Judicial Review: Perspective of a Constitutional Matters Advocate

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Judicial Review Perspective of a

• Constitutional Matters Advocate

Pacific Office Managium Juris, Infova 4th Floor,
Statesman House Building, Barakhamba Road,
Connaught Place, New Delhi-110001 (INDIA) ,
Tell-91 11 3044 64 89, Fax-91 11 3044 65 00
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Constitutional Matters Advocate

• In contemporary world when most of the oldest
  existing institutions of India have undergone the
  much needed overhauling to be in line with the
  newer challenges, Indian Judiciary lags far
  behind the pathways of precision, for it traces
  back its lineage to the Common Law System (CLS),
  which was provided by the British in the
  nineteenth century and still functions according
  to the set of precedents, traditions and ages old
  idea of justice. It becomes interestingly
  important that what exactly has made the legal
  system of India suffer from the ailments of
  inefficacy?

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Constitutional Matters Advocate

• An eminent lawyer of the Supreme Court, Kislay
  Pandey states, "Indian law happens to be a
  collective of colonial regime and its domestic
  adaptation for a newborn nation, which received
  baptism through Constitution when it was just
  five years old." Certainly there is a dire need
  of reviewing our entire judicial system and the
  legal apparatus which has fallen prey to the
  activity deficiency syndrome. Recent crusades
  against corruption have brought forward some
  technically difficult phrases like 'judicial
  accountability' 'judicial reforms' into the
  light and have justified the need of judicial
  review by framing stronger laws against
  corruption and the corrupt, which has ultimately
  made the masses aware of the law's worth in
  everyday life.
• The shortcomings in the functioning of Indian
  Judiciary have been well portrayed through the
  infamous scandals of recent time, namely 2G
  Spectrum, CWG, Adarsh Society, Cash for Vote,
  etc. all of these have been long pending for
  completion of inquiries and judicial probes
  thereafter, no justice has been done in such high
  profile scandals which involve big names from
  industry, politics bureaucracy arena. This
  clarifies the influence of extraneous elements
  over the judicial system process, and
  establishes their span of control too. The speed
  of trials can be very easily manipulated
  according to comfort of those in power, if they
  are allegedly involved, signifying the proverb,
  'innocent till proven guilty'.

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Constitutional Matters Advocate

• As someone rightly said, "A good lawyer knows the
  law a great lawyer knows the judge." justice is
  captive within the quagmires of judges pleasure
  completely, as our judicial system was initially
  framed by British, it still has traces of tyranny
  and being servile in nature. From the process of
  appointment of judges to different courts in
  order to institute a transparent structure of
  inquiry free from the legislative interference,
  to the removal of judges when found guilty, each
  and every step is too cumbersome and is being
  seen in the poor light of inability of the
  present political system to amend the legal
  system as per the requirement of the nation.
  While there has been a great deal of advancements
  and growth in the technologies, and the changes
  it has brought into the lifestyles of people
  today, the Indian Judicial System seems to be
  totally unaware of the ground realities. It
  wouldn't be a surprise if the prevailing system
  of administration of judiciary happens to be a
  totally irrelevant and inefficient with respect
  to the requirements of places and times.

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Constitutional Matters Advocate

• A number of legal experts, social activists,
  entrepreneurs and media persons, who had a close
  brush with the Indian Judiciary have always
  pointed towards the need of a clearly defined
  legal framework, which could carry out efficient
  disposal of cases. The Indian Judicial System and
  the Legal Framework have failed to keep up the
  pace with the rising population, dynamic societal
  structure, increasing laws and advancements in
  technology. It's ironical that the ruling
  machinery has long realized the drawbacks of the
  grievance redressing mechanism of Indian
  Judiciary, but hasn't taken any concrete steps to
  strengthen the process of lawmaking and spreading
  the broader message of justice and fairness for
  all. Like many other organizations and
  institutions, corruption in judiciary too is as
  rampant as anywhere else, as it lacks the
  presence of any in-house system of
  accountability, whatever are the existing
  mechanisms, and everything falls short of being
  effective. The third pillar of democracy, Media
  too, is afraid of being framed for contempt so
  often remains silent over such issues which need
  attention. The appointment impeachment of
  Judges continues to be a hard nut which couldn't
  be easily cracked and hence the supremacy of
  Judiciary is maintained in every case.

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Constitutional Matters Advocate

• Supreme Court advocates, too emphasize over the
  immediate overhauling of the judicial system so
  that law could come out from the ages old image
  of being blind and for worst, deaf. Equivocal
  judicial activism is the need of hour, which
  could take India to the frontline of judicially
  competent nations of the world so that the Indian
  Judicial System becomes free from all the
  shortcomings it presently suffers from.