The Judiciary which is the third organ of the government plays an important role in the administration of justice. Although there is an interconnection between the three organs, their roles and responsibilities are different.
The judiciary does not only solve the disputes but also protects the rights and liberties of individuals. The heart and soul of the Indian Constitution i.e. Article 21 include the right to a speedy trial. There are many under-trial prisoners, waiting for their dates to arrive so that their legal action can be started.
The justice delayed is the same as that of justice denied. Serving Justice late or beyond appropriate time is equal to denial of justice.
Causes for Delay of Justice
- Uncertainty
- Costs
Even after 70 plus years of Independence, the people are uncertain about the legal process which has to be followed to avail the justice. The second main reason for justice delayed is that of the cost which cannot be afforded by poor people. Though the constitution provides for the service of free legal aid to the poor people of the country still many people do not want to go to the Courts.
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When seen from the other side, the workload on the Indian Courts is increasing day by day. For settling the dispute in a limited period the Fast Track Courts are being established. The 11the Finance Commission has recommended increasing the number of Fast Track Courts to provide quick justice to the people. The government has also established these so that the victim should not go to physical and mental trauma again and again. The Lok Adalat, the Alternative Dispute Resolution Mechanisms are also trying to solve as many disputes as possible.
Steps taken
The legislature is also making new laws so that disputes can be resolved in a timely manner. As per Order 8 Rule 1 of Code of Civil Procedure, 1908, the defendant has to file a written statement. However, the defendant has to do this within the 30 days of the service of the summons/notice. If the defendant does not file it in the desired time period then reasons have to be provided in writing explaining the delay. But, it cannot be more than 90 days of the service of the summons.
It is the primary duty of the State to provide justice to each and every individual of the society irrespective of the caste, their financial stability, religion, etc.
For addressing such a big cause minor reasons also have to be kept in mind and they also have to be rectified. Judiciary is overloaded with work because the police officers who have to investigate the matters and be present before the Court on a regular basis do not give their presence on the required date, the party and the advocates do not appear on the prerequisite date and because of that, the disputes get adjourned to many numbers of dates, inadequate judicial infrastructure like not having enough space and stenographers also adds to the burden of the Courts. We have made a start in this direction, but have a long way to go.