" A CRITICAL ANALYSIS OF INDIAN JUDICIAL

SYSTEM "
INTRODUCTION TO INDIAN JUDICIARY

Basically in most of the Democratic countries the organs of the government are divided into
three categories ; The legislative , The Executive & The Judiciary . And each of the organs
are essential for the healthy growth of the country . And the duties and functions of each
organ are different like , the function of the Legislative to make laws for the country and the
function of the executive to implement laws which are passed by legislative & the functions
of Judiciary is to interpret the laws . All the three organs are called pillars of the country .
But in this Article we see only the judicial system of India . Judiciary is the most important
part of a country not for India but also for every country . In India Judiciary protects the
rights and interest of the people and gives a new vision to Indian society . Judiciary not only
protects the interests of people but also controls arbitrary actions of legislative and executive .

Hierarchy of Indian Judiciary.

● In our Indian Constitution 1950 under Article 124 says that there shall be a
supreme court for India . And This is the Superior court . In India only one supreme
court established in New Delhi . The decisions of the supreme court are binding on
every High courts and subordinate courts which is said in Article 141 of Indian
constitution.
● Article 214 of the Indian constitution says that there shall be a High court for each
state . And a High court is the higher court for each state .
● And in every district of the State the state government shall establish district court or
other subordinate courts .

SUPREME COURT ( UNION LEVEL )

HIGH COURT ( STATE LEVEL )

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SUBORDINATE COURTS. ( DISTRICT LEVEL )

(ROLE OF JUDICIARY IN INDIAN SOCIETY )

Judiciary is the third pillar of Indian democracy . And it is the Protector and guarantor of the
Indian constitution . In the Indian constitution people have many fundamental rights but it
can not be imagined without remedy UBI JUS IBI REMEDIUM , Where there is a right ,
there is remedy because without remedy rights are meaningless . So in India if there is
violation of fundamental rights of any person or group of people then there is remedy
available by our constitution that the person can approach in The High court or Supreme
Court for the enforcement of their rights . And other things that Judiciary not only protect
rights and interest but also protect the people of India from the arbitrary actions of legislative
and executive bodies and keep the superiority of the Indian constitution through its power
Under Article 13 which is judicial review . Judiciary also plays an important role in the
administration of justice because it also involves in the settlement of disputes and also
provides punishment for the offences which are recognised by Indian laws . From time to
time courts give so many judgements and which becomes now as a road map for an Indian
society . There are so many judgments which become the path for the future and which
changed our society and our systems .

HISTORICAL JUDGEMENTS PASSED BY JUDICIARY WHICH

BECOMES MIRROR FOR SOCIETY

There are a lot of judgments passed by courts but here we discuss a few most important cases
which give a Direction to India .

1. KESAVANANDA BHARATI V. STATE OF KERALA 1 In this case The supreme

court of India introduced the concept of the DOCTRINE OF BASIC STRUCTURE
by this doctrine the supreme court said that parliament can do amendment in the
Indian constitution by using its power under Article 368 but they can not changed the
basic features of the Indian constitution . And this doctrine upholds the supremacy of
the Indian constitution and protects the rights and interest of the people .

1 (1973) 4 SCC 225; AIR 1973 SC 1461

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2. MANEKA GANDHI V. UNION OF INDIA 2 In this case the supreme court said
that any authority can not do any arbitrary actions towards the people and the
procedures which are followed by the authorities must be Just , Fair & Reasonable .

