Courts, Corruption And Judicial System
Corruption is a Cancer: a Cancer that Eats Away at a Citizen's
Faith in Democracy, Diminishes the Instinct for Innovation and Creativity-
Corruption in our society is like cancer, which if not detected soon within the
time it will surely spread its magliance among the polity of democracy. It
shakes the foundation of democracy and the Rule of Law and also a threat to
constitutional governance. To detect corruption has always been a big problem.
Every state in India has a court where the judges have been given a seat to
deliver justice to people seeking it without any fear or threat.
Now the question is that some of the judges have bowed to misuse the powers
given to them in the temple of justice as they have no responsibility and
deliver judgments under the influence of political leaders and bureaucrats etc
by accepting huge amounts of bribe through illegal means because of which the
judicial system has become corrupt. The impeachment process is there for the
judges which is not possible under The Constitution of India.
History of the judges who were found corrupt
In the year 1949 Justice S.P Sinha of Allahabad High Court was removed under the
Government Act 1935, on the basis of his judgement.
In the year 1979 Chief Justice of India permitted the CBI to file a case of Dis-Proportionate
Income/Wealth against Chief Justice of Madras High Court Justice K Veeraswami
(father-in-law of Mr. Justice V.Ramaswami).
On 3 november 2002, three judges of Karnataka High Court with two female
advocates got involved with a women guest at a resort. The police arrived but
there was no action taken. Judges were N.S Veerabhadraiah v/s Gopalagowda and
Chandrashekariah. Status of the case was- 3 judge enquiry committee appointed by
the Chief Justice of India filed its report and clean chit was given.
In September 2009, Supreme Court lawyer Prashant Bhushan in an interview to
Shona Chaudhary of Tehelka Magazine said half of the last 19 Chief Justices
were corrupt the comment invited the apex court's contempt.
On 17 september 2010 the former law minister Shanti Bhushan created a sensation
in the Supreme Court when he moved an application accusing eight former Chief
Justice of India corrupt and dared the court to send him to jail committing
contempt of court.
Reasons behind Corruption in Indian Judiciary System
Inaccessibility: The judicial system is costly, and it's difficult for the
common man to afford it. Normally people find it tough to seek relief, as
litigation is time consuming, which is beyond the limits of common people.
Difficult Impeachment process: The Supreme Court of India has ruled that no
first information report (FIR) are often registered against a judge, nor, a
criminal investigation initiated without an approval of the judge of the Supreme
Court. Once appointed, a judge of the supreme court or Supreme Court can't be
sacked except by a sophisticated impeachment process, done by members of the Lok
Sabha and therefore the Rajya Sabha, the 2 houses of Indian parliament.
the 1990s, when the Congress party was in power, a motion seeking to impeach
Justice V Ramaswami couldn't be passed by parliament as Congress members of
parliament abstained from voting. There are no other attempts at impeachment in
Slow and long process: India's system has the most important backlog of pending
cases within the world – as many as 30 million pending cases. Of them, over four
million are supreme court cases, 65,000 Supreme lawsuits. This number is
continuously increasing and this itself shows the inadequacy of the system. It's
always been discussed to extend the amount of judges, creating more courts, but
implementation is usually late or inadequate. And also thanks to this backlog,
most of the prisoners in India's prisons are detainees awaiting trial.
Contempt of court act:
On top of all this protection to the judiciary is that the power of contempt of
Court, which has become a potent weapon to suppress public criticism or maybe
honest assessment of the judiciary. While deterring people from making
unwarranted attacks on the judiciary, the Contempt of Courts Act, has also
stifled debate. That's why judiciary's conduct is barely discussed or debated
within the media.
Lack of transparency:
the large problem facing the Indian judiciary is the lack of transparency. Right
to Information (RTI) Act is completely out of the ambit of the Indian system.
Thus, within the functioning of the judiciary, the many issues just like the
quality of justice and accountability aren't known properly.
Weak bar bench relation:
Bar bench relations play a crucial role within the administration of justice,
the standard of judicial decisions depends on the harmony of the relation
between these two authorities. Weak bar association doesn't protect the rights
of their clients while on the opposite hand, weak judiciary can't deliver
justice to society, therefore the right harmony and balance between bar and
bench is in a position to combat corruption.
Weak governments: from the very beginning there's a hidden conflict between
governments and therefore the judiciary, governments don't want strong judiciary
and time to time judiciary has also prevented governments from her
unconstitutional decisions, so this suggests that if the governments become
weaker than the likelihood of judicial corruption will increase.
