Question 15GS2GS2

A dysfunctional criminal justice system, absence of well-considered legislation and need for domain expertise, are being seen as the impediments to the CJI legislation for the Indian judiciary. Discuss.

Main Body

A dysfunctional criminal justice system, absence of well-considered legislation and need for domain expertise, are being seen as the impediments to the CJI legislation for the Indian judiciary. Discuss. (250 words) 15 India follows a Colonial era criminal justice system with focus more on jail not bail as the rule. Challenges for Judiciary I Dysfunctional Criminal Justice System (1) Colonial era provisions (2) Jail not bail as undertaking principle (3) High pendency at cases (4.7 crore pending cases) (4) High number of undertrials in jail (67%. plus under trial) (5) Non-conducive provision & exemption in legal system

2Absence of well considered legislation i Loose ordering up before court ii NJAC, CMA, J&K Bill 2019 iii Passing law by legislature in haste - PSO lower buildings (40 in 2021 from 120 in 1947) - Money bill route do bypass Rajya Sabha (3) Non-regulation of certain crimes by legislature - Marital Rape (4) Providing rights to vulnerable - LGBTQ+ marriage recognition (3) Need for domain expertise i Complex issues before court like crypto currency lpm, stock market scam ii Judges does not know nully guilty of time nuances of judgment iii Increase in specialisation due to technology & globalisation required specialized domain expend Way forward → Reforming criminal justice system 'bail not pill' a rule (2nd ARC) → Creating specialized tribunals for subs of expertise via NGIT - → Capacity building and training of law judicial officers → Only passing laws after due consideration New era of technology will bring new problems for judiciary. Proper capacity building and specialised expertise way forward.

261 words1 paragraphs

Conclusion

New era of technology will bring new problems for judiciary. Proper capacity building and specialised expertise way forward.

18 words

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Page 33

Topper

Pakshal Secretary

AIR 82071

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

Criminal justice system and CJI legislation

Writing Stats

279

Total words

Paragraphs

prescriptive with recommendations

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