Open AccessA New Managerial Approach to the Judiciary in India: Critical Review of the Irrational Bureaucratic Structure and a Call for Change
Author(s) -
Sumit Kumar
Publication year - 2022
Publication title -
european journal of law and political science
Language(s) - English
Resource type - Journals
ISSN - 2796-1176
DOI - 10.24018/ejpolitics.2022.1.1.10
Subject(s) - irrational number , bureaucracy , institution , democracy , political science , power (physics) , law and economics , law , sociology , public administration , politics , physics , geometry , mathematics , quantum mechanics
The structure of Indian Judiciary is very similar to the common law British structure and it was designed to be exploitative in nature. It being a power institution that constitutes a part of the modern state, Indian Judiciary not only exercises authority over all of India it is also at the same time a democratic institution. The structure of the colonial euro-centric institutions is such that the locus and focus of responsibility can never be realised at the same time and at the same place. This naturally creates the paradox in institutional responsibility which is a natural consequence of irrational bureaucratic structure within the institution of judiciary.The first half of this paper starts critically reviewing the problems facing the Judiciary in India from the point of view of its euro-centric structure and the various malaise that this irrational structure results into. In the second half the paper reviews and recommends the application of New maanagerial philosophies to the structural aspects of Indian Judiciary with the aim of structurally rationalising it.