changing societal needs. It remains a cornerstone of Indian democracy, striving towards the ideal of ‘Justice for All’.

500 Words Essay on Indian Judicial System

The Indian Judicial System, a part of the world’s largest democracy, is a legacy of the British legal system, which India continued post-independence. It is marked by its complexity and diversity owing to the vastness of the Indian constitution, the federal structure, and the common law system inherited from the British.

Structure of Indian Judiciary

The Indian judicial system is a hierarchical structure at the apex of which is the Supreme Court. Below the Supreme Court, there are High Courts at the state level, followed by District Courts at the district level, and finally, the subordinate courts. The Supreme Court, being the highest court of appeal, is the ultimate interpreter of the constitution and the arbiter of constitutional disputes.

Role of Judiciary in India

The judiciary plays a crucial role in maintaining the rule of law and ensuring justice is accessible to all. It acts as the guardian of the constitution, protecting the fundamental rights of citizens and upholding the principles of justice, equality, and liberty.

Strengths of Indian Judiciary

The Indian judiciary has many strengths. It is independent and has the power of judicial review, enabling it to nullify any law that it finds unconstitutional. It has been proactive in interpreting laws to ensure justice, often stepping in to protect the rights of the marginalized. Landmark judgments, such as the recognition of the Right to Privacy as a fundamental right, are a testament to its progressive stance.

Challenges Faced by the Indian Judiciary

Despite its strengths, the Indian judicial system faces significant challenges. Pendency of cases is a major issue, with millions of cases pending across various courts. This delay in justice delivery often leads to denial of justice. Further, the system is grappling with issues of accessibility, affordability, and lack of transparency. Judicial corruption is another concern that undermines public trust in the system.

Reforms Needed

Addressing these challenges requires comprehensive judicial reforms. Technological interventions, like digitization of court proceedings, can expedite case disposal and improve transparency. The appointment process of judges needs to be more transparent and accountable. Legal aid services should be strengthened to make justice accessible to all. Lastly, judicial ethics need to be reinforced to tackle corruption.

The Indian Judicial System, with its robust structure and progressive approach, plays a pivotal role in upholding the rule of law and protecting citizens’ rights. However, the challenges it faces call for urgent reforms. By addressing these issues, the Indian judiciary can become more efficient, transparent, and truly serve as the beacon of justice in the world’s largest democracy.

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Criminal Justice System in India

The aim of the Criminal Justice System is to punish the guilty and protect the innocent. Although the broad contours of the Criminal justice system are seldom codified, these can be inferred from different statutes, including the Constitution and judicial pronouncements. In a democratic civilized society, the Criminal Justice System is expected to provide the maximum sense of security to the people at large by dealing with crimes and criminals effectively, quickly and legally. 

More specifically, the aim is to reduce the level of criminality in society by ensuring maximum detection of reported crimes, conviction of the accused persons without delay, awarding appropriate punishments to the convicted to meet the ends of justice and to prevent recidivism.

In this article, we shall be discussing the history and evolution of the system, the institutions, along with various perspectives of the constitutional aspect of rights of citizens, efforts for reforms, and delivery of justice.

Further, this article covers other important dimensions, keeping in mind the demands of the preliminary as well as the main examination of the UPSC IAS Exam .

Why in News

In the recent past, the supreme court,  taking note of the unprecedented surge in COVID-19 cases, moved to decongest prisons and ordered the immediate release of prisoners who were granted bail or parole in the past year. 

Therefore, the Criminal Justice System of a country does not operate in isolation, rather in close coordination among various institutions, law enforcing agencies, the government following the procedures along the judiciary.

Indian Criminal Justice System – Constitutional Provision

Criminal law, including all matters included in the  Indian Penal Code, Criminal procedure, including all matters included in the Code of Criminal Procedure feature under the concurrent list of the 7th Schedule as entries-1, and 2 respectively.

Certain exceptions are also provided under these two provisions(Entry-1, and 2) of the 7th Schedule. 

For example, offences against laws with respect to the matters specified in List-I or List-II of the 7th Schedule of the constitution, excluding the use of naval, military or air forces or any other armed forces come under this category.

Evolution of Criminal Justice System of India – From Ancient to Present

• The jurisprudence of Ancient India, which was shaped by the concept of ‘Dharma’, prescribing various rules of right conduct.
• The codes or rules of conduct can be traced to various manuals that explained the  Vedic scriptures, such as ‘Puranas’ and ‘Smritis’
• The King had no independent authority but derived his powers from ‘Dharma’ which he was expected to uphold. 
• The distinction between a civil wrong and a criminal offence was clear. 
• While civil wrongs related mainly to disputes arising over wealth, the concept of pātaka or sin was the standard against which crime was to be defined.
• The Mauryas had a system of rigorous penal system which prescribed mutilation as well as the death penalty for even trivial offences. 
• Dharmasastra of Manu, recognized assault and other bodily injuries and property offences such as theft and robbery.
• During the Gupta’s era, the judiciary consisted of the guild, the folk assembly or the council and the king himself.
• Judicial decisions conformed to legal texts, social usage and the edict of the king, who was prohibited from violating the decisions.

Indian Criminal Justice During Medieval Times

• India was subjected to a series of invasions,  beginning in the 8th Century A.D. and ending in the 15th century, stabilizing by the time of Mughal Rule.
• Followed a criminal law that classified all offences on the basis of the penalty which each merited, including retaliation (blood for blood), specific penalties for theft and robbery and discretionary penalties.

