Is there a Denial of Right to Access Justice through Law and Policy? Investigations into the working of Subordinate Courts in India

The system of judiciary in India is designed to insulate presiding officers from either political or social influences. Presiding officers of court are appointed not by the Executive, but their selection is based of merit in the state level examination, which prevents them from becoming a patron of Ruling Executive. These Presiding Officers play an important role in the administration of justice, as they interact daily with the general public who comes to the courts. The image of judiciary is thus projected to the common masses by them, and in turn on their intellectual, moral and personal qualities. There are some policies within the judicial system which were designed with aim to ensure impartiality among the judges but has led to un-intended consequences, leading of prolonging of cases at various stages of trial. The aim of author is to investigate these structural and policy issues which hamper the normal flow of cases and deny the citizens the right to speedy and effective trial.