Demand Justice Now: Urgent Reforms for a Fairer Judiciary

 The British Raj played a crucial role in establishing a formal judicial system in India. Prior to colonization, the region was marked by diverse legal traditions that were often intertwined with religious and social practices. The British sought to impose uniformity and assert control by introducing principles of common law, codified statutes, and a hierarchical court system modelled after the English legal system. This effort resulted in the creation of High Courts and the Privy Council, which emerged as the supreme judicial authority, effectively imposing an alien legal framework on Indian society. Nevertheless, this imposition was not a benevolent act but a strategic tool of colonial power.

The judiciary was employed to safeguard British interests, enforcing laws that enabled economic exploitation and suppressed nationalist movements. Furthermore, the system often exhibited biases against the local populace, reinforcing existing social hierarchies and perpetuating colonial dominance.

2. This apart in recent years, the Collegium system, of appointing judges to the apex courts and its lower organs   intended to ensure independence and autonomy has instead become a breeding ground for cronyism and elitism. To restore faith in the judiciary and ensure that our highest court serves the interests of all citizens, not just a privileged few, we must reform the appointment process and prioritize transparency, meritocracy, and accountability. 

 

3.The Indian judiciary faces significant challenges, notably the prolonged granting of bail, raising concerns about judicial accountability and the justice system's effectiveness.  This approach enables accused individuals, frequently labelled as criminals or corrupt officials, to escape accountability for extended duration of bails. This not only undermines public confidence but also sustains injustice, encouraging these individuals to engage in further criminal activities and perceive themselves as exempt from legal repercussions. There are situations in which those identified as accused may actually be victims of plots devised by societal elites, political figures, or even law enforcement, driven by personal grudges.  These individuals may find themselves imprisoned for extended periods without sufficient evidence, ultimately leading to their honourable acquittal. In such situations, it is imperative that the victims receive appropriate compensation and that the corrupt law enforcement officials involved face penalties for their actions.  Some critics argue that the Supreme Court is currently operating primarily as a bail court. Urgent judicial reforms are essential to address these issues, including the need to prioritize victims' interests over the convenience of the accused.

 

4.The on-going crisis in the judiciary can be attributed to a lack of transparency and accountability. Judges often fail to provide proper reasoning for their decisions, leading to speculation and mistrust. Additionally, the absence of effective checks and balances allows errant judges to go unpunished, fostering a culture of impunity. Moreover it is to be noticed that nowhere in the globe judges are appointed by judges. To address this issue, measures must be taken to promote greater transparency and accountability and ensure that judges are held responsible for their actions.

It is important to remember that the main factors contributing to this issue are an overburdened court system, which results in judges feeling pressured to rush decisions, thus undermining the integrity of the process. Moreover, the court system follows a dated British legacy, where the Apex court operates only 193 days a year, High court’s 210 days, and trial courts 245 days, without reform. The   limited number of working days for courts also hinders effective functioning, especially without reform efforts from the top court. It is unfortunate that this extravagant practice continued to persists in India needs immediate modification. Implementing efficient case management systems is also crucial to allow judges to concentrate on complex cases and alleviate the burden on the courts.

 

5.Furthermore, the conduct of lawyers and advocates must also be scrutinized. Some legal professionals exploit loopholes in the system, manipulating the proceedings to favour their clients. It is crucial that the Bar Council of India takes concrete steps to regulate the conduct of lawyers, upholding ethical standards and promoting fair play.

To address these issues, the government must take immediate action to revamp the judicial system. Firstly, the Supreme Court should establish a robust monitoring mechanism to track the progress of cases and ensure timely disposal. Secondly, the Ministry of Law and Justice should work towards introducing legislation that promotes transparency and accountability within the judiciary. Finally, the National Judicial Appointments Commission (NJAC) should be reconstituted in the greater interest of the nation and to ensure that judges are selected based on merit and competence, rather than political influence or prejudices selection.

 

6.These apart judges must declare the assets acquired by them and their families every year as has been a system in vogue in respect of government employees compulsorily. It is essential that transparency and accountability are maintained within the judiciary, as these principles form the bedrock of public trust. The declaration of assets serves not only as a safeguard against corruption but also reinforces the integrity of the judiciary.  Judges, including their families, are obligated to submit a detailed report of the expenses related to foreign tours, including the sources of funding for these expenses. Additionally, judges must be open to independent scrutiny regarding these matters. Moreover, such measures would deter any potential conflicts of interest and ensure that the judges operate within the boundaries of ethical conduct.

 

7.Furthermore, the legislative framework should be robust enough to encompass stringent penalties for non-compliance or discrepancies in these declarations. By reinforcing these practices, we can foster a culture of openness that extends beyond mere compliance, encouraging judges to be exemplary figures of propriety. Ultimately, the objective is to ensure that the judiciary remains an esteemed institution, dedicated to upholding justice in a fair and impartial manner, free from any undue influence or suspicion A proactive approach not only to addresses the potential for financial misconduct but also serves as a deterrent against any malfeasance, thereby fortifying the moral fabric of the judicial system.

 

8.Moreover, educational programs aimed at judges regarding ethical standards and the importance of transparency can play a vital role in cultivating a culture of integrity. By equipping judges with the necessary knowledge and tools to navigate ethical dilemmas, we empower them to make informed decisions that reflect the principles of justice. These educational initiatives should be mandatory and periodically revisited to adapt to evolving challenges and societal expectations.

Additionally, public forums and open discussions regarding the judiciary's role in society can be instrumental in bridging the gap between the judicial system and the community it serves. By encouraging dialogue, judges can better understand public concerns and sentiments, fostering mutual respect and understanding. This engagement can demystify the judiciary, making it more accessible to the citizens and reinforcing its commitment to transparency.

 

9.Ultimately, the goal of these comprehensive measures is to create an environment where accountability and ethical governance thrive within the judiciary. A transparent judicial system not only upholds the law but also inspires public confidence, ensuring that justice is not only served but visibly seen to be served as her Excellency our madam President is advocating. By prioritizing integrity and openness, the judiciary can maintain its esteemed position as a cornerstone of democracy, safeguarding the rights and liberties of all citizens.

 

10.In fine, there is an urgent need for judicial reforms to address issues such as granting lengthy bails and to ensure the accountability of judges. Enhancement of court working days and the establishment of the National Judicial Commission are essential. Implementing reforms that promote transparency, accountability, and efficiency both for the judiciary and law-enforcing forces will lead to a more just and equitable society where the rule of law prevails. It is also crucial to adopt a more transparent, merit-based, and inclusive approach to judging appointments. This could involve introducing a multi-stakeholder committee comprising experts from various fields, civil society representatives, and government officials to oversee the selection process. Establishing peer review, evaluations, and whistle-blower protection promotes accountability and integrity within the system.