Nuanced Understanding of the Indian Legal System

ABOUT THE BLOG 

This blog mainly focuses on discussing the Indian legal system. The entire blog revolves around three key questions. First, what does a "system" really mean? Second, what is the legal system in general, and lastly, I will discuss the nuances of the Indian legal system.

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WHAT IS A SYSTEM?

In simple terms, a system is like a set of rules or a specific way of doing things. In the legal context, a system is how we set goals and outcomes to achieve what we want, especially justice. Law doesn’t operate in a vacuum; it operates in public. This means that laws are for everyone, not just one person. For a proper legal system, laws should serve the needs of the public, and people should follow these laws.

THE RELATIONSHIP BETWEEN THE LEGAL SYSTEM AND JUSTICE

Rules that apply to everyone in society and are meant to achieve justice define a legal system. Justice is a bit like a personal opinion—it depends on what we think is unfair or unjust. Some people see justice as peace, where you focus on your goals despite problems around you. However, in my opinion, peace is when things go smoothly according to my own wishes. If something goes against my wishes, it disrupts my peace, and I want things to be fixed. Similarly, in the legal system, if everything is going smoothly, it's perfect. But if there's a problem, we need to fix it, either by removing the issue or punishing it. This way, peace is restored, and real justice is done.

Some people think that to achieve peace, conformity with social order is important. But from my point of view, conforming to social order might seem peaceful to others, but for the person conforming, it could be due to peer pressure or force. In legal terms, a sense of justice brings peace, which includes balance, fairness, and equality in society.

NUANCES OF THE INDIAN LEGAL SYSTEM

When we think about the Indian legal system, the first thing that comes to mind is the constitution. The constitution is like the foundation of all laws in our society. The goals of the legal system are written in the preamble of the constitution, and it's essential for the legal system to align with the constitution for it to work well.

There are also some drawbacks in the Indian legal system. Due to a lack of awareness, many people can't access justice easily. There are also issues with judges' efficiency and a backlog of pending cases. Like everything else, the legal system isn't perfect; it has its positives and negatives. The key is to be aware and knowledgeable so that we can help people attain justice.

The Supreme Court acts as the guardian of the constitution. There's an ongoing tug-of-war between the Supreme Court and Parliament. While the constitution declares the people, democracy, or the government as supreme, in reality, the Supreme Court holds the highest authority. This is because we follow the doctrine of constitutional supremacy. Unlike the USA or England, where the government has more power, the Indian Supreme Court can limit the government's authority by reviewing constitutional amendments made by Parliament.

CONCLUSION

In essence, this blog provides a nuanced understanding of the Indian legal system, acknowledging its strengths and weaknesses, and emphasizes the importance of awareness, knowledge, and a sense of justice in fostering a system that aligns with constitutional principles.