Monday 10 August 2015

Time Bound Judiciary, India’s Need!

India has an independent judiciary with Supreme Court of India at its apex. Supreme Court of India is also responsible for interpreting the Constitution of India. Any law passed by the Parliament of India or by any state legislature can be considered unconstitutional if Supreme Court of India considers it going against the basic structure of Constitution of India, again, it is Supreme Court of India which decides what the basic structure of the Constitution of India is. Such is the power of our judiciary.

Indians look to judiciary as a solace against governments, many of which had taken unconstitutional stands from time to time; it was our judiciary which bought relief to us. Judiciary in India is responsible for dispensing justice to one and all against any injustice done to them.

But 120 crore Indians are well aware of the speed of judiciary in India, it in many cases had crossed the normal human life span, we can never call such a scenario as a proper judicial system. A person filing case against any wrong done to him, a person involved in relieving oneself from any accusation in which the person is not involved; people involved in numerous cases ranging from family matters to terrorism all have one thing in common, they have to wait, till when, we don’t know



Any judicial procedure which crosses normal human lifespan is meaningless. A person involved in any case which took 30 years, 25 years, 20 years, would we call it justice? A senior person aged 60 years, 70 years, 80 years would have to think whether to file a case which will take 20, 30 more years or better to accept any wrong done to him because normally that person is not left with 20, 30 more years to live, considering the normal human life span! 




We must at earliest, put a time boundary on all sections of any acts which are in continuity or which would come up in future. For example, all sections of Indian Penal Code should be consolidated with proper time frame; that is, say section 420 dealing with cheating be consolidated with maximum two years, 376 dealing with Rape be consolidated with maximum three years, 302 dealing with murder be consolidated with maximum five years and so on. Even, the same should be done with acts relating with inheritance, compensation rights, consumer rights etc.

Any law which doesn’t include time boundary in its sections and clause should be considered un-constitutional. Our Judicial machinery is three tier, lower courts then to High Courts and then finally to Supreme Court. The time frame talked about should cover all three phases; as an example, in five years even Supreme Court’s hearing for a case involving IPC section 302 be completed.

I appeal to Honourable Supreme Court of India to ask the Parliament of India to legislate an act which proposes to bring all acts current and future ones to be consolidated with time frame in their various sections.

Please vote on the page to show you support the cause! 



No comments:

Post a Comment