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India’s Judicial Credibility Crisis
Reimagining Access to Justice and Rectifying Systemic Barriers
Context: Public confidence in the Indian judiciary is showing signs of erosion, with concerns around judicial corruption, lack of transparency, and political interference increasingly in the spotlight.
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- The recent discovery of burnt currency notes at the residence of High Court judge Justice Yashwant Varma has reignited debates over integrity within the judicial system.
- This scandal, coupled with controversial public appearances by judges and the rise of extrajudicial practices like “bulldozer justice”, has intensified scrutiny on the credibility of India’s courts.
- At a time when the judiciary is perceived to be under pressure from caste, religious, and political influences, these developments raise urgent questions about judicial independence and accountability.
- For instance, Justice Shekhar Kumar Yadav’s appearance at a Vishwa Hindu Parishad event has been widely criticised, especially given the Supreme Court’s stance against religious and ideological influence on judicial conduct.
Case for District-Level Judicial Reform
- In the midst of this crisis, the book Tareekh Pe Justice: Reforms for India’s District Courts by Prashant Reddy T. and Chitrakshi Jain presents a compelling argument: real reform must start at the base — India’s district courts.
- These courts handle the bulk of India’s civil and criminal cases, yet they remain under-resourced, poorly managed, and shrouded in secrecy.
- The authors challenge the commonly held belief that resource shortages are the primary issue afflicting the judiciary.
- Instead, they identify a deeper malaise: a culture of fear and control.
- District judges often face punitive inquiries if their rulings displease the political establishment.
- These disciplinary actions, typically initiated by High Courts, are sometimes based on unreliable or hearsay evidence, leading to arbitrary dismissals and eroding judicial independence.
System Clouded by Opacity
- Resistance to Transparency: One of the most scathing criticisms in the book is aimed at the judiciary’s resistance to transparency.
- While the courts routinely demand openness from other branches of government, they have consistently shielded themselves from external scrutiny.
- This includes limiting public access to performance data and judicial statistics.
- NJDG: The National Judicial Data Grid (NJDG), a digital portal launched in 2015 under the e-Courts Mission Mode Project, was meant to improve transparency.
- However, it carries a disclaimer stating that the information it provides may not be verified or reliable — a glaring red flag considering the ₹2,308 crore invested in the e-Courts initiative since 2005.
- Article 121: Moreover, the Supreme Court has used Article 121 of the Constitution to block requests for performance data from Parliament.
- While Article 121 does restrict debate on the conduct of judges, the authors argue it is being misused to avoid legitimate questions about judicial efficiency.
- The Supreme Court Registry has also opposed RTI requests from citizens seeking data on case delays and administrative decisions, further fuelling the perception of opacity.
Radical Proposals for Reform
The book offers three bold proposals to overhaul the justice system:
- Restructure India’s Court System: Inspired by the U.S. model, the authors propose two parallel judicial hierarchies — one for laws made by Parliament and another for State laws.
- This could improve accountability by clarifying command structures, especially in an era where tribunalisation is already fragmenting the judiciary.
- Revive Jury Trials: Reintroducing jury trials could foster civic engagement and restore public faith in the judicial process.
- Though resource-intensive, the authors argue that the societal benefits of a more participatory legal system would outweigh the costs.
- Focus on Procedural Fairness: Emphasising procedural law can improve predictability and fairness in judicial outcomes, ensuring that litigants — especially from marginalised communities — are treated equitably.
Legal Literacy as a Pillar of Justice
- Judicial reform alone isn’t enough. Improving access to justice also requires legal literacy, particularly for vulnerable groups such as women.
- According to the National Family Health Survey (NFHS) 2019-21, 29.3% of married Indian women aged 18 to 49 have experienced domestic or sexual violence.
- Alarmingly, 87% of those who suffer marital violence do not seek help, often due to ignorance about legal rights and remedies.
- Legally Yours by Manasi Chaudhari addresses this critical gap. Aimed at empowering women through practical legal knowledge, the book demystifies complex laws and explains them in accessible language.