Criminal Justice System in its Present Form

• The Criminal Justice System in India follows the legal procedures established by the British during the pre-independence era.
• An Indian Penal Code (IPC) defining crime and prescribing appropriate punishments was adopted in 1860, prepared by the first Law Commission of India .
• It was developed in line with the English criminal law.
• Code of Criminal Procedure was enacted in 1861 and established the rules to be followed in all stages. This was amended in 1973.
• The NN Vohra Committee, set up in 1993, observed increasing criminalization of politics, talked of the unholy nexus.
• It was an effort to push the reforms in the criminal justice system.
• In 2000, t he Government of India formed a panel headed by the former Chief Justice of Kerala and Karnataka, Justice V.S. Malimath, to suggest an overhaul of the century-old criminal justice system.
• In 2003, the Justice Malimath Committee submitted a report with 158 recommendations.
• The Committee opined that the existing system “weighed in favour of the accused and did not adequately focus on justice to the victims of crime.”

What was the need for reforms?

• The system of delivery has to some extent become less effective to serve its desired purpose, based on the laws framed centuries back.
• Increasing pressure of the judiciary with huge pendency, obstructing delivery of justice, due to delay.
• The time taken to deliver justice and the delay so caused has to some extent not served the purpose of checking the criminal offence or repetition of offences.
• Due to lack of coordination, a huge chunk of under trials languish in jails, which is why their crime is to be established and tried in the court of law.
• With the emergence of technology and the increasingly complex nature of offences, the existing laws have failed to address the offence and ensure justice to the affected party.
• For example, cyber crimes call for updated provision sleeping in mind the emerging technologies and their possible issue to commit offences.
• Need to increase the confidence of the common public on the system of justice, sometimes hampered due to the undue delay.
• The nature of offence demands segregation of domains and specialization in investigation.

Find important recommendations of the Malimath Committee on Criminal Justice System in India in the linked article. 

The entire existence of an orderly society depends upon the sound and efficient functioning of the Criminal Justice System. The law of the land has to be in tune with the demands of the changing times and nature of complexities in offences. There should be a broader dialogue among all the stakeholders for effective provisions so that the interest of justice is served and served right, where no innocent suffers prejudice, exclusion leading to miscarriage of justice. 

Similarly, the rules and procedures established by law need to reach the common man, and the role of civil society in this endeavour is paramount. Further, there is a need to streamline the police reforms, beef up the forensic evidence-based investigation, and prioritize advanced scientific analysis which must be strengthened and upgraded, catering to the demands of the present times. The infrastructural challenges confronting the judiciary must be addressed to facilitate the process of ensuring justice.

This article is relevant for the sections of Polity and Current Affairs part of the UPSC Syllabus prescribed for Preliminary and Main Stages of Civil Services Exam. 

Criminal Justice System in India [UPSC Notes]:- Download PDF Here

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Indian Judicial system, can the poor expect fair Judgement?

Being incorrigibly optimistic, I would say - Yes, in a democratic country like India, everyone is equal in the eyes of law and ideally there is no bias on any basis while dispensing justice. Moreover India being the world's largest democracy, if the poor cannot access justice here then where? The rhetoric is yet another assertion of the fact that justice for all is the principle of governments that are of the people and for the people.

However the recent film 'Manjhi' based on 'Dashrath Manjhi' the man who devoted his life to the daunting task of leveling the mountain to connect his village (Gehlaur) near Gaya in Bihar, to the main town and thereby ensuring the village an easier access to the town and that medical help was within reach in times of emergency.

The film highlighted the conditions of abject poverty where people lived in bondage, oppressed by evils like castecism, no security of food or shelter and owning a petty object like a pillow was a luxury beyond their reach. The agony and pain of poverty depicted therein fills one with distress and yet the ones at the receiving end survived by sheer fortitude and strength to smile in the face of adversity.

Justice for the Poor

The question here is not whether the poor can expect a fair judgment or not, but whether there is any consideration at all for their case. There was this one man who single handedly using only the hammer and chisel took the responsibility to create a path through the mountain, which factually was the responsibility of the government. There was no support from the concerned authorities even after the case was brought to their notice. When the prime minister sanctioned money for the work it was quickly gobbled up by the corrupt officials and other intermediaries. Is the sanction of funds sufficient? Is their no obligation to monitor or follow up a project to its completion? Was this justice?

Or was it justice when atrocities were committed on the weak and oppressed in the name of castecism even after it had been abolished by law? Or was it fair when simple villagers were forced to take the law in their hands? And would they have done that if they had faith in the judicial system?

Well, this is not an over reaction to the documentary of 'The Mountain Man', rather a realization that the situation has not changed much for the poor even today. Being homeless, in metropolis not only exposes them to inclemencies of weather but also to the violence of the worst kind. What kind of justice can they hope for when they lie, unprotected, unshielded by law and a callous celebrity speeds over them under the effect of alcohol while they are asleep on the pavements.

Denial of Fundamental Rights

There are certain sections of the society that even after sixty eight years of independence has no access to clean drinking water, and have no security of food or shelter. The denial of these basic rights renders all talks of fair judgment meaningless.

It is the poor that are the most vulnerable and are exposed to violence of the worst kind, both criminal and common, child labor, exploitation, sex trafficking, no security and enjoy no benefits as citizens of a democratic nation.

Contemplating on the probability of expecting a fair, judgment is like putting the cart before the horse. First and the foremost their appeal for restoration of their humanitarian rights and their citizen rights has to be acknowledged. Poverty creates circumstances conducive to the perpetuation of oppression, exploitation, illiteracy, child labor, malnutrition and ignorance about their basic rights and sets up a vicious cycle where the consequences ensure that their states as people below the poverty line or at the border line does not change.

