The Cracks in the Citadel By — P. Gajanan

 The Cracks in the Citadel: Analyzing the Indian Judiciary

The Supreme Court of India, Delhi.

Who is above the MPs? The Minister. Who is above the Minister? The CM. Who is above the CM? The PM. Who is above the PM? The President. Who is above the President?    This question challenges the minds of so-called highly intellectual people. To answer it, we must consider Article 142 of the Indian Constitution, which discusses the power of the Indian judicial system to intervene and ensure justice even where legislative or executive action is lacking. However, this is sometimes mistakenly taken as supremacy over the Parliament, which is untrue, although I accept the judiciary's power to intervene in legislative and executive matters, but only in cases of public interest, human rights violations, or democratic breakdown, where other branches of government have failed. 

While revered as a cornerstone of Indian democracy, the Indian judiciary is far from a faultless institution. A critical examination reveals significant cracks in this seemingly formidable citadel of justice. The most glaring issue is the crippling backlog of cases, a figure that swells relentlessly, leaving millions in a state of legal limbo. This delay isn't just an inconvenience; it's a denial of timely justice, eroding public faith and hindering economic progress. The snail-paced proceedings are often attributed to a chronic shortage of judges at all levels, a problem exacerbated by a sluggish and often opaque appointment process. Notably, on March 3rd, the Supreme Court stayed the recruitment process for the appointment of judges based on asking for meeting the requirement of three years of experience, which will definitely worsen the judge-to-people ratio from its current standing of 1 judge for over 1.8 million people. The recent cash bust involving a High Court judge re-triggers concerns about corruption and transparency within the system. Notably, the Indian judicial system is ranked as the third most corrupt body in India after politics and bureaucracy, which further questions the trustworthiness of the judicial system.

Observed on 9th Dec.

Furthermore, the promise of equal access to justice remains largely unfulfilled for many. The high cost of litigation, coupled with complex legal jargon and procedures, creates formidable barriers for the poor and marginalized. While legal aid exists, its reach and effectiveness are often inadequate. The system, at times, appears to favor those with resources and legal savvy, perpetuating inequalities Concerns surrounding transparency and accountability also plague the judiciary. The collegium system for judicial appointments, while intended to safeguard independence, has been criticized for its lack of transparency and potential for nepotism. Mechanisms for holding judges accountable for misconduct are often perceived as opaque and insufficient, hindering public trust and potentially shielding instances of impropriety. We must also keep in mind that not even a single case of impeachment has been successfully concluded.

The infrastructure of many courts, particularly at the lower levels, is often tumbledown and ill-equipped, further contributing to inefficiencies. The slow adoption and integration of technology, despite recent initiatives, means that outdated processes continue to impede the swift dispensation of justice. This technological lag contrasts sharply with the digital advancements in other sectors.

Moreover, the judiciary is not immune to the societal ill of corruption. While the higher echelons generally maintain a reputation for integrity, allegations at lower levels persist, undermining the very foundation of fairness. The cumbersome procedures for investigating and prosecuting such cases further compound the problem.

Credit - Adobe images 

In conclusion, while the Indian judiciary stands as a vital pillar of democracy with significant powers and responsibilities, it is burdened by systemic issues. The crippling backlog, unequal access, concerns about transparency and accountability, infrastructural deficiencies, and the shadow of corruption paint a picture that demands critical scrutiny and urgent reform. Addressing these cracks in the citadel is essential to ensure that the promise of justice is not just a lofty ideal but a tangible reality for every citizen of India. 

Reference & Credit 

1) Indian Polity - M. Laxmikant.

2) WWW.WIKIPEDIA.COM.

3) Adobe images.

4) www.thehindu.com