Complexities in the Indian Judiciary: Does India need a Judicial Reform?

  • Riya Banerjee and Anindita Modak
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  • Riya Banerjee

    Assistant Professor at Law Department, JIS University, Kolkata, W.B, India

  • Anindita Modak

    LLM student at JIS University, JIS University, Kolkata, W.B, India

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Abstract

The judicial system in India has ancient roots, with texts like the Dharmashastra and Arthashastra providing early legal frameworks. However, the modern judicial system began to take shape during British colonial rule. But, given the millions of cases pending in the nation today, it is clear that the judiciary urgently needs more judges. Often, the court’s decisions reflect and influence societal values and norms. However, other issues within the Indian judicial system have been causing concern, particularly regarding the public's faith and trust in the judiciary. This underscores the necessity for judicial reform within the nation. This paper will discuss the key issues associated with the modern-day judiciary system, which highlight the need for judicial reform or every judicial system bears the responsibility of delivering high-quality decisions in a timely manner, ensuring fairness and transparency for public scrutiny. The Indian judicial system is now dealing with a massive backlog of cases, which is causing delays in the delivery of justice services. This study uses a framework that was developed to identify and prioritise elements that impact judicial performance in the situation of Indian courts. The study involved the development of the framework. A discussion of the most important aspects that influence the effective performance of judicial tasks is included in the research.

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Research Paper

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International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 423 - 435

DOI: https://doij.org/10.10000/IJLMH.118541

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