Generate Legal Awareness among Illiterate people

This desperate situation demands desperate remedies. The issues like creating livelihood opportunities and making arrangement for meaningful education for all need to be taken up simultaneously and more vigorously. Our concern for justice for the poor should not be limited to discussions and debates, for solving a problem requires appropriate action.

Each one of us should come forward to help; in whatever capacity we can (pushing ourselves a wee bit out of our comfort zones) and impart our duties towards our less fortunate brethren. Ethically we all owe them this obligation.

Babita Palta

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Law and Society: The Indispensable Bond of Justice in India

India, with its rich tapestry of history, culture, and diversity, stands as a testament to the resilience and strength of democracies. At the heart of this democracy lies a complex yet cohesive system: the law. Serving as the backbone of any civilized society, it’s more than just a collection of rules and regulations; it manifests a nation’s values, beliefs, and aspirations. These concepts are regularly explored by a case brief writing service and similar services to understand the theoretical and practical implications of legal practices in society.

LAW AND JUSTICE IN INDIA

In India, where the dynamics of tradition and modernity constantly interplay, the law acts as a balancing force, guiding the country toward progress while ensuring justice, equity, and order. This article delves deep into the essence of law and justice in India, shedding light on its significance, evolution, and pivotal role in shaping the fabric of Indian society.

The law is termed as a system of rules that are enforced through social institutions to govern behavior. It is normally assumed as a rule or mode of conduct that is prescribed and enforced by the supreme controlling authority. The jurisprudence that is a philosophy of law elaborates and asks questions such as ‘what is law’ and ‘what it should be.’

Maintaining law and order in a society enables people to follow the societal code of conduct. They can be obtained if the vast majority of the population respects the rule of law and where enforcement agencies observe rules that limit their powers. Establishing and maintaining legal practices implies firm dealing with occurrences of theft, violence and disturbance of peace and rapid enforcement of penalties imposed under criminal law. The importance and implementation of it is an integral part of society. The word ‘law’ might strike fear in the minds of people. In truth, it is not enforced to scare individuals of society rather it is implicated as a basis for society.

Importance of Law:

Without the law in society, we would have no structure. It ensures protocol at various places to ensure protection, equality and justice. We use it whenever we make a purchase or to conduct a business. Ir is implemented to achieve peace in a society where individual freedom is valued. Without the law, or enforcing agencies we would experience chaos and havoc, and it would be the survival of the fittest. We need it as it warrants order and stability in our society. It aids people in making decisions that are consistently based on social morality and code of conduct. This act is to abide by the law.

The reason that most people obey the law is to fear punishment or to avoid punishment. According to social values and norms, we are placed in situations or positions that can humiliate us if we commit a crime. It is mandatory for a society as it serves as a norm of conduct for citizens. It is also made to provide proper guidelines and order and to sustain the equity in all the departments of government. The law is necessary to attain as it keeps society running. Without it, there would be conflicts in social classes and groups.

The law is normally based on common sense assumptions. For example; drive slowly, don’t drive drunk, respect others and their belongings, etc. Some are used to continue the business such as trade, sales, and immigration. The law is established to provide protection to the victims and to punish those who have done unlawful acts. Moreover, to fulfill social needs, there is a provision in a constitution which must have to abide by. It is a form of social science, likewise; society and law are interrelated. The legal framework provides rules and regulations to live a social life, and it also increases with the economic, scientific and technological processes. Along with the change in the society, the law also changes and plays an integral part in the fulfillment of social needs.

The Pillars of Law: Protection, Equality, and Justice

Protection: safeguarding citizens and their rights.

In a vast and diverse nation like India, the law plays a pivotal role in safeguarding the rights and interests of its citizens. From property rights to personal safety, it protects against potential threats, ensuring everyone can lead a life free from harm and injustice. In scenarios ranging from business transactions to personal disputes, it offers a framework to ensure that the rights of individuals are not trampled upon.

Equality: The Foundation of a Just Society

India’s constitution enshrines the principle of equality, emphasizing that every citizen, regardless of caste, creed, gender, or economic status, is equal in the eyes of the law. This foundational principle ensures that no section of society is marginalized or denied their rights. In a country that historically grappled with societal divisions, the emphasis on legal equality seeks to bridge the gaps, ensuring that every individual has an equal shot at opportunities and justice.

Justice: The Ultimate Aim

In many ways, justice is the ultimate goal of any legal system. The intricacies of the law, its rules, and its regulations all converge towards this singular objective – to ensure that justice is served. In India, the legal system is continuously evolving to meet this aim. While challenges persist, the Indian judiciary, backed by the robust framework of its legal practices, works tirelessly to ensure that justice is not just a theoretical concept but a lived reality for its citizens.

Why Law is Paramount?

Without the law in society, we would have no structure. It ensures protocol at various places to ensure protection, equality and justice. We use a legal system whenever we purchase or conduct a business. It is implemented to achieve peace in a society where individual freedom is valued. Without such rules, we would experience chaos and havoc, and it would be the survival of the fittest. We need it as it warrants order and stability in our society. It aids people in making decisions consistently based on social morality and code of conduct. Its importance is constantly reevaluated by scholars in their papers, by parents in their conversation with children, and by children when they study and write law essays.