3. MOHAMMAD AHMAD KHAN V. SHAH BANO BEGUM 3 In this case the

supreme court held that section 125 of CRPC is a secular character and it is applicable
to all religions so a woman from any religion can claim maintenance under this
section . So by this judgement it opens a door for a muslim women in the matters of
maintenance .
4. SHAYARA BANO V. UNION OF INDIA 4, In this case the Supreme Court
declared Triple Talaq and Halala as unconstitutional and directed the Parliament to
make law for preventing the Triple Talaq . And after this judgement The Indian
Parliament passed A muslim women protection of rights on Divorce Act 2019 in
which triple talaq becomes cognizable offence .
5. VISHAKA V. STATE OF RAJASTHAN 5, In this case the supreme court held
that Sexual Harassment at workplace is the violation of fundamental rights of Article
14 , Article 19 (1)(g) , & Article 21 of the Indian constitution . And after that
Parliament enacted Sexual Harassment of Women at Workplace ( Prevention and
Prohibiting ) Act 2013 .
6. K.S. PUTTASWAMY V. UNION OF INDIA 6 , In this case the supreme court said
that Right to Privacy is a fundamental right . And it can not be violated without any
reasonable reasons .
7. BACHAN SINGH V STATE OF PUNJAB 7 In this case the supreme court held
that death punishment is constitutional if there is committed any RARE OF THE
RAREST CASES .
8. VINEETA SHARMA V. RAKESH SHARMA 8 In this case the supreme court held
that a daughter has an equal coparcenary on the Hindu Undivided Family Property .

2 AIR 597, 1978 SCR (2) 621.

3 1985 (1) SCALE 767; 1985 (3) SCR 844; 1985 (2) SCC 556; AIR 1985 SC 945
4 AIR 2017 9 SCC 1 (SC)
5 (1997) 6 SCC 241
6 2017 10. S.C.C.1.
7 AIR 1980 SC 898
8 (2020) 9 SCC 1
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By this judgement women got their rights . And this is the best judgement for gender
equality .
9. Judiciary is not only for the people but it also protects the environment and for
environment protection it is given many of the judgements like M.C. MEHTA V.
UNION OF INDIA 9 In this case the Supreme Court introduced the concept of
Absolute Liability . If any industry polluted and damaged the environment then they
would be liable for restoration of the environment and damages .
10. In the case of INDIA ENVIRO LEGAL ACTION V. UNION OF INDIA 10 The
Supreme Court introduced the concept of Polluter Pay Principles; it means that
those who damage the environment are also liable for restoring the environment and
pay for damages .

11. Recently KARNATAKA HIGH COURT passed a judgement on HIJAB

DISPUTES and held that Hijab is not the essential Practice of Islam and it is not
protected under Article 25 of the COI . And restrictions in school premises is a
reasonable restrictions.

12. Recently In May 2022 , the Supreme Court Considered Sex work as an profession
and Police has no right to misbehave with them .

13. Recently the supreme court stayed on sedition law because of section 124 A IPC
misused by the government and the Court directed to Parliament to make
improvements in this section .

ISSUES WITH THE INDIAN JUDICIAL SYSTEM

There are a lot of issues with the Indian judicial system . We can see it easily and this is a
serious matter for the image of the Judiciary .

Pendency Of the cases

9 AIR 1987 S.C 1086

10 1996 AIR 1446
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The major problem with Indian Judiciary is the pendency Of the cases . There are 4.70 crore
cases pending in the various courts of the country . Lok Sabha was informed on 25 March
2022 .
Delayed In Justice Delivery

" Justice delayed is justice denied " . In India the hearing of cases take place a many year's
like for Example In Nirbhaya Gang Rape Case the accused punished after seven year's .
Shortage Of Judges
The main reason behind the pendency Of the cases is shortage of judges . There are many
vacancies that are vacant but not fulfilled .
Expensive of court Proceedings. The procedure for approaching the court is
much expensive so by this most of the poor person and middle class family avoid to go courts
with their matters .
Court Infrastructure. The infrastructure of the courts basically in lower courts are
very poor . The judges and lawyers & people face many problems due to the poor
infrastructure .

Less female judges. There are very few women judges, especially in the higher
courts like in High Courts and Supreme Court . Presently there are only 3 female judges out
of the 34 strength in the supreme court . We can see that there is very less women
empowerment in the higher courts .

CONCLUSION

In short I want to say that for protecting the image and reputation of Judiciary , there should
be increase the numbers of judges by which the pendency Of the cases can be reduced and
second things for actual showing the women empowerment then there should be increase the
number of female judges in higher courts . And make the proceedings less expensive so for
this a poor person also can approach the courts . Because we have to restore the faith of
people in the Judiciary .
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REFERENCES

● THE HINDU NEWSPAPER

● THE INDIA TODAY

Name :. SHWETA TIWARI

College. Dr shakuntala Mishra National Rehabilitation University
Lucknow
Course. B.com. LLB ( Hons.). 3rd year