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federal and unitary structure
The Constitution of India is quasi – federal where it has some federal characteristics and some unitary characteristics. In theory, it establishes a federal system by dividing powers between the central and state governments through three distinct lists in the Seventh Schedule: the three lists namelRead more
The Constitution of India is quasi – federal where it has some federal characteristics and some unitary characteristics. In theory, it establishes a federal system by dividing powers between the central and state governments through three distinct lists in the Seventh Schedule: the three lists namely the Union List, Stated List and Concurrent list. From this division, there seems to be a clear cuts federal structure guaranteeing that states are sovereign with regard to some issues. But in fact it can be seen that the constitution of Indian is has a tilt towards the unitary form. Some of these characteristic include; The Concurrent List that allows the central government to override the state laws, Article 356 giving the central government the power to dismiss state governments, Financial control and emergency powers are centralized, all of which show the unitary nature. Further, constitution provides the single constitution single citizenship and the power of the Parliament to redraw state boundaries to illustrate central dominance. Another feature depicts the structural aspect of unitary state that is the central government exercise of prerogatives in sensitive sectors such as defense, foreign affair, and communication, besides the Governor, being the representative of President in the state. Hence having federal structure at the constitution level the political system of India can be defined predominantly unitary due to centralisation of powers with the central government.
See lesswhat are the modes of settlement outside the courts in India? why the use of these methods are largely suggested by courts these days to the parties ?
In India, alternative dispute resolution (ADR) methods such as arbitration, mediation, conciliation, Lok Adalats, negotiation, and settlement through ombudsman offer effective means to settle disputes outside the traditional court system. These methods are increasingly recommended by courts to allevRead more
In India, alternative dispute resolution (ADR) methods such as arbitration, mediation, conciliation, Lok Adalats, negotiation, and settlement through ombudsman offer effective means to settle disputes outside the traditional court system. These methods are increasingly recommended by courts to alleviate the heavy backlog of cases, ensuring a more efficient judicial process. ADR mechanisms provide quicker resolutions compared to lengthy litigation, and are generally more cost-effective, making them accessible to a broader population. Additionally, ADR processes maintain confidentiality, protecting sensitive information, and often help preserve personal and business relationships through collaborative, non-adversarial approaches. The flexibility of ADR procedures, tailored to the specific needs of the parties involved, further enhances their appeal. Consequently, courts advocate for ADR to foster timely, amicable, and less costly dispute resolutions.
See lessWhat are the major changes in new criminal laws of India? What are the major controversies out there?
The new criminal laws in India, encapsulated in the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), introduce several significant changes:The new criminal laws in India, encapsulated in the Bharatiya Nyaya Sanhita (BNS), Bharatiya NagaRead more
The new criminal laws in India, encapsulated in the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), introduce several significant changes:The new criminal laws in India, encapsulated in the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), introduce several significant changes:
### Major Changes
1. **Simplification and Modernization**: The above new laws relate to the attempts to streamline the legal environment, deregulate it and make appropriate adjustments to the current legislation.
2. **Victim-Centered Approach**: Deeper commitment to the rights and assistance for victims as well as their compensation.
3. **Witness Protection**: Better protection laws for the witnesses so that the witnesses could be trusted and could provide their statements safely.
4. **Digitization and Efficiency**: Higher use of digital workflow and shorter time of case handling.
5. **Revised Penal Provisions**: New descriptions and severity of penalties on different offences as well as new classes of criminal activities.
6. **Abolition of Archaic Laws**: As the slavish imitations of the colonial structure are no longer appropriate for the modern societies, many sections of laws containing colonial relics are undergoing change on social grounds.
### Major Controversies
1. **Implementation Challenges**: Fears regarding the applicability of the new laws pres on the current existing structures and resource available in implementing centers.
2. **Potential for Misuse**: Concerns are raised over the abuse of provisions and it is again the national security and public order section that draws much criticism.
3. **Privacy Concerns**: The provisions concerning surveillance and data collection contribute to the privacy concerns and ideas of state intrusion.
4. **Ambiguity and Interpretation**: Some provisions are considered vague to the extent that different actions may be taken on them and therefore may be violated or enforced differently.