The Fluidity of Law: Adapting with Times

The law is normally based on common sense assumptions. For example, drive slowly, don’t drive drunk, respect others and their belongings, etc. Other rules are used to continue the business, such as trade, sales, and immigration. The law is established to protect the victims and punish those who have done unlawful acts. Moreover, to fulfill social needs, there is a provision in the constitution that must abide by. It is a form of social science that provides rules and regulations to live a social life, and it also increases with the economic, scientific and technological processes. Along with the change in society, the legal system also changes and plays an integral part in fulfilling social needs.

The intricate dance between law and society is a testament to the enduring spirit of justice and order. In India, where history, tradition, and modernity converge, the law serves as a rulebook and the heartbeat of its democratic ethos. It offers protection, ensures equality, and relentlessly pursues justice. While challenges and nuances persist, the commitment to a just and equitable society remains unwavering. The law stands not as a mere set of rules but as the very foundation upon which the dreams and aspirations of a billion people rest, guiding India’s journey toward a brighter, more just future.

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Essay on Judiciary in India

Essay on Judiciary in India : Guardian of Justice and Democracy – The judiciary is one of the three pillars of democracy in India, along with the executive and the legislature.

Introduction:

The judiciary is one of the three pillars of democracy in India, along with the executive and the legislature. It plays a vital role in upholding the rule of law, protecting the rights of citizens and ensuring that justice is dispensed impartially. The Indian judiciary, rooted in the Constitution, has over the years evolved into a strong and independent institution that is vital to the functioning of the world’s largest democracy.

Structure of Judiciary:

India has a hierarchical and federal system of judiciary with a clear division between the central and state judiciary. The Supreme Court of India is at the apex, followed by the High Courts in each state and below them are the District and Subordinate Courts. This tiered structure ensures that cases can be appealed to a higher court if necessary, promoting fairness and justice.

Independence of Judiciary:

An important aspect of India’s judiciary is its independence. The Constitution of India guarantees judicial independence by providing judges with separation of powers, financial autonomy and security of tenure. This autonomy allows judges to make decisions based solely on the law and the merits of the case, free from outside pressure or influence.

Role of Judiciary: Essay on Judiciary in India

• Guardian of the Constitution : The Indian Judiciary plays a vital role in interpreting and upholding the Constitution. It ensures that laws made by the legislature do not violate the fundamental rights and principles enshrined in the Constitution.
• Guardian of Fundamental Rights : Judiciary acts as the ultimate guardian of the fundamental rights of citizens like right to equality, freedom of speech and right to life. It has the right to repeal any law that violates these rights.
• Conflict Resolution : Judiciary is responsible for resolving disputes between individuals, organizations and governments. It provides a platform for redressal of grievances to citizens and ensures that justice is delivered.
• Check on Executive and Legislature : The Judiciary acts as a check on the other two branches of government, the Executive and the Legislature. It can review executive actions and legislative decisions to ensure they are consistent with the Constitution.

Challenges and Concerns:

Despite its important role, the Indian judiciary faces several challenges:

• Backlog of Cases : There is a huge backlog of cases in Indian courts, which causes delays in justice. This backlog may be due to shortage of judges, inefficient processes and procedural complications.
• Access to Justice : Many marginalized and disadvantaged citizens struggle to access the justice system due to factors such as poverty, illiteracy and geographical barriers.
• Judicial Activism : Judicial activism can be beneficial in some cases, but some argue that it has sometimes blurred the lines between the judiciary and the legislature, raising concerns about the separation of powers.

Conclusion:

Judiciary in India is the guardian of justice, democracy and rule of law. It plays a vital role in upholding the constitution and protecting the rights of citizens. While facing challenges like backlog of cases and issues related to transparency, the judiciary’s independence and commitment to justice are its biggest strengths. As India evolves, it also ensures that its judiciary remains the cornerstone of the country’s democratic fabric.

Indian Judicial System Essay in 300 Words

Indian Judicial System: Upholding the Rule of Law

The Indian judiciary is the cornerstone of the country’s democracy, responsible for interpreting and upholding the rule of law. Consisting of a hierarchy of courts with different roles and jurisdictions, it acts as the final arbiter of justice in the country.

At the pinnacle of the Indian judiciary is the Supreme Court, which is the highest court in the country. Its primary role is to interpret the Constitution, resolve disputes between the central and state governments and hear cases of national importance. The Supreme Court is the ultimate custodian of the fundamental rights of citizens and plays an important role in safeguarding the democratic principles enshrined in the Constitution.

Below the Supreme Court, each state in India has its own High Court. High Courts have jurisdiction over matters relating to their respective states. They hear appeals from lower courts and exercise supervisory jurisdiction over these courts, ensuring that justice is administered equally across the state.

The foundation of the Indian judiciary is the District and Subordinate Courts, which are spread across the country. These courts are responsible for handling a wide range of cases from civil disputes to criminal cases. They act as the first point of contact for citizens seeking legal remedies.

The most notable feature of the Indian judicial system is its commitment to judicial independence. Judges at all levels enjoy security of tenure and cannot be easily removed from office, ensuring that they can make decisions impartially without fear of political interference. This freedom is critical to upholding the rule of law and ensuring that justice is administered impartially.

However, there are many challenges facing the Indian justice system. One of the most critical issues is the backlog of cases in courts across the country. The huge backlog of cases has led to significant delays in the delivery of justice, reducing the effectiveness of the system.

Finally, the Indian judiciary is an important institution that plays a vital role in upholding the rule of law and protecting the rights of citizens. Its hierarchical structure ensures that justice can be sought at various levels and its commitment to judicial independence is a testament to its integrity. While challenges exist, the Indian judiciary remains a beacon of justice in the world’s largest democracy. Efforts to eliminate the backlog and implement reforms are essential to ensure that justice is not only delivered but also delivered promptly and efficiently.

