| Pub. Date | : July 2021 |
|---|---|
| Product Name | : The IUP Journal of Law Review |
| Product Type | : Article |
| Product Code | : IJLR30721 |
| Author Name | : Kavitha Chalakkal and Anjali Prabhakaran |
| Availability | : YES |
| Subject/Domain | : Arts & Humanities |
| Download Format | : PDF Format |
| No. of Pages | : 15 |
The concept of structural reforms has become one of the keywords for a nation in its developmental policies and efforts. Structural reforms are the improvements triggered by public policies in a country's political, economic and social institutions, with the ultimate objective of increasing social welfare in a sustained way. This paper analyzes the structure of the Indian judiciary and identifies the major areas of structural weaknesses leading to judicial inefficiency, delay in delivery of justice and backlog of cases and how it impacts the rights to access to justice and the trade and developmental policies. The paper discusses the factors to be taken into consideration while formulating the structural reforms for the judiciary. The paper also looks into various law commission reports and the recommendations made thereunder for judicial reforms. The study further looks into the various aspects of strengthening the judiciary.
The concept of structural reforms has become one of the keywords for a nation in its
developmental policies and efforts. Structural reforms are the improvements triggered
by public policies in a country's political, economic and social institutions, with the
ultimate objective of increasing social welfare in a sustained way (Aguiar et al., 2017).
A narrow definition of the term structural reforms indicates the changes that could
improve the effectiveness and efficiency of the domestic institutions. However, as the
functioning of those institutions affects the creation and distribution of wealth, these
reforms have macroeconomic effects and, ultimately, social welfare. The laws will lose
their value if the legal system does not efficiently and adequately enforce them and
obtain a remedy for their violations. This requires an adaptable active judiciary which
is structurally coherent and active with efficient judicial process characterized by
consistency and constancy (Shetreet and Turenne, 2013). The courts are the most visible
feature of a judicial system and in modern-day, the tribunals have also acquired the
character of a court.
Judicial reforms are one of the most important reforms to be focused in a developing
country while planning its economic policies because it is majorly concerned with