The judiciary is
a vital organ of any democratic setup responsible to provide, fair and
expeditious justice to all. We citizens of India look upon our constitution for
ensuring "Justice to allď. Everyone wishes that Justice which is the soul of a
democratic society must be administered without fear or favour. Integrity,
impartiality and intelligence are some of the important characteristics of the
independent judiciary in a democratic setup."
For many decades
the Indian judicial system was considered to be above all forms of corruption
and was expected to the last bastion of truth in a country that is plagued with
lies and deceit. Can we say it is still the same?
impression is that Indian Judicial System is hostile towards the common man and
general public but hospitable to rich, powerful and dishonest. When caught, a
rich and powerful criminal would say, "I am innocent and I have full faith in
our judiciary. It would do justice to me." Do you call that justice is done,
when he goes scot free from the courts, despite every bit of evidence against
him. This has been state of affairs with all the scams and scandals, which came
into public domain, in the recent years. As an ordinary citizen one always
wonders - Why should a technicality allow an apparent crime to go unpunished,
and if that is so why should one waste taxpayers money spent on investigation
for years on end? Should we take it that Legal system in India favours the
powerful people? A few known cases, like bail to Kalmadi and A. Raja , the
lenient treatment to two MLAs who thrashed a cop, and the cop was suspended seem
to strengthen the belief.
There is also the
attitude of Society that dissuades persons from going to law enforcers. Even
today, a visit from the police at your home for any reason encourages gossip in
the entire locality. This negative societal bias coupled with the lack of reach
has contributed to such negative thoughts for the judicial system. The
responsibility for this cannot be attributed to any one individual or party, but
must lie with the system itself which is not alive to local needs and problems.
system has been facing many problems and challenges in the course of dispensing
justice. The major problem is the proceedings are lengthy and this delays the
disposal which in turn leads to accumulation of cases and corresponding delay.
The other problems are lack of efficiency in proper interpretation as well as
implementation of laws. Apart from shortage of Judges the division of
jurisdiction is also not proper and this is leading to an increase in the burden
of the higher judicial forums including the Supreme Court.
There are many
other challenges and problems faced by the Indian legal system, which makes us
judicial system is turning weak ?
Are there any
prospects of reform?
Despite all the
above questions bothering us, we have a tremendous faith in Indian judiciary.
Most of us believe that our judiciary is responsible and will provide fair and
expeditious justice, and is the guardian of fundamental rights of the citizen.
To me a legislation like the RTI Act gives much needed confidence.
It is the need of
hour that legal and judicial setup be streamlined right from lower level so that
the gradually deteriorating confidence of common man in the judiciary could be
Over the past few
years we do find increase in use of technology for in the judiciary for Data
Storage. There are also structural reforms which might help in recruiting more
judges and also spreading the reach of the courts to the remotest regions.
improvement is required in the functioning of the courts, in order to minimise
the time in disposing off the cases. Practically seen, there is no time limit
fixed for arguing cases. Cases are being argued for months altogether in Indian
Courts, while in USA, counsels are given exact time to argue the case. The
number of holidays in India is far too much not only in judiciary, but in almost
Also itís time to
adopt and look at Alternate dispute resolution forums. Many structural reforms
are required to improve the working standard of the judiciary so that the
importance of this vital organ is not reduced and the confidence of people is
not eroded further.
Lest you feel
depressed by the thoughts that I have expressed let me end on a more cheerful
note. Friends, there is a misconception people have about CAs, that we are of a
very serious type, shy, reserved, and only workaholics. In reality this is not
true, but we are only labelled as such. Many of us have great talent in other
fields like instrumental music, singing, dance, dramatics, mimicry etc., but
which is not known to the world. I am sure you all will agree that we
professionals should showcase our hidden talents and show others that we are not
only bookworms. Thinking How & When ? Membership & Public Relations Committee of
your Society has planned a BCAS Variety Programme on Friday, 7th June 2013 on
the occasion of release of BCAS Referencer 2013-14. So letís make the beginning
and prove that we can do lot more than finance and calculations. I appeal to all
of you to participate and also motivate your family members, fellow
professionals or students to take part in the Variety performance show.
Letís prove to
the world in this New financial Year that we are different !