Essay on Role of Indian Judicial system 250 words

Role of Indian Judiciary

The Indian judiciary plays a vital role in upholding the rule of law, ensuring justice and protecting the rights and liberties of citizens. Its importance is to interpret and enforce the Constitution, resolve disputes, and act as a check and balance on the other branches of government. Here are some key aspects of his role:

Interpretation and Protection of the Constitution : The Judiciary, particularly the Supreme Court, is entrusted with the responsibility of interpreting the Constitution. It ensures that laws made by the legislature and acts of the executive do not violate the principles and fundamental rights enshrined in the Constitution. This work is important to maintain the sanctity of the Constitution as the supreme law of the land.

Protection of Fundamental Rights: One of the primary roles of the judiciary is to protect the fundamental rights of citizens. It is the right to strike down laws and government actions that violate these rights, thereby protecting citizens from arbitrary and unconstitutional actions.

Dispute Resolution: Judiciary serves as a forum for resolving disputes between individuals, organizations and governments. It provides a fair and impartial platform to the parties to seek justice and seek legal redressal of their grievances.

Checks and balances on other branches: Judiciary works to check the powers of executive and legislature. It can review the actions and decisions of other branches to ensure they are consistent with the Constitution. It ensures that the government operates within the framework of law and prevents abuse of power.

Upholding the rule of law: The judiciary is critical to upholding the rule of law by ensuring that due process is followed, rights are protected and justice is administered fairly and without bias.

Public Interest Litigation (PIL) : In recent years, the Indian judiciary has also taken an active role in addressing public interest issues through PILs. The government has intervened in matters of public concern such as environmental protection, health and social justice, so that the government is taking necessary actions for the welfare of the citizens.

Finally, the Indian judicial system plays a multifaceted role in preserving the nation’s democratic fabric. It not only interprets the Constitution but also protects fundamental rights, resolves disputes, checks the powers of the government and maintains the rule of law. Its commitment to freedom and justice is essential to ensure that citizens’ rights and freedoms are protected and that India remains a vibrant and inclusive democracy.

Role of Judiciary in Fight Against Corruption

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Essay on Justice

Every living thing has life. But the lives of humans are much different and advance as compared to other living things. However, the lives of humans are not that easy. The main thing that makes human life easy and peaceful is Justice. Justice is essential for maintaining a fair and equitable society and is an important part of human life.

On an individual level, justice ensures that everyone is treated fairly and has access to the same rights and privileges. To understand the necessity of justice, let us have a look at justice in detail.

Short and Long Justice Essay in English

Here, we are presenting long and short essays on Justice in English for students under word limits of 100 – 150 Words, 200 – 250 words, and 500 – 600 words. This topic is useful for students of classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 in English. Also it will be helpful for students preparing for various competitive exams. These provided essays will help you to write effective essays, paragraphs, and speeches on Justice.

Justice Essay 10 Lines (100 – 120 Words)

1) Justice is a concept of fairness.

2) It ensures that people are treated equally.

3) Justice is considered to be the foundation of a secular society.

4) It is a fundamental right of every individual.

5) It is a complex concept that can often require difficult decisions.

6) Justice is an important part of a democratic country.

7) Justice should be encouraged in all areas of life.

8) It is a balance between rights and obligations.

9) Justice should work to resolve conflicts peacefully.

10) Justice should ensure that all people have access to equal opportunities.

Short Essay on Justice (250 – 300 Words)

Introduction

Justice is a concept of fairness that must be based on ethics, rationality, law, religion, and equality. It is a concept that upholds the equality of all people and treats everyone fairly.

Justice is not only an idea but an action that requires understanding the right and wrong of decisions to make sure everyone is treated fairly.

Advantages of Justice

Justice is essential for a healthy and functioning society. It is the foundation of democracy and laws. It is also essential for safeguarding individual rights and freedoms. It ensures that individuals are treated fairly and with respect, and that everyone has access to the same rights and privileges. People are afraid to commit crimes in a country where the law is followed. Additionally, justice offers voice to the weak and the impoverished, preventing the wealthy and powerful from taking advantage of them.

Disadvantages of Justice

One of the main disadvantages of justice is that it can be slow and inefficient. Additionally, with legal costs and court fees, people have to pay huge amount. Moreover, justice systems have been known to be biased against certain groups especially the powerful peoples, leading to unequal outcomes. Many people are afraid of the process of justice systems and end up losing their hope.

Justice is an essential element of a healthy society and is fundamental to the maintenance of a peaceful world. Justice should be applied equally to all people, regardless of their race, gender, or social class. Every citizen should follow law and promote equality to enjoy a healthy living.

Long Essay on Justice (500 Words)

“Justice” is not only a small word, it is a sentiment. For many people justice is not only their fundamental right but it is their need. It’s challenging to define what justice means. It has broad meaning varying from person to person. Justice should be seen as both a reward for doing good deeds and a means of punishing bad behavior.

What Is Justice?

Justice is the concept of treating all people with respect, regardless of social or economic status. When justice is applied, it ensures that individuals receive fair treatment and that their rights are protected. This includes access to resources and opportunities, as well as the right to a fair trial and equal protection under the law.

Types of Justice

There are three types of justice: retributive justice, restorative justice, and distributive justice. Retributive justice is the idea that those who commit wrongs should be punished as a way of getting revenge. While restorative justice is focused on repairing the harm caused by wrongdoing and restoring relationships between offenders and victims. Distributive justice is concerned with ensuring that resources are shared equally.

