Question 11GS2GS2
एक दुष्परिणामी आपराधिक न्याय प्रणाली, सुचिंतित कानून की अपूर्णता और आसान विषोधकता की क्षमा को भारतीय न्यायपालिका के लिए नई चुनौतियों के रूप में देखा जा रहा है। चर्चा कीजिए।
Main Body
As per National Judicial Data Grid, currently around 94 case cases are pending at 3 levels of judiciary involved.
Absence of well-considered laws batting:
1Adds to pendency of cases which provisions cases.
2Infringes upon fundamental rights of accused and hence judiciary must patronage law and procedure (Section 66A of IT Act in Shreya Singhal case)
3Need for Domain Justice
1Arises of judicial zenith are undergoing crisis as primary under Petitioning law, (NCRB [2019])
2Overcrowded prisons (130%+ as per NCRB) unless hands → unhygienic conditions, physical and mental wellbeing affected.
3Understaffing in police and system (~5000 vacant posts)
Way Forward
1Early adoption of technology in courts through FASTER system, e-courts using modes etc.
2Maligned admitted recommendations:- Uniform bail application policy with greater use of Nyay Panchayat for quicker case resolution for better case (civil) and police
3Creation of alt-India Prison Services as recommended by AN Mulla Committee.
4Sensitization, better investigation featuring upgradation of scientific facility among police & Forensic practice.
5Prevention of description and greater accountability among judiciary (Q: Begin Principles I Judicial conduct.
We must remember Right to Speedy Trial is fundamental right and above steps must be implemented at earliest.
environment is seen in MC Public case for
2Judicial activism requires judiciary to have expertise or else leads to inefficient judgements.
3: Readlines for BS-VI engines has extended numerous times as it had advisory.
Dysfunctional criminal justice system:
1High number of undertrials → currently 8/10 prisoners are undertrials → NCRB (2019)
2Overcrowded prisons (130%+ as per NCRB) unless hands → unhygienic conditions, physical and mental wellbeing affected.
3Understaffing in police and system (~5000 vacant posts)
Way Forward:
1Changes to authority that decide upon disqualification:-
ECI: by Governor at recommendation of ECI
2nd ARC: by election commission
Supreme Court: by independent talent.
2Allow room for democratic debates through increased and efficient functioning of parliament.
3Promote intra party democracy as recommended by law commission.
4For a time-frame for decisions upon disqualification.
5Clarity and consistency upon application of paragraph IV definition.
Academic auditing of X+6 schedule by supreme court or independent commission is necessary to protect law spirit of representative democracy.
372 words8 paragraphs3 bullet points
Examiner score
0.5/10Open original scan
Page 21
Topper
Hrishikesh Rajendra
AIR 612024
Subject & Paper
GS2GS2
Topic
Separation of Powers and Dispute Redressal Mechanisms
Dispute Redressal Mechanisms
Challenges in Criminal Justice System
Writing Stats
372
Total words
8
Paragraphs
3
Bullets
analytical
Tone