#001 INDIAN LEGAL SYSTEM- some observations


Indian Judicial System seems to be carrying the Yoke of Balancing and Pulling the two conflicting forces in Indian Society today. The burdens and responsibilities on the Judicial System from ApexCourt (Supreme Court of India) to the Lowest Grassroot Level Court (Junion Civil Judge) have grown limitlessly. The culture of Corruption rampant in Political Administration and Bureaucratic Administration seeped into Judicial System also, resulting in a situation, where people have started losing hope even on Judiciary. Today, we are fortunate that people are not irretrievably disappointed with the Indian Judiciary, though there is substantial despondency, everywhere. This Blog aims to examine some of the Serious Problems which Indian Judiciary is facing today, and try to analyse some Solutions for resolving the problems.

CHARACTERISTIC FEATURES OF INDIAN LAW ENVIRONMENT


1. Dead Slow. 2. Existence of Touts. 3. Accumulation of decade old cases

DEVELOPMENTS IN INDIAN LEGAL ENVIRONMENT

NATIONAL JUDICIAL COUNCIL
JUDGES ENQUIRY BILL 2006

--To be introduced in Indian Parliament.
--Constitution of the National Judicial Council, that will go into complaints against the Judges of the Supreme Court and the High Court.

FOREIGN CONTRIBUTIONS (REGULATION) BILL 2006

--To be introduced in Parliament.
--Prohibits acceptance of foreign contributions/foreign hospitality for any activities detrimental to national interest.
--Bars receipt of foreign funding.
*Organisations of political nature, not being political parties.
*Mass Communication media handling news, current affairs.
*Includes cartoonists, columnists, correspondents, editors, owners of associations, companies.



GLOSSARY OF IMPORTANT TERMS USED BY INDIAN LAWYERS
BRIEF EXPLANATION
STARE DECISIS


The word Stare = 'stand on'. Decisis = 'stand on'. A custom of courts 'standing' on the 'previous decisions' i.e past case law precedents.



MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS BILL 2006

This bill is ready. Likely to be introduced in Parliament shortly.




CRIMINAL CONVICTION OF POLITICIANS

Politicians incite violence in public glare. Yet, nobody dares to depose against them, cautious of dire consequences to follow. Courts insist on evidence. Courts do not have the wherewithall to initiate investigation and collect evidence. When the Courts order the Government and the Police to investigate, they go slow, probably because there is a need to shield the politicians.



Courts direct the victims to delete allegations against politicians or produce evidence or face prosecution for making false allegations. Thus, victims have to swallow both the injury and the insult.

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