Importance of Justice

Justice is important for a number of reasons. It helps to maintain order in society and to ensure that laws are followed. Justice also helps to protect the rights of individuals and to ensure that people are treated same. It also helps to promote respect for the law and to create a sense of trust between citizens and the government. Justice is a cornerstone of democracy and is essential to the preservation of social order. Justice is an essential element of a healthy society.

The Black Side of Justice

Justice is an important part of society, but it has some disadvantages as well. Justice can be slow and expensive, as it often takes a long time for justice to be served. People may have to wait a long time for their case to go through the court system, and they may have to pay a lot of money for lawyers or court fees. Additionally, justice can be subjective, as judges and juries may interpret the law differently and come to different conclusions. This can lead to unfair results, which can be very frustrating and disappointing for involved.

How Justice can be maintained in society?

There are many ways through which justice can be maintained in a society. Some of them are listed below:

1. All citizens should follow by the laws, regardless of their social or economic status.

2. No one should be given special privileges or be discriminated on the basis of their race, gender, religion, or any other characteristic.

3. Everyone has basic human rights that should be respected by others.

4. People should be held accountable for their actions and any wrongdoings should be punished accordingly.

5. Governments and other institutions should be transparent about their decisions and actions.

Justice is an essential concept in a functioning society. It is a fundamental human right that should be respected and upheld by all nations. We must work together to create a fairer and more equal society.

I hope the above-provided essay on Justice will be helpful to you in understanding the advantages, disadvantages, and role of Justice in our society.

FAQs: Frequently Asked Questions on Justice

Ans. India celebrated 20 February every year as World Day of Social Justice.

Ans. Lady Justice is generally represented holding a set of scales in one hand, on which she balances the act and its effects in order to reach equilibrium and, thus, justice.

Ans. The justice system works by having two sides present their case to a judge or jury. Based on the evidence, the judge then makes a fair decision.

Ans. The role of the police in the justice system is to investigate crimes, gather evidence, and arrest the criminal.

Ans. As justice is impartial and shouldn’t be dependent on a person’s appearance or other external factors, the statue of justice is blindfolded.

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Congress Manifesto Released: Party Promises 'Justice', 25 'Guarantees' Ahead Of Lok Sabha Elections

C ongress on Friday released its manifesto for the Lok Sabha elections with its focus on 'five pillars of justice'. The manifesto was released by party chief Mallikaurjun Kharge and former party presidents Sonia Gandhi and Rahul Gandhi.

Congress Manifesto Released: Five Pillars of Justice

In its manifesto, Congress emphasised 'Paanch Nyay' or 'five pillars of justice'. These included 'Yuva Nyay', 'Naari Nyay', 'Kisaan Nyay', 'Shramik Nyay', and 'Hissedari Nyay.' Apart from this, it also includes the guarantees made by Congress to the people as part of its poll promises ahead of the Lok Sabha elections, news agency PTI reported.

Earlier it was predicted that the grand old party is likely to promise the youths the 'right to employment' as part of its poll manifesto for the 2024 Lok Sabha elections. Congress's focus on the youth comes as a part of its bid to woo them ahead of the elections, the report stated.

Congress has also been deliberating to propose stringent punishment for those responsible for paper leaks in examinations against those responsible in the country. Thus, the manifesto will suggest measures to bring transparency in government recruitment, the report noted citing sources.

Congress's manifesto would also stress assuring a legal guarantee to a minimum support price, in addition to a caste-based census in India. It would also thrust the welfare measures such as providing financial assistance to marginalised sections of society. Additionally, it will also ensure that these sections get justice and become a part of the state's welfare measures.

Ghandis and Kharge are likely to address public rallies in Hyderabad and Jaipur, a day after the launch of the manifesto. They will likely be highlighting the key elements of the manifesto. 

Congress Released 12th List Of Candidates

On April 4, Congress released its 12th list of candidates , naming three candidates from Gujarat. The party fielded Rutvikbhai Makwana from Surendranagar, Hirabhai Jotva from Junagadh and Jashpalsinh from Vadodara. 

Congress on Tuesday unveiled a list of 17 candidates, featuring eight candidates from Odisha, five from Andhra Pradesh, three from Bihar, and one from West Bengal. The grand old party  nominated Y S Sharmila Reddy, the state unit chief to contest the Kadapa seat in Andhra Pradesh.

Rahul Gandhi Files Nomination Papers From Wayanad

Congress MP Rahul Gandhi on Wednesday filed his nomination from the Wayanad Lok Sabha seat, which has been the party's bastion since 2009. He will be competing against CPI-M Leader Annie Raja, who is also a part of the I.N.D.I.A Bloc. The Bharatiya Janata Party has fielded K Surendran from Wayanad. Surendran is the BJP President in Kerala.

In 2019 Lok Sabha polls, Rahul Gandhi won the seat with a vote margin of nearly 40 percent, securing 64 percent of the total votes polled.

As per the schedule announced by the Election Commission of India in March, voting in Kerala will be held on April 26 and the counting of votes will be done on June 4.

Who Will Contest From Amethi?

In 2019, Congress's first list of candidates featured both Amethi and Raebareli. On the other hand, in 2024, there is still uncertainty as to who will contest these Lok Sabha seats. With Sonia deciding against contesting from Raebareli, followed by her joining the Rajya Sabha, the party remained tight-lipped on the possible candidates from the UP seats. 

