The IUP Journal of Law Review
The Importance of Structural Reforms for an Efficient Indian Judiciary

Article Details
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
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No. of Pages : 15

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Abstract

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.


Introduction

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


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