Functioning of Indian courts and litigants’ right to justice: a critical reflection on norms and practice

Abstract

As per the constitutional mandate judiciary is crafted as an independent organ of the government and it is considered as trustee of last hope of the people. However, the efficiency of the working of courts are always questioned. Albeit the institution of judiciary is placed on higher echelon in India yet administrative conduct of the Indian Judiciary is viewed with suspicion and in common man perception it is an institution of elite or richer class. This paper is an attempt to unearth what forces are obstructing, or working as a barrier in achieving the goal set by preamble of the Indian Constitution and preventing implementation of statutory obligations relating to speedy justice and tries to analyze how despite government effort; latent favour to elite became norms? Why in perception of the litigants the norms of courts conduct and prompt action is alleged as tilted in favour of rich? From top to bottom almost every section of the people in India raised concern with regards to functioning of courts. The researcher has tried to analyze the scope and nature of people’s aspirations and actual functioning of rule of law in reference to right to speedy justice which is not merely an ideal of the constitution but a tool to render complete justice to all.