SHOULD INDIA REINTRODUCE THE JURY SYSTEM? A COMPARATIVE STUDY WITH THE UNITED STATES AND THE UNITED KINGDOM

It is a legal process where a group of people (jurors) are sworn to hear trial, see the evidence and determine facts and give the verdict or decision. The jury will find whether a person is guilty / not guilty or liable / not liable. The jury system is designed to ensure the honesty of judges (who explain the law). The jurors will vote for the decision whether a person is guilty or not. The jury system is abolished by India following the landmark judgment or decision in the case of K.M.NANAVATI v/s STATE OF MAHARASHTRA . This research paper examines a comparative and detailed study of the jury system in India, United States, United Kingdom. With the help of comparative analysis, the study evaluates the compatibility of Jury trials with Article 21 of the Indian Constitution . This study also talks about the reason for abolition of Jury system; it also includes the analysis why jury trials are important to democracy of United states and United Kingdom. The research paper examines that the Jury system make the democratic values best and safeguarding the authority of courts but in India, they face structural, social, and operational difficulty which change the whole scenario from United States and United Kingdom. In this research paper it also examines that how jury trials works in United States which protects the jury rights for trials under the Sixth Amendment . In United Kingdom, the jury trials continue in serious offences under Crown Court proceedings. The research paper evaluates that the Jury system will be transparent for the public of India, but India needs a well-controlled system alteration or modification because of its unique social-legal structure. This paper examines that to reintroduce the Jury trials in India, it requires small steps with full institutional support to do complete restoration and to create a new Jury system. Keywords- Jury System, Comparative Criminal Justice, Trial by Jury, Article 21 of the Indian Constitution, Fair Trial, Participatory Justice, K. M. Nanavati v. State of Maharashtra, Sixth Amendment, Crown Court Jury Trials, Criminal Justice System Reform