Do you think effective judiciary and army are important element of an ideal system of administration
Answers
The most important understanding of the judicial process requires us to think about more than formal law and procedure. The first question which often comes in one mind after analysing the topic is what do you exactly mean by critical analysis of judicial process? Is it merely a statement of criticism or something beyond the imagination of one’s thinking? However, if we closely analyse our present topic, then all the doubts become crystal clear because sixty two years after independence, the entire judicial system is on the verge of collapse. While the superior courts have earned praise from citizens for intervening in citizen’s concerns raised through public interest petitions, only those with resources or cunning can hope to get ordinary justice. Over three crore cases are presently pending in various courts. In most cases, citizens have little hope of getting justice in their lifetime. Corruption and abuse of court processes are rampant.
So, what exactly Judicial process is?
Everything done by judge in the process of delivery of justice is called Judicial Process .It basically confines itself to the study of “is” to “ought” of the law.
Or,
Judicial process is basically “whole complex phenomenon of court working” and what went wrong with this phenomenon is the issue in my current project.
1 The judiciary is one of the pillars on which the edifice of the constitution is built. It is the guiding pillar of democracy, what is happening inside it is a fascinating study. Its logbook shows that often the judgments of the Apex court degenerated into a dismal failure. There are many self inflicted wounds. This is the story of 59 years of the Supreme Court.
Speaking of the Supreme Court of United States of America, Jackson J., of the court said,
“ we are final, not because we are infallible, we are infallible because we are final.” The judgments of the Supreme Court are final but not infallible. They require constructive criticism, especially to take them out of the morass of alien concept and ideas foreign to the land and culture. The Supreme Court is virtually the proverbial ivory tower, with the judges sitting on the top. Disturbed by some of its judgments, Pt. Nehru once said in a diatribe, “judges of the Supreme Court sits on ivory towers, far removed from ordinary men and know nothing about them.” The Supreme Court is sometimes said to be beyond the reach of a common person.
Now, a question arises;
What is justice? Is an age long question since the beginning of civilization? It is an elusive term. What appears justice to one person and from one viewpoint may be injustice to another or in another prospective. We cannot have such elusive concept as a yardstick. There must always be some objectives test to form a foundation of just society. Jurisprudence formulates that test as “justice according to rules”[1]. Therefore, W. Freidmann said, “justice is an irrational concept”. He concludes that justice as a generally valid concept is the goal to which every order aspires as a “purposeful enterprise”.