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Indian Legal System

Justice delayed is justice denied

If one wants to judge the growth of any society, one must study its laws. Laws represent the needs, aspirations, norms, ethics, priority and maturity of the people. Ideally they should reflect the collective, intellectual and progressive will of the people. Since no society is inert, and social processes are constantly changing, a good legal system is one which ensures that laws acclimatize to the changing situations and ensure social good. For more than one decade, both developed and developing countries have engaged in ambitious economic reforms programs. Justice, law and human rights are fundamental prerequisites for economic and social development. Economic Growth cannot be separated from the corresponding improvement in Legal field. . In this context legal or judicial development could be seen as contributing to the overall growth of the country. Therefore the attempt to reinvent Indian legal system is a major contributor towards national development.
The main sources of law in India are the Constitution, statutes (legislation), customary law and case law. The statutes are enacted by Parliament, State legislatures and Union Territory legislatures. Because India is a land of diversity, local traditions and conventions that are not against statute or morality or otherwise undesirable are, to a limited extent, also recognized and taken into account by the courts while they administer justice in certain spheres. Also, people of different religions and traditions are governed by different sets of personal law with respect to matters relating to family affairs. A unique feature of the India Constitution is the judicial system. A single integrated system of courts administers both Union and State laws. The Supreme Court of India, seated in New Delhi, is the highest body in the entire judicial system. Each state or a group of states has a High Court under which there is a hierarchy of subordinate courts. The Chief Justice and the other judges of the Supreme Court are appointed by the President. The Supreme Court has original, appellate and advisory jurisdiction. Its original jurisdiction extends to the enforcement of fundamental rights given by the Constitution and to any dispute among States and the Government of India. The decisions of the Supreme Court are binding on all courts within the territory of India. While the judicial process is considered fair, there is a large backlog of cases which results in considerable delay before a case is decided. This is due to lack of full strength of Judges in the courts at all levels. This feature of our Legal System can be improved by appointing more Judges.
For any legal system to be effective, it requires intelligent feedback and criticism. In India, earlier people used to hesitate in voicing their views but now they are aware of their legal rights and therefore do not hesitate in expressing their views regarding the legal system. This is a healthy practice as it does not isolate the legal system from the people. Earlier for any person law was confined to court rooms and lawyers' offices. But now the situation has changed and people have realized that law affects our everyday lives and more importantly, we can and should turn to the legal system to enforce our rights. India is one of the biggest democracies and this is reflected from our Legal system. In our legal system even a common man can approach the highest court of the country i.e. the Supreme Court for redressal of his grievances whereas in USA, the Supreme Court is accessible to only a few people.
Even now our legal system is such that it is being used mainly by the rich and the powerful to obtain unlawful gains for themselves, but now this is also undergoing a sea change. The masses are now very much aware of their legal rights and hence are better equipped to fight for their legal rights. Now more and more people are using the legal system to fight injustice and making it an instrument of social justice and wellbeing for the masses. For example the recent Manu Sharma and Jessica Lal's case created a furore in the country and has forced the legislature to make necessary changes in the legal system and hence improve it further.
Earlier the Legal system was not as well equipped to handle issues arising out of possible disputes between the MNCs and those of domestic industries and therefore stress was laid on the need for a new legal system in India. To encourage trade and industry the Indian Legal system has to improve and it has to be thrown open to the international market. Though attempts have been made towards this direction it will still take some time for the Indian Legal system to reach a high level in the international arena. Reinventing the Indian legal system can provide an enabling environment for achieving economic growth
as well as global recognition. A well-functioning legal and judicial system will be effective in encouraging investment as it will provide security to an investor. It will also lead to the efficient use of resources and technology. But this can be achieved not only by improving the Legal system but also the enforcement agencies. No matter how good is a country's legislation, it will not stand up by itself.
It is reiterated that the economic growth of any country will greatly revolve around a tough, strong and effective judicial system. In order to achieve this, ways and methods have to be found to reform the legal and judicial systems which will help in development and evolution of the Indian economy. One way is to establish Specialized Courts for adjudicating commercial or economic disputes like they have in the UK and USA. This helps in stream-lining procedures which further reduces delays in the Legal system. Efforts should be made to solve disputes arising out of investment agreements, specially regarding foreign investors, through conciliation and arbitration. India has also upgraded its legal system to handle patent related litigation and to allow patent in all areas of technology.
There are still too many laws which have outlived their utility and need to be changed and reformed. There are still too many loopholes in the legal system which need to be plugged. The legal system needs to be transparent and autonomous so as to attract more investors. These changes are taking place in the Indian legal system but we still have a long way to go.
The hope of the Indian masses does not lie in the legal system alone - that is obvious - but in their conscious awakening and battle for social and economic justice. Awareness of their legal rights however, can be an important encouraging force in this. Of late, many agencies and individuals are rising in different parts of the country to take up the cause of social change... and change for a more just India, where justice will not merely be talked about in scholarly discussions on the niceties of law, or written about in books which the masses can't read but actually lived and experienced by the majority of the people.

About the Author

She is a free-lance writer with special interest in legal field.

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Indian Salwar Suits Tie Dye Print Embroidery Cotton Womens Dress Size L

Indian Salwar Suits Tie Dye Print Embroidery Cotton Womens Dress Size L
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Karnataka on high alert, CM calls meeting - Mangalorean.com

Thu, 27 Nov 2008 14:06:12 GMT

Mangalorean.com

Karnataka on high alert, CM calls meeting
Mangalorean.com, India - Nov 27, 2008
The $4 billion company has development centres in Bangalore, Mysore, Mangalore, Chennai, Hyderabad and Pune, with over 110000 employees on its rolls. ...