As doubts loom over the Amethi seat, Robert Vadra claimed that the people of Amethi are upset with sitting MP Smriti Irani, and expect him to represent them. He also stated that the people of Amethi want a member of the Gandhi family to return.

Both the parties are also yet to declare their candidates for Rae Bareli Lok Sabha seat, where it is being speculated that Priyanka Gandhi may be fielded.

Amethi and Raebareli will go to polls on May 20 during the fifth phase. The last day for filing nominations as announced by the ECI is May 3.

ALSO READ| LS Polls: Amid Rift With Congress Over Sangli, Sanjay Raut Says 'All 48 Seats In Maha Belongs To MVA'

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Congress releases Lok Sabha poll manifesto, focuses on five 'pillars of justice'

The Congress party announced its manifesto for the Lok Sabha elections on Friday, focusing on five "pillars of justice" and 25 guarantees under them. The party promises the right to apprenticeship, a legal guarantee for MSP, and passing a constitutional amendment to raise the 50 per cent cap on reservations for SCs, STs, and OBCs, among other assurances. Titled Nyay Patra, the manifesto also promises statehood for Jammu and Kashmir and a national minimum wage of Rs 400 per day.

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Guest Essay

Stephen Breyer: The Supreme Court I Served On Was Made Up of Friends

By Stephen Breyer

Justice Breyer is a retired associate justice of the United States Supreme Court and the author of “Reading the Constitution: Why I Chose Pragmatism, Not Textualism.”

Recently, the Supreme Court justices Sonia Sotomayor and Amy Coney Barrett spoke together publicly about how members of the court speak civilly to one another while disagreeing, sometimes vigorously, about the law. Considerable disagreements on professional matters among the Supreme Court justices, important as they are, remain professional, not personal. The members of the court can and do get along well personally. That matters.

In my tenure, this meant that we could listen to one another, which increased the chances of agreement or compromise. It means that the court will work better for the nation that it serves. And I wonder: If justices who disagree so profoundly can do so respectfully, perhaps it is possible for our politically divided country to do the same.

Sandra Day O’Connor was the first woman appointed to the court; Ruth Bader Ginsburg was the second. I remember being slightly surprised when, during a visit to meet with several European judges, they suddenly disappeared. Where had they gone? It seems they went off together to look for suitable women’s collars for their robes. They found some, and Justice Ginsburg wore them ever after.

At about the same time, Justice O’Connor reminded me that our chief justice, William Rehnquist, had decided that he, too, needed something distinctive on his black robe. Inspired by Gilbert and Sullivan’s “Iolanthe ,” he decided to enliven it with a few gold stripes on the sleeves. Justice O’Connor found at a European bookstall a picture of Lorenzo de’ Medici wearing similar stripes. She suggested that we send it to him with a special message from her.

We would do things together outside class. Chief Justice Rehnquist, Justice Anthony Kennedy, Justice O’Connor and I would play bridge with friends and spouses (often changing partners). Today, I gather that justices who do not always agree on legal results nonetheless agree to go to hockey games or play golf together. (Why hockey in Washington, D.C., where baseball, football and basketball abound? Perhaps they just like hockey.)

As is fairly well known, Justice Ginsburg and Justice Antonin Scalia loved opera and became great friends. They even persuaded Justice Kennedy and me to take part in a Washington Opera performance of “Die Fledermaus,” provided, of course, that we simply sat onstage on a sofa and never opened our mouths. Justice Scalia had a good musical voice, however; he, law clerks and other justices would sometimes sing at the court, joined by Chief Justice Rehnquist, as well as by a friend of Justice Scalia who was a fine pianist and loved Cole Porter.

Justice Scalia and I would talk to students in high school or law school and other audiences about the court. It was obvious to those audiences that while we did not share basic views about how to interpret difficult statutory and constitutional phrases, we were friends.

Certain unwritten rules helped to smooth over differences and maintain good personal relations among court members. At conferences when we discussed cases privately, we proceeded in order of seniority, and no one would speak twice until everyone had spoken once. Thus, everyone could be fairly sure that he or she would have a chance to speak before minds were definitely made up. (This rule helped me, for I was the most junior justice for 11 years.)

Once all had spoken, we would discuss the case, back and forth. But one quickly learned that it did not help to say “I have a better argument than you.” Much better to listen to what others say and to find in their points of view material for working out an agreement or perhaps a compromise.

Chief Justice Rehnquist generally did not approve of jokes made during the business portion of the conference, though I admit I once told him while we were having coffee, after having recently nearly lost a majority on what we thought initially would be a unanimous opinion, “I have discovered how to get five people on a single opinion.” “How?” he asked. “Start with nine,” I replied.

In any event, agreement or disagreement, joke or no joke, in my 28 years on the court I did not hear a voice raised in anger in that conference, nor were snide or personal remarks ever made. The discussion was professional, disagreements reflected legal differences on the merits, and the justices tried to find ways to reach court agreements.

Justice O’Connor maintained that a highly important informal court rule was this: You and I may disagree strongly in respect to Case 1, but that fact has nothing to do with our positions in respect to (not legally related) Case 2, where we may be the strongest of allies. That is, no horse-trading.

After conference we would have lunch, often talking about sports or trading so-called jokes and other nonlegal matters. I remember once saying to Chief Justice Rehnquist that I thought it amazing that we were about to have a pleasant lunch when just 20 minutes before at conference we strongly disagreed about applicable law. His reply suggested that he thought only a short time earlier that half the court thought the other half had lost its mind.

What works for nine people with lifetime appointments won’t work for the entire nation, but listening to one another in search of a consensus might help.

