The judiciary remains the most trusted pillar ofIndian democracy but the pursuit of justice is often an excruciatingly slow process for the underprivileged
A dacoity trial in progress at a local magistrate’s court (Getty Images), Jan. 1947; Tis Hazari district courts in Delhi, 2008 (Photo by Sipra Das)
During the Independence Day celebration organised by the Supreme Court Bar Association (SCBA) this year, Union law minister Kiren Rijiju complained—albeit in a lighter vein—that he had not been invited on the same occasion in 2021. Though the association asserted that he had been invited, as is the norm, the minister said he did not receive the invite. Both sides decided not to push any further and leave the matter as “inconclusive”.
This incident illustrates how the “inconclusive” relationship between the judiciary and the executive has often marked the journey of the justice dispensation system. Though the judiciary has undoubtedly played a crucial role in upholding democratic principles and constitutional governance—and as multiple india today Mood of the Nation polls have found, it is still perceived to be Indian democracy’s most trusted pillar—the excruciatingly slow judicial process, crippled by poor manpower and infrastructure, has resulted in a sense of despair among the masses, especially the poor and the marginalised who find the system expensive and intimidating.
While 76 per cent of the inmates in Indian jails are undertrials—mostly from the underprivileged sections—whose cases drag on for years, the courts are also burdened, as the Chief Justice of India-designate U.U. Lalit has pointed out, with the misuse of public interest litigations filed by publicity-hungry litigants.
The way forward is to urgently implement judicial reforms and strengthen the manpower and infrastructure of the courts. For this, the executive and the judiciary need to chalk out a collective path of more cooperation and less blame games. The sooner the better.
