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International Journal of
Law
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VOL. 6, ISSUE 4 (2020)
Role of judiciary during COVID-19 pandemic in India
Authors
S Sankar Ganesh, A Tamilarasi
Abstract
Legislature, Executive and Judiciary are the three pillars of Indian Democracy. They do not isolate but they function interdependently. The judicial system plays a crucial role. Though the Indian Constitution does not unambiguously discuss about the relation between these three powerful institutions through various provisions a system of ‘Checks and Balances’ has been established and there is a clear separation of powers. During this pandemic, the functioning of courts has changed drastically and most of the traditional things happening in and around courts have been put under severe pressure. Courts are functioning in India with limited resources and for emergency purposes. The present pandemic situation has impacted much in all in the environment, especially the judicial system. The justice delayed is the justice denied. The courts were not opened, and the counsels are not able to attend their clients and the authorities are not able to provide services to the public. The police excesses and custodial violence are happening throughout India because of this pandemic and because of limited functioning of courts. The technical and technological development is extremely limited in the Judicial system, most of the courts are functioning in India very traditionally. The system of e courts, virtual courts, online filing, Video conferencing, E court seva are not that much familiar and this has distanced the justice for the needy during this pandemic. The fundamental rights and the natural human rights are subjected at many instances and this has resulted in grave situation during this pandemic. The migrant workers are the real time example for the violation of fundamental rights. They walked for more than 2000 kms to reach their home, some died during this process and because of non-functionality of courts resulted their lives and their future. The prominent British Prime Minister Winston Churchill during the second world war said, If the courts are functioning in this uncertain situation then nothing can go wrong. That sounds the importance of judicial system. This paper summarises the impact of pandemic in the judicial system and the role of judiciary during this COVID19. The judicial precedents and the judicial authorities have repeatedly overturned the executive decisions and have laid their hands to uphold the constitutional responsibility and the constitutional importance. The functioning of courts came to halt because of this pandemic and this resulted in pendency of disposal of cases. This pandemic has resulted in slow down of constitutional rights envisaged to the public at large. The justice is under severe threat. The judiciary system plays a vital role in any society and during this pandemic is discussed in detail
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Pages:221-223
How to cite this article:
S Sankar Ganesh, A Tamilarasi "Role of judiciary during COVID-19 pandemic in India". International Journal of Law, Vol 6, Issue 4, 2020, Pages 221-223
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