Introduction
The Indian judiciary, often hailed as the guardian of the Indian Constitution and the defender of justice, is not immune to the scourge of corruption. The judiciary, which is meant to be the last bastion of hope for the common man seeking justice, has been marred by allegations of corruption and nepotism. This issue has been a cause of concern for the citizens of India and has raised questions about the credibility and integrity of the judicial system.
This Article aims to present before the readers how the corruption takes place in judicial functions, instances wherein judges have been accused of corruption and what are the measures that need to be adopted to restore the public faith in the institution.
How Corruption takes place in Judiciary?
Corruption in the Indian judiciary takes various forms, ranging from bribery and favoritism to nepotism and political interference. The most common form of corruption in the judiciary is bribery, where judges are allegedly bribed to deliver favourable judgments. This undermines the very foundation of justice and erodes public trust in the judiciary. Moreover, there have been instances where judges have been accused of favouritism and nepotism, where they have allegedly shown bias towards certain individuals or parties based on personal relationships or affiliations. Another form of corruption takes place while allotment of cases or in the formation of benches.
Instances of Corruption in Indian Judiciary
There are various instances when our esteemed judicial institution has come under scrutiny for the corruption charges. For example, in 2017, Justice C. S. Karnan, a sitting High Court Judge, made allegations of corruption against Supreme Court judges and was sentenced to six months imprisonment for contempt of court. Another instance is in 2019, when the CBI booked High Court Judge Justice Narain Shukla for receiving illegal gratification. Allegations of sexual harassment against former Chief Justice Rajan Gogoi and the sentencing of three judges of the lower courts in Telangana for possessing disproportionate assets are other instances wherein public trust in the judiciary is shaken.
Causes of Corruption in Judiciary
There are various factors which are responsible for the increasing corruption in judiciary. One of the major factors contributing to corruption in the Indian judiciary is the lack of transparency and accountability. The opaque nature of judicial appointments and promotions has often led to allegations of favoritism and nepotism. The process of appointing judges to higher courts, such as the Supreme Court and High Courts, has been a subject of controversy, with allegations of political interference and lack of merit-based selection. This has also raised questions about the independence and impartiality of the judiciary.
Another factor that contributes to corruption in the judiciary is the excessive backlog of cases. The slow pace of justice delivery has created an environment where litigants are forced to seek alternative means to expedite their cases. This has created opportunities for corruption, as individuals may resort to bribing court officials or judges to expedite their cases. The lack of accountability and transparency in case management has also contributed to corruption in the judiciary.
The issue of corruption in the Indian judiciary has also been exacerbated by the lack of effective mechanisms for addressing complaints against judges. The existing mechanism for investigating allegations of corruption against judges, such as the impeachment process, is cumbersome and often ineffective. This has created a culture of impunity, where judges feel insulated from accountability for their actions.
Why corruption in Judiciary is completely intolerant?
The impact of corruption in the Indian judiciary is far-reaching. It erodes public trust in the judicial system and undermines the rule of law. It also perpetuates a culture of impunity, where individuals with power and influence can manipulate the system for their own benefit. Moreover, corruption in the judiciary has a direct impact on the lives of ordinary citizens, who are denied access to timely and fair justice.
Steps need to be taken to address the problem of corruption in judiciary
Addressing corruption in the Indian judiciary requires a multi-pronged approach. First and foremost, there is a need for greater transparency and accountability in judicial appointments and promotions. Merit-based selection processes, coupled with stringent ethical standards, can help ensure that only the most qualified and impartial individuals are appointed as judges.
Secondly, there is a need for a robust mechanism for addressing complaints against judges. An independent body with investigative powers should be established to probe allegations of corruption and misconduct against judges. This would help filling confidence in the public that no one is above the law, not even those entrusted with upholding it.
Additionally, efforts should be made to streamline the judicial process and reduce the backlog of cases. This would not only help alleviate the pressure on the judiciary but also reduce opportunities for corruption. Leveraging technology to improve case management and expedite the resolution of cases can also help address this issue.
Furthermore, there is a need for greater public awareness and engagement on issues related to corruption in the judiciary. Civil society organizations, media, and citizens should play an active role in holding the judiciary accountable and demanding transparency in its functioning.
Computerization of court files and records, preservation of e-court proceedings, an efficient use of technology will further enhance the transparency in the system.
Conclusion
In conclusion, corruption in the Indian judiciary is a deep-rooted issue that requires urgent attention. Addressing this issue is crucial for upholding the rule of law and ensuring that justice is accessible to all. It requires a concerted effort from all stakeholders the judiciary, government, civil society, and citizens to root out corruption and restore public trust in the judicial system. Only then can the judiciary truly fulfill its role as the guardian of justice in India.
Significance of the Topic
Now and then, remarks are made against the judiciary with respect to the scourge of corruption in the institution. Therefore, it becomes essential for the judiciary aspirants to be mindful not only of the corruption in the system but also of the ways to eradicate it and greater ways to improve the system and bring accountability to it. Therefore, judiciary coaching strongly recommends this topic be prepared by the judiciary aspirants. Judiciary coaching also suggests that this topic be prepared from an essay perspective.
