The Pathology of the Indian Legal System

Abstract

The Indian court system is by all accounts unusual. The proceedings are extraordinarily dilatory and comparatively expensive; a single issue is often fragmented into a multitude of court actions; execution of judgements is haphazard; the lawyers frequently seem both incompetent and unethical; false witness is commonplace; and the probity of judges is habitually suspect. Above all, the courts are often unable to bring about a settlement of the disputes that give rise to litigation. So great are these failings that the Indian judicial process can reasonably be seen as a ‘pathology’of a legal system.

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