In our democracy, the three arms of the state namely the Executive, the Judiciary and the Legislature on which rests the smooth functioning of the country are in dire need of reforms. It is not without reason that people are disappointed with present state of judiciary, numerous cases(corruption cases etc.) have recently highlighted the flaws and shortcomings of our judicial system. Legal experts, social activists, civil society have been unequivocally asking to initiate reforms but the apathy of the present establishment is disheartening. Time and again,we keep hearing about necessity of reforms and efforts by govt but situation doesn’t alter on ground.
In present circumstances, the legal apparatus and infrastructure have faltered and failed to keep pace with the rising population, changing times, transformed societal structure. The judicial apparatus appears obsolete, stuck in time zone and completely oblivious of ground realities. Riddled with old fashioned procedures, it has almost become defunct. A section of politicians, corrupt business houses, media, judges etc. are in league to maintain status quo, taking comfort in dysfunctional judiciary as it serves their interests.
There are many instances in public domain about the corruption in judiciary, many incidents of the judiciary misusing its official position for personal gain but the matter is not pursued efficiently to nail and punish the culprits. Indian Constitution made Indian judiciary sort of a self-regulatory independent body but in house accountability system seems ineffective . The judiciary is self protective except in rear case of Former Calcutta High Court judge C S Karnan or impeachment proceeding of Calcutta high court judge Soumitra Sen which are publicized and known . The judiciary has used its immense power provided in Constitution only to stonewall both criticisms and accountability.
One of the potent weapon in the hands of judiciary, is the ‘Contempt of Court’. It is an effective tool to stifle public criticism or independent evaluation of the judiciary. While deterring people from making unwarranted attacks on judiciary, the Contempt of Courts Act, 1971, has also stifled debate. That’s why judiciary’s conduct is hardly discussed or debated in the media.And now attempts are made to exempt the judiciary from the purview of the Right to Information Act. These steps only make the judicial system opaque causing doubts on the integrity of the system in people’s mind.
The recent turmoil in judiciary when the four senior-most judges of the Supreme Court in an unprecedented manner, broke ranks and publicly questioned the leadership of Chief Justice of India . The grievances of esteemed judges over allocation of cases or other issues further showcased the necessity to implement judicial reforms thus improving the transparency and accountability . There is no doubt that the judiciary is in dire need of speedy and effective reforms, ranging from appointing of judges, to instituting a transparent and non-partisan structure.
In the eyes of common man, Judiciary has yet not lost its prestige. People still believe that when the walls of establishment becomes deaf , oppressive and arrogant the judiciary is the savior of downtrodden, the conduct and decision making by courts isn’t questioned. The courts are considered final authority and verdicts are respected and believed fair even when decisions are not according to one’s preference. For a vibrant democracy, it is essential and prudent to have a well oiled judicial system for speedy justice and swift disposal of cases so that faith over judiciary remains unchallenged.
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