Analyzing The Jury System's Effectiveness & Relevance In The 21st Century
- IJLLR Journal
- Aug 17, 2024
- 2 min read
Akanksha Anna Rajeev Bhalerao, B.B.A. LL.B. (Hons.), School of Law, Bennett University
ABSTRACT
The jury system is a method of trial which allows for a body of citizens, representing the common man to participate in giving the judgment in both civil and criminal matters. This allows for direct participation in the judiciary. It represents democratic ideals, but ideals don’t work in an imperfect world.
The Indian jury system stands abolished as of today. In 1958, the Law Commission in its 14th report, suggested abolishing jury trials in India. As a result, jury trials faded during the 1960’s. Finally, upon the adoption of Criminal Code of Procedure in 1973, the jury system was abolished in India. There existed multiple reasons for the newly independent India to forsake this system introduced by their colonisers. This research paper traces the origin of this system in the Indian judiciary and decodes its significant downfall.
While the Indian judiciary does not engage in jury trials, it remains a rather sought after alternative in several countries like the USA. This research paper provides a comprehensive overview of the jury system's efficiency and its associated challenges in different jurisdictions. By examining historical developments, contemporary issues, and proposed reforms, this paper sheds light on the strengths and weaknesses of the jury system in both civil and criminal cases.
The present judicial landscape is a tumultuous one, wherein a conflict exists between the judiciary and the parliament. The jury system may be the answer to this question. Whether the jury system can prevent allegations of judicial overreach & activism. This angle will be explored in the research paper with the use of contemporary cases.
The jury system has always enabled the common people to participate in the judiciary, but at the same time, it raises doubts upon the competency of jurors to adjudicate on complex legal matters. While the jury system remains a fundamental pillar of justice, its continued relevance in the evolving legal landscape can be questioned.
