(6) What were the defects in the British Judicial System?
Ans.
write the following 25-30 words
Answers
Answer:
Mark me as brain list
Explanation:
Defects In The Judicial System:
Even though the judiciary is separated from the legislature and the executive, it still faces the defects that are to be regulated; which are as follows:
1.Pendency of cases:
There are a huge number of cases that are pending in the courts all over the country. One of the reasons for this is the lack of judges. The vacancies are not filled and therefore there a huge number of cases that is pending. It takes years for a case to be decided which causes financial loss to the parties. They lose their faith in the judicial system.
2.Corruption:
The corruption is also found in the judiciary. The people in the judiciary are accountable to no one and therefore a huge amount of corruption takes place. The media also fails to bring into notice this type of corruption that takes place. It is rare that the judges are impeached due to their misbehavior. In 2011, the Calcutta High Court judge, SoumitraSen was the first judge to be impeached by the RajyaSabha on the accounts of misappropriation of funds.
3.No transparency in the appointment of judges:
The selection process and the appointment of judges is not a simple procedure that could be understood by a common man. There has to be some effort to make the appointment of the judges more transparent.
4.Under trail of the accused:
Sometimes, an innocent has to spend time in the prisons due to the slow procedure followed by the courts. The prisons are full of under trial and they have to wait till the final decision of the courts. This seriously affects their health and some of them end up spending more time in the prison than the actual period that could be awarded if found guilty. In HussainaraKhattonvs State of Bihar, It was held that there should be a speedy trial for all the under trial prisoners.
5.Lack of interaction courts and people:
For a judiciary; system to be successful, there has to be a transparency and the people should know the functioning of the judiciary. The people should have the knowledge of the proceedings that how a trial is conducted and what all process is followed by the courts.
Conclusion:
Therefore, the decisions given by the courts are no doubt in accordance with the law. But more efforts have to be made to bring about the transparency and to repose the confidence of a common man in the judicial system of the country.