Justice Delivery System in India: Emerging Issues and Challenges

Abstract

            The two most essential functions of state is making of the laws and Administration of justice. If a state is incapable of performing these functions, it cannot be rightly called a state. Further, the concept of justice in a state is as old as evolution and growth of human society. Justice is a concept of moral rightness based on ethics, rationality, natural law, religion, equity and unbiased. Furthermore, justice delivery system is the process by which the legal system of government is executed. Justice delivery is one of the main objectives of the democracy. Even in ancient time, King was duty bound to deliver the justice to its subjects. But with the growth of time, the methods of justice delivery have been changed. There are mainly three organs of state i.e legislature, executive and judiciary and all these three organs draw their power from the Constitution, which is the Supreme Law. After implementation of Constitution, the judiciary has played a significant role. The main function of judiciary is to deliver justice to parties and check the validity of law. If the law is not in consonance with the constitution, then judiciary has the power to declare it null and void. The presumed goal of the Justice delivery system is to provide justice for all those accessing the legal system. In the present Research paper, the researcher has focused on the hierarchy of existing judiciary as well as the system of Indian courts. Also, the researcher briefly discusses the drawbacks in mode of justice delivery system operated by judiciary which is to be improved according to time.