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The Critical Analysis On Understanding The Indian Judicial System




Gunjan Maji, Alliance School of Law, Alliance University


ABSTRACT


India has the world's most comprehensive ongoing judicial system and is the legal mechanism of the world's biggest democratic agency. Its mission is to bring justice to the innocent and to prosecute the wrongdoer. The Judicial system is subjected to active checks and balances. Its "democratic" protection stems from the misuse of contempt law to limit scrutiny, its restrictive attitude toward defamatory expression aimed at "other" elected authorities. Its "political" immunity stems from its right to decide its makeup and the political establishment's failure to actively expel supposedly corrupt members of the Judiciary. The Indian Judicial System even affect the increase in Gross Domestic Product. In either case, changes were required in the Indian legal framework because even after the economic transition period since 1991, such changes have not taken place. Judicial change has also fallen behind majorly due to liberalistic efforts during reform initiatives since 1991. The inadequacy of the Indian legal system has existed before the early twentieth century, and several committees have already been formed to address it. In legal changes, at least four detrimental components may be found which needs changes that have been proposed. This paper attempts to identify the reasons for court delays and propose solutions for strengthening the system. This article focuses on Judicial Accountability and mentions incidents where attempts were to avoid their obligation of responsibilities underneath the guise of independence of the Judiciary. Numerous incidents have indeed been highlighted in which the lack of democratic accountability and transparency has contributed to prejudice, nepotism, and other forms of corruption in the country's legal structure. The study also analysed the challenges and issues with Judicial Independence and delays and possible solutions for maintaining the court's credibility, dignity, and autonomy.


Keywords: Indian Justice System, Information and Communication Technology, Blockchain, Delay, Judges, Reforms.

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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