Perfecting Your Harvard MBA Essay

The objective behind the justice system of India is aimed at improving and securing different lifestyles of common people on the basis of the rule of law, but the judiciary ought to rectify a number of aspects that undermine its transparency. Thus, the essay seeks to recommend reform initiatives in the justice system such as the promotion of accessibility and public awareness of the law, measures to reduce judicial corruption, enhancing effective functioning of the National Judicial Appointment Commission, creation of a uniform Civil Code, ensuring a speedy, transparent and affordable justice, advancing the judicial infrastructure, development of human resources in the judiciary and establishment of institutions such as the Judicial Service Commission, Performance Commission and Pear Bargaining system. The essay will also reveal different institutions that will be favoured by these reforms and victims as well, based on different interests.
A serious problem in need for rectification lays on the judiciary’s failure to promote public awareness, accessibility, free legal aid and education. The challenge to the success of this movement owes much to reluctance on spreading legal knowledge and service, that is people are unaware of the law and their rights. According to Sripriya. T, this is a huge problem that the ruling and powerful sector of the Indian society continue to ignore because the “lack of legal awareness leads to the exploitation and deprivation of rights and benefits of the poor”. Legal aid and public awareness of the law is a mandate for government and right for the people as stipulated in Amendment 42 of the 1976 Indian constitution in articles 21 and 39-A, and so the prime focus of judicial reform should be on equal distribution of elimination of social discrimination, operative instalment of welfare benefits and equal justice for the poor.
Moreover, in accordance with the Legal Services Authority Act of 1987 which from section 12(a) to (h) sets clear a guideline on the execution of free justice. Therefore, judicial assistance ought to guarantee that the constitutional pledge is achieved in the light of tolerance and equality that justice can be provided even to the downtrodden parts of the Indian society. In addition, there should be a depositary of the legal rights and the benefits of various schemes of the government and it should be easy for the common people. The victors of this reform would be primarily the masses of downtrodden Indians who are daily abused at the expense of their ignorance to the law and their rights.
A notable issue in the Indian justice system that needs reform is that of pendency of cases and an expensive system. Speedy cases are assured by the law under article 21 of the 42nd Amendment of the Indian Constitution and president Pranab Mukherjee in 2013 pointed out on the International Seminar on Recent Trends in Judicial Reforms, that there is need “to ensure speedy, transparent and affordable justice to the people”. According to Arun T.K “the problem is that India has one of the world’s largest number of undertrial prisoners, these people languish in prison not because they have been judged guilty but because they are being prosecuted on charges that are too severe to warrant them bail, or simply because they are too poor to obtain bail”.
Considering that ‘justice delayed is justice denied’, this issue calls for the government to act in a conclusive manner to end this system of delayed justice and inaccessibility to the less privileged. An ideal starting point would be announcing the establishment of new courts in all small districts and appoint thousands of new judges. The legislature can set time-standards which is essential as it be different with different cases and disposal capacities. This initiative would avoid postponement of cases and allow cases to reach speedy and effective verdicts for all. This reform would be to the expense of government funds and to the advantage of court personnel who would be relieved from the caseload and the incarcerated inmates.

The Indian judiciary is now a system infested by corruption and lack of accountability. The Transparency International attributed India’s corruption to mainly the lack of effectiveness of its functioning such as the delayal in disposing cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws”. More so, ex-judges usually get appointed into top government posts which questions the judiciary neutrality and that there is lack of strict regulations to hold accountable judicial personnel unmasked committing corruption. To the benefit of the few judicial officials there is reluctance in this reform. To meet the public’s plea against these injustices, the Indian government can probe the issue by implementing regulation bills and create systematic running of courts to clarify individual actions for judicial accountability. It can further rectify the matter by ensuring that no ex-judges or court personnel are appointed into top government jobs so as to enhance the independence and neutrality of the judiciary organ. This will satisfy the public on the transparency of the judiciary and expose corrupt judges.