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Neeharika Chauhan*
ABSTRACT:
Delay in judiciary is one of the few deadliest illness that a judiciary can suffer from. Even in the presence of the advanced democratic laws, a judiciary can fail in providing justice, if not given in time. Indian judiciary is already a victim to this. It lies immensely far behind the current cases and the said number is increasing day by day. Many factors exist which lead to delay in procedures. Various committees over the years have been established to deal with this problems and give solutions, like the Malimath committee, but unfortunately these steps failed.
In this paper, the author has discussed these factors, categorised into procedurals and substantial factors. Procedural delays are delays which exist due to lengthy and complex procedures and procedural laws, whereas substantial factors are existing problems of infrastructure, lack of judges, etc. Further a brief comparison is made to the American judicial system, where also similar situations exist but, are less problematic than the Indian scenario. Thus, by making a comparison, we understand the certain measures which are taken up to eradicate the problem. Further, a few suggestions so as to curb this problem are also given, which have been heavily inspired from the recommendations by the Malimath committee.
The author will try to answer the question of why despite all these steps taken in the past, the problem of delay still prevails.
Publication date and year: 1st March 2021
DOI link: https://doi.org/10.59126/v1i1a14
Preferred Citation: Neeharika Chauhan, DELAY IN PROCEDURES LEADING TO MISCARRIAGE OF JUSTICE, Vol. I-I, 180-193 (2021).
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* Student of 2nd Year LLB (H.) Amity Law School Noida. Email id : chauhanneeharika@gmail.com