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Justice Delivery In India




Josbin Thomas, Lecturer in JSS Law College, Mysore


Introduction


The Indian Judicial System is a unified structure, where the hierarchy of the Courts is followed by the Supreme Court of India established in the Capital, Delhi, High Courts in every State of India along with the district and other subordinate Courts. The rights of the individuals are protected by the Courts in order to provide them with fair and accessible justice. The Constitution of India, acts as written Constitution for safeguarding the rights of the Individuals. It consists of the fundamental rights, framework of the political system and provision of governance powers. The document ensures that India is Sovereign, Socialist, Secular Democratic and Republic. It ensures that the powers between the Legislative, Executive and Judiciary are not overlapping or interfering with the other bodies. Judiciary has the sovereign power to question the works of the governments for promoting the principles of justice, equality and fraternity. This critical review will be conducted on the topic Justice Delivery in India, discussing about the Indian Justice System, legal challenges faced in the Justice Delivery System with the help of the relevant statistics and statutes. Lastly, it will also provide the recommendations for enhancing the Judicial System in India.


Overview of the Indian Justice System


The central role of the Judiciary is to interpret the laws which have been passed by the legislature, and to ensure that the government has taken the right measures for implementing those laws. The fundamental rights are guaranteed to every individual under the Constitution of India.


Articles 32 and 226 of the Constitution of India establish powers for the Supreme Court and High Court of India to issue writs upon the violation of fundamental rights by the actions of the Government or government-controlled bodies. Under Article 13 of the Constitution of India, Courts have the power to declare laws as inconsistent if they are in derogation of the fundamental rights. The Judiciary acts as the guardian of the Constitution of India in order to establish the rule of law and the right balance between the powers of the Government.




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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