Editorial: What Does Justice Mean in the Justice Varma Case?
Source: The Indian Express | Date: 31 March 2025
The Indian judiciary faces renewed scrutiny amidst internal integrity and institutional transparency concerns. A recent inquiry has prompted broader public engagement with the complex interplay between judicial independence and accountability. In this context, long-standing challenges—ranging from procedural opacity and case backlogs to the pressing need for inclusive reforms—have resurfaced, inviting thoughtful reflection on how to strengthen the judiciary's credibility and effectiveness in a constitutional democracy.
What Ensures Judicial Independence and Accountability in the Indian Constitution?
- Judiciary as a Separate Organ: The Constitution provides for the separation of powers, ensuring functional autonomy and preventing undue influence among the legislature, executive, and judiciary.
- Security of Tenure: Articles 124 and 217 protect judges from arbitrary dismissal, promoting impartiality.
- Fixed Service Conditions: Articles 125 and 221 provide non-variable service conditions, and judicial expenses are charged to the Consolidated Fund for financial independence.
- Removal Only by Impeachment: Articles 124(4) and 217(1)(b) maintain integrity through a stringent removal process.
- Judicial Review Powers: Articles 32 and 226 empower courts to uphold constitutional supremacy.
- Legislative Non-Interference: Article 121 restricts parliamentary discussion on judicial conduct.
- Contempt Powers: Articles 129 and 215 allow courts to punish for contempt, preserving authority.
- Post-Retirement Restrictions: Article 124(7) restricts post-retirement practice, avoiding conflicts.
- Collegium System: Judicial interpretation introduced the collegium system for independent appointments.
- In-House Accountability Mechanisms: Supreme Court guidelines maintain ethical standards internally.
- Basic Structure Doctrine: Judicial independence is part of the Constitution's basic structure.
- Judicial Code of Ethics: The Restatement of Values of Judicial Life guides conduct and integrity.
- Right to Fair Trial: Article 21 ensures due process and impartiality in judicial procedures.
What Are the Major Challenges Currently Facing the Indian Judiciary?
- Opaque Judicial Appointments: The collegium system faces criticism for lacking transparency, and the NJAC proposal was struck down.
- Pendency of Cases: Over 80,000 cases are pending in the Supreme Court alone, as of February 2025.
- Delays Across Tiers: Cases often take years, burdening litigants financially and emotionally.
- Judicial Vacancies: Over 5,600 vacancies persist, reducing court efficiency.
- Poor Infrastructure: District courts face major infrastructure and technological gaps, hindering functionality.
- Lack of Diversity: Women and marginalized communities remain underrepresented in higher judiciary ranks.
- Judicial Overreach: Some judgments blur the lines between judicial and executive authority.
- Executive Interference: Arbitrary transfers, like in the case of Justice Muralidhar, raise red flags.
- Corruption Allegations: Alleged cases of corruption reduce public trust in judicial integrity.
- Undertrial Overpopulation: 75.8% of prisoners are under trial, delaying justice for the marginalized.
- Access Barriers: Legal complexity, high costs, and language issues limit justice for many.
- Legal Aid Underutilization: Despite eligibility, few utilize NALSA’s services due to awareness and quality concerns.
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