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CIVIL JUDGE MAINS ESSAY | JUSTICE DELAYED IS JUSTICE DENIED | MADHYAPRADESH, DJS, HARYANA, RJS CIVIL JUDGE MAINS ESSAY

JUSTICE DELAYED IS JUSTICE DENIED

“Justice delayed is justice denied” is a legal maxim, which means that if legal remedy or any relief to an injured party is available, but is not upcoming in a timely fashion, it is effectively the same as having no remedy at all.

The famous quote “Justice delayed is justice denied” is quoted by Former British Prime Minister William Edward gladstone (1809-1898).There are 3 pillars of the country Legislature, executive and judiciary. Our constitution through Article 21 guarantees life and personal liberty to each and every citizen.

According to a survey almost 4 crore cases are pending in Indian courts, As per the data of April 2021 – Supreme court has 68 thousands, High courts have 58 lakh and Subordinate courts have 3.81 crores cases pending.

What is JUSTICE-

  • Guardian of civil rights.
  • Justice is shield of innocence.
  • Ultimate goal of constitution according to Preamble, Fundamental rights.

What are the Reasons of delayed justice ?

  1.  Lack of staff-

Indian courts have 20 judges per million population, which means we have only one judge over 50,000 people, whereas on the other hand developed countries like UK,USA have 500 judges per million population which means one judge over 2000 persons.

  • Old traditional system is followed-

When we visit courts, we will see the court rooms filled with lots and lots of files and mis management of data of the cases. And same the old traditional system followed by the judges.

  • No fixed time for the disposal of cases-

There is no fixed time for the judges to dispose off the matters, this creates even more pendency in the courts.

  • No code of duty for the lawyers.

There is no code of duty for the lawyers. Many times it is observed that they without any cause, they creates pendency.

  • Lack of legal expertise in many cases.

The lawyers must have chosen an expertise to fight a case, so as to help the judicial system removing the pendency.

     Suggestive measures –

  1. The system should be made online from subordinates to the apex, so that the judges, advocates and even the parties can have ease in every way which could be transportation or financial hurdles which they are facing in the traditional system.
  2. Every year judicial officers should be recruited and should be well skilled in handling cases not only in traditional way but to remove the judicial pendencies in a new way which could be virtual or any other.
  3. There must be one code for the advocates and judges.
  4. Free legal Aid.

To Conclude, Injustice anywhere is a threat to justice everywhere.

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