5. **Adequate Training**: Overcoming probable shortcoming in implementing the new laws and ensuring that members of the law enforcement agencies and judicial systems are properly equipped to implement the laws.
It is clear that the new criminal laws have tried to introduce a more efficient and fair justice system, but the problem is with the methods used in implementing them, misunderstanding in perverting them into the opposite of what they are intended to be, and offences against the right to privacy.
See lessWhat are the impact of Bhartiya Nyaya Sanhita , Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam specifically which could focus on victim centered approach ?
The BNS, BNSS and BSA combined are seeking to reform criminal justice system of India and cover a modern criminal Justice System of India for victimized person. ### Bharatiya Nyaya Sanhita (BNS) 1. **Enhanced Victim Rights**: BNS make provisions for the participation and protection of the victims inRead more
The BNS, BNSS and BSA combined are seeking to reform criminal justice system of India and cover a modern criminal Justice System of India for victimized person.
### Bharatiya Nyaya Sanhita (BNS)
1. **Enhanced Victim Rights**: BNS make provisions for the participation and protection of the victims in the justice systems especially in acts of enhancement of the rights given to the victims.
2. **Compensation and Support**: Employers should pay much attention to early compensation and psychosocial care especially for victims in the grievous offenses.
### Bharatiya Nagarik Suraksha Sanhita (BNSS)
1. **Witness Protection**: BNSS poses a lot of importance in the protection of the witnesses necessary in the protection of the victims willing to testify.
2. **Victim Assistance**: Setting up of programs that would help the victims through offering them a legal representation or counseling.
### Bharatiya Sakshya Adhiniyam (BSA)
1. **Simplified Evidence Procedures**: BSA is keen to lessen the various processes that are used in offering proofs, the more with a view of diminishing the agony that victims undergo while in trials.
2. **Victim Testimonies**: Safeguards of the Victim’s Testimonies so that the ordeal the Victims undertake while undergoing the judicial process is minimized.
### Impact
1. **Victim Empowerment**: These reforms taken as a whole all protect and assert the rights of the victims and guarantee that their input will be heard in their case.
2. **Speedy Justice**: Efficiency of procedures and improvement in the protection mechanisms are meant to advance trials and bring justice to the victims.
3. **Holistic Support**: Financial, legal, and psychological assistance to the victims also increase humane treatment of the offenders.
In general, numeration of laws with an emphasis on the protection of victims indicates the governments’ willingness to build a more sensitive and effective justice system
See lessCritically examine the role of Lok Adalats?
Coming to judiciary, People’ Court, or Lok Adalats, essentially contribute to the process of judicial disposal in India as it offers an opportunity for an out of court settlement. They are Outlet under the Legal Services Authorities Act, 1987 and their function is to ease the real courts’ pressure aRead more
Coming to judiciary, People’ Court, or Lok Adalats, essentially contribute to the process of judicial disposal in India as it offers an opportunity for an out of court settlement. They are Outlet under the Legal Services Authorities Act, 1987 and their function is to ease the real courts’ pressure and provide the parties with a cheap and quick means for the solution of their disputes.
### Role of Lok Adalats
1. **Expeditious Resolution**: Lok Adalats meaning local authorities help in delivery of justice since the cases are solved with the aid of consent of the parties which helps in minimizing the number of cases that remain pending in the court.
2. **Cost-Effective**: They do not demand any court charges hence cost effective for the economically challenged persons.
3. **Accessibility**: Lok Adalats work at the National, State, District, and taluk level and this strategy will help deliver justice to the populace especially in the rural areas.
4. **Relief to Overburdened Courts**: Thus, through the given function of disposing off the cases without referring to the traditional court, Lok Adalats ease the workload of the traditional courts.
5. **Flexibility and Informality**: It is also less formal and mainly non-accusatory which promotes more out of court settlements without strict process formalities.
### Criticisms
1. **Limited Jurisdiction**: Despite its effectiveness in solving disputes and the percentage of cases disposed off, Lok Adalats are restricted in the kind of cases they can deal with therefore have a limited effort on the judiciary.
