STRUCTURAL REFORMS FOR OVERCOMING DELAYS IN JUSTICE DELIVERY

Abstract

In India Judicial Delay is such a problem which is recognized in 20^th Century only, but taking changes is yet to take place in 2017. Various committees have been set up in past for the recommendations to perform a judicial reform, various judgment has been propounded, various enactments have been take place but the situation of justice delivery system  remains same in 2017 as it was in 20^th Century. Indian judiciary system has been suffering from corruption. This paper emphatically analyses some strongest reformation on the Judicial system, which is based on the cardinal principles of fairness, transparency and Human Rights. These principles underlying criminal law, criminal justice system in India and it is utmost necessary to realize that it has failed in attainment of these objectives in reality. The reason in failing to satisfy the basic principles of justice system does not lie in its purposes or objects, but in proper handling and managing. The problem is embedded in the ineffective mechanism and apathetic officials entrusted with its implementation. The main problem before judicial system is delayed disposal of cases – ‘Justice delayed is denial of justice’ is basic principle of criminal law and based on concept of fairness in criminal trial. Paper has categorically mentioned several judicial and statutory mechanism regarding judicial delay and concern for speedy and fair trial. Speedy trial is essential in order to gain public confidence in criminal justice system. Researchers has paid due attention towards several facets of ADR and its application in Indian context. Researchers at several parts of paper have given analytical reviews based on case laws and decisions of federal courts and distinguished jurists. In State of Maharashtra v. Champalal Punjafishah the court observed that: “The right to speedy trial is implicit in the right to fair trial which has been held to be part of the right to the life and liberty guaranteed by Art. 21 of the Constitution of India, 1950. A delayed trial is necessarily an unfair trial if nothing is shown.” For coping the problem of criminality and crime waves it is desirable that guilty person should be punished without any delay. Apart from this interest of society, the question of life and death of accused lies and in addition to this the rights and interests of aggrieved person is no matter less important in criminal cases. For proper administration of justice and tackling the problem of criminality in the society, speedy disposal of cases are very crucial. In India, the right to speedy trial has now been recognized as fundamental right enshrined in Art. 21 of Constitution of India. Authors in this literature have paid much attention on practical facet of judicial administration as they have deliberated strongly with certain ideas like Judgeship Gap, Case Management, deregulating Legal Service Market etc