IJFANS International Journal of Food and Nutritional Sciences

ISSN PRINT 2319 1775 Online 2320-7876

INDIAN JUDICIARY AND NEED TO ALTERNATIVE METHODS OF JUSTICE

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Dr Kavita, Dr mayank Pratap

Abstract

ABSTRACT: The judiciary is expected to be the guardian of the Constitution and is supposed to protect the fundamental rights of the people and implement the rule of law. In our country, the judiciary have set very high standards in protecting the citizen’s rights.. People look to the judiciary no less than God. But now a days, what is wrong with our courts that they have lost their credibility and prestige. The problem of delay and the accumulation of huge arrears of cases both in the lower-courts, the High Courts, and the Supreme Court have assumed serious dimensions and invited a lot of criticism of the entire legal system. It is big challenge for the common man to approach the Court for justice because they lacked the awareness, assertiveness, non-regulated high fee of lawyers and access to the machinery required to enforce their constitutional and legal rights. It is a danger signal for Indian judiciary. Once an impression prevails that justice is a purchasable commodity and those who administer it can be tempted, the common man would be left with no forum to look for redress of the grievances. There is nothing which rankles in the human so such as a brooding sense of injustice. for the fair and speedy justice system should adopt some alternative, which doesn’t mean alternative to the court but to the court procedure. Alternative Disputes Resolution is a mode of resolution of disputes through arbitration, conciliation or mediation which provides an alternative route for resolution of disputes instead of resolution of such disputes through courts. The principle of ADR are successfully adopted in the Indian Legal System as an alternative to the justice delivery system.

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