Research essay

In essay writing I am going to write the essay on “COURTROOM CULTURE” in India, particularly the judges’ behaviour with lawyers, lawyers’ behaviour with judges and higher judiciary judges with lower judiciary and how the upper judiciary has taken full control over the lower judiciary. I will also try to explain the consequences coming out from adopting this disastrous approach.

I will be using “legal realism” and “legal formalism” as methodology and I will also discuss the contrasting features between legal realism approach and legal formalism approach and try to build up my essay by showing that, apart from the law how the arguments presented, outlooks and the behaviour of the party can affect the decision.

My overall arguments will be that adoption of legal realism approach in a system where upper Judiciary has the power of interpreting law is excellent but when court start deciding cases on their personal judgments, biases, likings and disliking this would lead the judicial system toward havoc. A judge should not be effected by the behaviours, outlook and endeavour of any party or (s)he should not be feeling annoyed of the arguments presented by a lawyer if they are not proper because it is their duty to apply proper law while deciding cases pending before them. Upper judiciary supervises the lower judiciary and they have set deadlines for old cases to be decided and in this event lower courts tend to decide old cases on fast track and in haste don’t apply proper law; most of the cases are being dismissed. This approach will not work because new cases will also pile up and after some time they will also be distributed with deadlines and lower judiciary will again try to find escape; it disallows them to work comfortably. I will begin with explaining judicial system in India with classes of courts. Then I will try to present the in court room situation with some practical examples of my experiences which I have seen with my eyes and of some references. Then I shall list the reasons for this approach and finally the consequences which are flowing out of these behaviours.

Bibliography (task 3)

To build up my arguments, I would be consulting and referring following sources:

• Constitution of India.
• Code of Criminal Procedure of India.
• Evidence Act.
• Code of Civil Procedure.
• Apex courts’ judgments.
• Indian Law Digest.
• Times of India.
• All India Reports.
• And some other digests and judgements which will be helpfull for me.