The judiciary is the third pillar of democracy, responsible for upholding the Constitution, defending rights, and administering justice impartially. However, like any other institution, it faces obstacles that jeopardize its efficiency, transparency, and legitimacy. This article delves into significant concerns such as judicial activism, corruption, loopholes used by lawyers, the collegium structure, nepotism, and the impeachment process, followed by critical reforms required to enhance the judiciary.
1) JUDICIAL ACTIVISM🍎:
Judicial activism is the proactive involvement of courts, particularly the Supreme Court and High Courts, in interpreting the Constitution and legislation to correct social inequities, defend fundamental rights, and cover legislative or executive gaps. While it has been lauded for protecting democracy, excessive judicial activity may lead to the judiciary exceeding its authority, interfering with executive and legislative functions, and disrupting the balance of power.
2) GROWING CORRUPTION☠️ IN THE JUDICIARY:
Despite the judiciary's valued standing, corruption is nevertheless a growing concern.
Nature of corruption: Bribery, favoritism in appointments and case outcomes, abuse of power and unethical behavior by some judges and court workers can be witnessed on the court steps.
Cause: Causes of corruption include a lack of openness, insufficient accountability systems, poor pay or benefits in some lower judicial positions and strong ties between certain lawyers and judges.
Impact: Corruption undermines public trust in the judiciary, slows justice, and jeopardizes the notion of impartiality.
Challenges in combating corruption: Judicial independence is essential, thus investigating claims is difficult without jeopardizing judicial authority.
Examples👺: Though rare and typically subtle, cases of judges being accused of corruption or harassed have emerged, bolstering the call for reform.
Need for safeguards: Strengthening ethical rules, transparent procedures, and independent oversight bodies is critical to combating corruption.
3) LOOPHOLES USED BY LAWYERS🦠:
Lawyers utilize a variety of strategies to exploit judicial systems, including frequent adjournments, fake evidence, forum shopping, non-appearance, and overcharging clients.
Weak regulation by Bar Councils frequently fails to prevent unethical legal behavior.
Some lawyers' political and criminal backgrounds jeopardize the delivery of justice.
4) COLLEGIUM SYSTEM🐒:
The Collegium System is the system for appointing judges to the Supreme Court and High Courts. It is composed of the Chief Justice of India and senior judges who suggest appointments and transfers.
Despite being established to maintain judicial independence, the collegium suffers from:
Lack of transparency
No responsibility
Claims of favoritism and nepotism
Tensions with the Executive
Delay in appointments
5) RELUCTANCE TO ACCEPT THE NATIONAL JUDICIAL APPOINTMENTS COMMISSION🌶️:
The NJAC, which was established in 2014 to replace the collegium with a larger selection committee, was overturned by the Supreme Court due to concerns about judicial independence and governmental overreach.
6) INCREASED NEPOTISM🥭 IN THE JUDICIARY:
Nepotism erodes meritocracy, diversity, and public trust. It thrives because of the opaque collegium structure, a lack of independent scrutiny and tight legal circles.
7) IMPEACHMENT 🍭:
The process of impeaching judges consists of several stages designed to maintain judicial independence, including special majorities (two-thirds) in both Houses of Parliament under Articles-124(4) for SC judges and 218 for HC judges, as well as a Presidential order on grounds of proven misbehaviour or incapacity.
8) NEED FOR JUDICIAL REFORM👋:
The following improvements are crucial for increasing efficiency, transparency, and accountability;
a) Reducing backlog through digitization and fast-track courts.
b) Ensure transparency in appointments and decisions.
c) Implementing accountability procedures, including an independent complaints authority.
d) Improving infrastructure and strengthening the judiciary.
e) Improving access to justice and encouraging alternative dispute settlement.
f) Improving the Bar through improved regulation and instruction.
g) Applying technology to case management.
h) Promoting public engagement and awareness.
CONCLUSION🙏:
The Indian court confronts considerable issues, including corruption, nepotism, opaque recruitment processes, and delays. Addressing these issues through balanced reforms that preserve judicial independence while increasing transparency and accountability is critical to maintaining the rule of law and public trust. The future of Indian democracy is dependent on a strong and trustworthy judicial system.