There are numerous causes behind the law’s delay and ineffectiveness. The inadequate number of judges as well as courts in the country is one of the primary causes of delayed disposal of cases. In the year 2000, unlike 107 judges to every million in the US, 75 in Canada, India only had 10.5 per million people.
Why do court cases in India take so long?
Frequent adjournments are one of the main causes of delays. These are restricted by the Civil Procedure Code but the law is flouted routinely. Adjournments must involve a cost as directed by the Supreme Court and the Civil Procedure Code must be followed rigorously.
Why is the legal system so slow?
There are shortages everywhere. Courthouses don’t have enough courtrooms and many of them are in obsolete buildings. There aren’t enough judges. There isn’t enough administrative support for the judges – most have to do their own research and typing, or, if they’re lucky, send it to a pool used by all the judges.
What are the weakness of Indian judicial system?
The major issues that the Indian judicial system faces are: The pendency of cases. Corruption. Lack of transparency (particularly in the appointment of judges).
What country has the slowest judicial system?
Overworked investigating judges and a lack of lawyers leads to inordinate delays in Bafang, Cameroon. Slate Afrique reports that the inmates of Bafang prison, in the west of Cameroon, are tired of waiting.
How many unsolved cases are pending in India?
The result: There are 4.5 crore pending cases across all courts in India, as of September 15. In fact, in 2019, there were 3.3 crore pending cases — which means that in the last two years, India has added 23 cases every minute to its pendency list.
Why are Indian courts so burdened?
The reason for the backlog is multifold. The average time for completion of a trial is 6 years which can be further extended if the case is dragged to the Supreme Court. Accepting even the petty cases enhances the burden on the judiciary. Vacancy at the judicial posts is one more reason for the backlog.
Why are American courts so slow?
Complexity of the lawsuits – motor vehicle accidents, divorces, debt collections – mostly not so complicated, can get to trial quicker; complex, multi-party medical malpractice cases, train accidents, tractor-trailer accidents, patent cases, corporate contract disputes, involve many witnesses, lots of documents, …
What is wrong with the American justice system?
One of the biggest consequences of the current criminal justice system is the impact it has on minority communities – with whole generations condemned to a vicious cycle of incarcerations. It also aggravates social economic and racial inequalities.
Why is the American justice system flawed?
Those three pathologies are: (1) unconstitutional overcriminalization; (2) point‐and‐convict adjudication; and (3) near‐zero accountability for police and prosecutors. 1. Unconstitutional overcriminalization.
Why justice delayed is justice denied?
William Edward Gladstone (the former PM of England) cited the phrase Justice delayed is Justice Denied this phrase means if justice is not carried out at right time then even if it is carried out later it is not real justice, because when there was demand of justice there was lack of justice.
Which legal system is followed in India?
India has a federal judicial system which is primarily based on mixed law i.e. based on parliamentary legislature, court laws, customary & religious laws as well. The Indian Judicial System is developed by judges through their decisions, orders, and judgments.
What I found challenging in judiciary?
Recruitment Delays: The posts in the judiciary are not filled up as expeditiously as required. For a country as populous as 135 million, the total strength of judges is only around 25000. Almost 400 posts are vacant in the high courts. Around 35% of the posts are lying vacant in the lower judiciary.
What is the rank of India in World justice Project?
India has ranked 79 out of 139 countries and jurisdictions in the World Justice Project’s (WJP) Rule of Law Index 2021.
Which country has best law?
Denmark, Norway, and Finland topped the WJP Rule of Law Index rankings in 2020. Venezuela, Cambodia, and DR Congo had the lowest overall rule of law scores—the same as in 2019.
Which country has the most powerful judiciary?
“Today, the Indian judiciary is one of the most powerful judiciary in the world, because there is a power of judicial review.