Degradation of nobility and ethical values:
Corruption is caused also as increased due to the change within the value system
and ethical qualities of men who administer. The old ideals of morality,
services and honesty are considered outdated.
Illiterate and poor people:
The poor and illiterate mens in India with the judiciary results in his reaction
that the court-room is an alien-land where procedures and technicalities,
instead of truth and morality, rule. it's hard for a standard man to urge past
the complicated procedures or the middleman exploiting their ignorance to form
Why people pay bribe
Favorable judgment: People pay and offer bribe in court because they thought
that by paying bribes it's possible to secure a positive judgment. Media reports
show that it's possible in lower court's but things radically improve when it
involves the high court's.
there's an enormous backlog of cases in Indian courts which ends up in delayed
judgments'. it's quite common for a case to tug on for years. People often need
to pay bribes to hurry up the method.
The judge features a lot of discretion in issuing bail; the rules governing this
are fairly basic. it's possible to secure bail by influencing the judge in some
As some recent high-profile cases have shown, witnesses are manipulated through
money or force into giving favourable testimony.
To influence public prosecutors:
the general public prosecutor is the master of the case registered on the idea
of F.I.R or State cases. it's possible to influence Public prosecutors by
Judicial corruption at International Level
Widespread bribery of judges round the world and inappropriate political
interference in legal systems deny millions their right to a good and impartial
trial, or any trial in the least, says the worldwide anti-corruption group
Suggestions for reducing corruption in judiciary
Use of technology- A review of how court records are handled and therefore the
introduction of recent tracking methods can eliminate much of petty corruption
existing in lower courts. Websites and CDs can explain basic law to laymen.
Court files are often computerized. Video recordings of court proceedings should
Reduce the gap Provide alternative methods of dispute redressal to lighten
burden on courts.Increase number of judicial officers and number of means
courts. Create a vigilance cell for redressal of public grievances.
Making the judiciary accountable Judges must be subject to review. Judges must
follow a code of conduct. Bar associations must act against corrupt members. A
public body must keep an eye fixed on the judiciary. An Indian judicial service
must be created. The proposed National Judicial Commission should have powers to
fireside judges. Judges should declare their assets and people of their family.
Introduce Judicial Inquiry and Audit Research Department to enquire into how,
thanks to corrupt practices, cases are multiplied or delayed. Contempt of Court
Act should be removed or it should be strictly implemented in letter and spirit
against corrupt Magistrates, Judges who want only abuse the facility.
Take special measures Appoint Special Citizen Judges (upto age 75) to figure on
Saturdays/Sundays, and through Holidays, within the High Courts and Supreme
Courts. And, they ought to be paid consistent with their quality and outputs.
There should be Morning Courts from 7.30 to 10.30 AM and Evening Courts from
6.30 to 9.30 PM altogether courts to clear the backlog deliberately accumulated
thanks to corrupt practices. Senior Citizens, just like the retired principals,
professors, teachers, engineers, managers, law officers, post masters, known
social workers, should sit there and eliminate cases efficiently with the
assistance of Law, welfare work, Journalism students assisting them. Extending
the proper to Information Act to hide the judiciary. Opening judicial vacancies
to qualified legal scholars.
On the idea of the above research it's concluded how the corruption has been
spread and the way to regulate. Like many other issues facing India, the matter
of judicial corruption festers not for want of solutions except for lack of
will. Several reform commissions, senior judges, and eminent jurists have laid
out detailed proposals for reforming the system from the bottom up. a number of
the key suggestions include improvements to contempt of court and impeachment
proceedings, improvement of judicial infrastructure, enforcing integrity codes
for judges and lawyers, extending the proper to Information Act to hide the
judiciary, opening judicial vacancies to qualified legal scholars, create a
National judicial commission to bring transparency in judiciary, using
alternative dispute resolution mechanisms, and introduction of recent
technology. However, reforms are intolerably slow, with the judiciary and
executive blaming one another for the delay.
We see that in spite of all the advancements in information and communication
technologies changing the lifetime of the people of the country dramatically,
the India system still seems like a domineering and pretentious British vestige
appearing to belong to an elite class faraway from the people and therefore the
country. As a matter of fact, this system of justice is completely out of place
and out of your time.
Written By: Palak Sinha (Ramaiah College of Law)
Law Article in India
You May Like
Legal Question & Answers