2. **Quality of Justice**: This seems especially true when the emphasis is placed on compromise; this may lead to decisions that may favor a settlement at the costs of equity sometimes to the total detriment of one party.
3. **Voluntary Nature**: It must be arrived at by agreement of both parties – this may not always be possible especially in disputes.
All the same, Lok Adalats do have a noteworthy positive impact on reducing judicial congestions and providing greater populations with justice, though certain issues as regards the sphere of its activity ad some doubts about the quality of the settlements made may be stated.
See lessCritically examine the role of Lok Adalats?
Coming to judiciary, People’ Court, or Lok Adalats, essentially contribute to the process of judicial disposal in India as it offers an opportunity for an out of court settlement. They are Outlet under the Legal Services Authorities Act, 1987 and their function is to ease the real courts’ pressure aRead more
Coming to judiciary, People’ Court, or Lok Adalats, essentially contribute to the process of judicial disposal in India as it offers an opportunity for an out of court settlement. They are Outlet under the Legal Services Authorities Act, 1987 and their function is to ease the real courts’ pressure and provide the parties with a cheap and quick means for the solution of their disputes.
### Role of Lok Adalats
1. **Expeditious Resolution**: Lok Adalats meaning local authorities help in delivery of justice since the cases are solved with the aid of consent of the parties which helps in minimizing the number of cases that remain pending in the court.
2. **Cost-Effective**: They do not demand any court charges hence cost effective for the economically challenged persons.
3. **Accessibility**: Lok Adalats work at the National, State, District, and taluk level and this strategy will help deliver justice to the populace especially in the rural areas.
4. **Relief to Overburdened Courts**: Thus, through the given function of disposing off the cases without referring to the traditional court, Lok Adalats ease the workload of the traditional courts.
5. **Flexibility and Informality**: It is also less formal and mainly non-accusatory which promotes more out of court settlements without strict process formalities.
### Criticisms
1. **Limited Jurisdiction**: Despite its effectiveness in solving disputes and the percentage of cases disposed off, Lok Adalats are restricted in the kind of cases they can deal with therefore have a limited effort on the judiciary.
2. **Quality of Justice**: This seems especially true when the emphasis is placed on compromise; this may lead to decisions that may favor a settlement at the costs of equity sometimes to the total detriment of one party.
3. **Voluntary Nature**: It must be arrived at by agreement of both parties – this may not always be possible especially in disputes.
All the same, Lok Adalats do have a noteworthy positive impact on reducing judicial congestions and providing greater populations with justice, though certain issues as regards the sphere of its activity ad some doubts about the quality of the settlements made may be stated.
See lessThe administration of justice is not limited to conviction of the guilty and acquittal of the innocent but also ensuring fair and speedy trial. In view of this, discuss the reasons behind increase in the number of undertrials in India and measures taken to ameliorate the issues faced by them.
The administration of justice in India faces challenges with increasing undertrials, who await trial in custody. Key reasons include judicial delays due to backlog and shortage of judges, inefficient and delayed investigations, stringent bail laws, socio-economic factors hindering access to legal reRead more
The administration of justice in India faces challenges with increasing undertrials, who await trial in custody. Key reasons include judicial delays due to backlog and shortage of judges, inefficient and delayed investigations, stringent bail laws, socio-economic factors hindering access to legal representation, and lack of legal awareness.Measures to Address Undertrial IssuesFast-Track Courts: Established to expedite trials for undertrials, quickly disposing of pending cases.Legal Aid Services: Under the Legal Services Authorities Act, 1987, free legal aid is provided to economically disadvantaged individuals, including representation for undertrials.Section 436A of CrPC: Allows release on personal bond if detention exceeds half the maximum sentence for the offense.Periodic Review Committees: High Courts mandate regular reviews of undertrial cases for potential release.Alternative Dispute Resolution (ADR): Mechanisms like plea bargaining and mediation facilitate quicker case resolutions.Digitization and Automation: Enhancing efficiency and tracking through digital case management systems.Judicial Reforms: Increasing judges and improving infrastructure to reduce case backlog, alongside training on human rights.Awareness Campaigns: Educating marginalized communities about their legal rights and bail procedures.A multifaceted approach is essential to uphold fair and speedy trials for all.
See less