India is passing through a transitional phase. Old values are crumbling new values are forming. What earlier was considered blasphemous are now being considered sacred atleast by educated class people, this period is very uncomfortable and excruciating, so here comes into play the crucial role as to why these legal problem and their solutions should be taken into consideration.
Legal problem or defects in judicial system arises when there are certain loopholes in acts, statutes etc. The government consists of three basic organ i.e the legislature, executive and judiciary. When judiciary steps into the shoes of the legislature not to interpret the law but to change the law then it is considered judicial activism, which can play a very important role in solving legal problems.
The first and foremost problem which crops up is the backlog of pending cases. India has a population of about 1.2 billion people and the number of pending cases is more than 40 million. Not only that more than 4 million cases are pending in different high courts of India and more than 60 thousand cases are pending in supreme court of India. One of the peculiar aspect in this regard is that most of the cases are filed by the government of India. Hence the same need to be minimized. There should be a monetary threshold and below that monetary threshold no case should go for an appeal so that the piling up of cases could be reduced and justice could be rendered easily.
Second problem that the judicial system faces is the lack of transparency. We do have” Right to Information” act in India but never than less as far as quality of justice in subordinate courts is concerned i.e civil or district courts the same cannot be ascertained. Another problem with respect to this is the collegium system which is still prevent in the Supreme Court of India. Here the judges in the Supreme Court are appointed by the senior most judges. Hence the system is completely opaque in nature. The solution for the same has already been taken into consideration where in under 120th constitutional amendment bill which is the judicial appointment commission bill, the same has already been passed from the LokSabha but is still pending in the RajyaSabha. So the same needs to be taken into account.
Third problem in this regard is related with arbitration and concillation. These arbitration centres try to resolve the dispute prior before going to the court so that the piling up of cases could be reduced but as far as last two decades are taken into consideration these tribunals have taken recourse to the courts only and this has led to the piling up of cases. The solution for the same isalready mentioned in the arbitration and concillation act of 1996 where section 12 says that if there is any justifiable doubt then the same should be taken into consideration by the court.
We talked about the problems being faced by common people, hoi polloi or the masses concerned but there are certain codes, acts, statutes etc. which has jeopardise the wellbeing of legal system. One such example is the Labour laws. We have lots of law with respect to labour in India. We have Industrial dispute act, Factories act etc. In all these acts the terms labourers or employees are defined differently in different act. Hence the parliament should enact a law where in under a single act an accurate, concrete and specific definition should be given. So that equality could be maintained and equal justice could be rendered.
Legal problem should not be seen from the point where the air is crisp. It should be seen from the very grass root and then it should reach to the higher level.
As Dean Rosco Pound considers lawyers and judges to be the social engineers hence their wellbeing should also be taken into account. The kind of milieu or environment given to them is not apt or suitable for the working conditions and when I mention this I mean the judges and lawyers working in the subordinate courts i.e the lawyers working in the civil and district courts. Hence the same needs to be taken into account.
The days are gone when we use to say that India is a developing country. As far as the contemporary scenario is concerned India is trying to be at par with the developed nation and the same cannot be backed by the kind of legal problems that we are facing.