Stephen Breyer is a retired associate justice of the United States Supreme Court.

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Opinion Christine Blasey Ford is no hero, if justice is the measure

An earlier version of this column misspelled the name of Mollie Hemingway. This version has been corrected.

Christine Blasey Ford is promoting her new memoir to acclaim from certain quarters, including a glowing review by the New York Times. Meanwhile, the man she accused of being a witness to her alleged sexual assault by now-Supreme Court Justice Brett M. Kavanaugh more than 40 years ago can’t get his own book reviewed or even mentioned by mainstream newspapers.

You know me. I can’t resist flipping over a cow patty to see what’s underneath.

Ford, you’ll recall, is the California psychologist with two front doors in her house who, in testimony to the Senate Judiciary Committee in 2018, accused Kavanaugh of assaulting her at a high-school-era party while another boy, Mark Judge, allegedly stood by. Judge, who kept his distance and silence during Kavanaugh’s confirmation hearings — in part, he has said , to avoid further harassment by Democratic interlocutors — released his own version of those events and the aftermath in “ The Devil’s Triangle: Mark Judge vs the New American Stasi ” (2022).

As with Kavanaugh, Ford’s accusation against Judge was embraced by most of the news media despite an absence of evidence or corroborating testimony. No one who was supposed to have been at the party where Ford was allegedly assaulted remembered it, or her. Ford herself was unable to nail down the year the party took place (but settled on 1982 after several stabs) or where it was held, how she got there, how she got home or any other details, except that she herself had consumed just one beer, according to her testimony. Her claims against Kavanaugh ultimately were unsubstantiated.

Even so, the awards and accolades for Ford keep coming. During a recent appearance on “The View,” she was nearly sanctified for her “bravery.” Not one of the “View” chin-wags seemed to have done any research. They merely checked the box next to “female” and continued to hold in contempt the male who became a Supreme Court justice. Whoopi Goldberg summed it up: “To face those people the way they were looking and dealing with you, that is bravery under a whole different kind of fire.”

A fair-minded person would also wonder what it was like to be in Kavanaugh’s seat.

And what about Judge? “Roadkill” is the way constitutional lawyer Jonathan Turley described Judge’s invisible role in this tale. Of course, Judge and Kavanaugh were and are distinct people whose adult lives could not be more different. Kavanaugh was the kind of boy who kept a detailed calendar of his busy activities and who had a stellar career as a federal judge.

Judge, who chronicled his heavy-drinking school days in his 1997 book, “ Wasted: Tales of a Gen X Drunk ,” was a teenage alcoholic who had to claw his way to sobriety and suffered accordingly. He told Martha MacCallum during a recent Fox News interview that the effects of being essentially locked in a stockade for public ridicule and condemnation included “suicidal ideation” and “economic issues.”

Under interrogation by Democrats on the Senate Judiciary Committee, Kavanaugh was forced to review his youthful beer consumption, which he admitted was gustatory. He wasn’t alone; Ford was a drinker, too, according to friends and outlined in the deeply researched book “ Justice on Trial ” by Mollie Hemingway and Carrie Severino.

In my own research for a book that never came to fruition, I also learned that Ford was a party girl, which means she and I would have been friends. Her real “best friend” at the time, Leland Keyser, was known as her designated driver in those days, according to several of her friends cited in yet another book, “ The Education of Brett Kavanaugh ” by New York Times writers Robin Pogrebin and Kate Kelly.

A straight-A student and athlete who became a professional golfer, Keyser had her driver’s license at the time of the alleged assault.

Keyser, who felt pressured by Ford’s supporters to confirm Ford’s story, testified to the FBI that she had no recollection of any such party and didn’t know Kavanaugh.

When intimidation didn’t work, Ford and her friends implied that Keyser’s testimony couldn’t be trusted because she had “significant health challenges,” as Ford put it during her testimony. It didn’t take long for the meaning here to become public. Keyser had at one point become addicted to painkillers prescribed for golf-related back and neck injuries. She has suffered years of surgeries and pain that continues today, thanks to her commitment to recovery. No meds. She also has had to cope with the psychological effects of her persecution by the anti-Kavanaugh brigade. At least one person from Team Ford tried to persuade her to adjust her story. She refused.

Meanwhile, after five years of silence, Judge has emerged from his bunker with both barrels blazing. One can stand only so much smearing. He was, after all, accused in the public arena of variously urging Kavanaugh on or trying to stop him, all the while laughing, according to Ford. Like Kavanaugh, Judge was presumed guilty — a tragic by-product of the “believe the woman” orthodoxy that emerged during the #MeToo movement — and justly wants to have his say.

It takes guts to try to breach the #MeToo iron curtain, as Judge is attempting to do. It takes no courage at all to enrich yourself at other people’s expense, as Ford has done. Even if she believes her own story or suffered some traumatic event at some time, in the absence of evidence or corroboration, a measure of doubt is called for. This doesn’t necessarily mean she lied, as Hemingway and Severino have noted.

Both Judge and Keyser, it seems, deserve the applause Ford is receiving for perpetuating a questionable history that has damaged so many people, not to mention the judicial system she says she has sought to protect. We know the truth is otherwise, thanks to a video capture of Ford’s lawyer, Debra Katz, saying that her client wanted to block Kavanaugh because of fears he would vote to reverse Roe v. Wade . Ford’s fears might have been justified, but her tactics — which have netted her $1 million in donations plus overnights at Oprah’s — were not.

Nothing good grows under a cow patty, but Ford sure did step in one.

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