India’s judiciary has recently come under criticism from some policymakers who view it as a major obstacle to the country’s economic growth. Claims suggest that judicial delays and legal complexities stall India’s progress towards becoming a developed nation. However, a deeper analysis reveals that the judiciary’s difficulties reflect broader systemic issues in governance, law-making, and government litigation practices.
Judiciary’s Role in India’s Democracy
The judiciary acts as an independent check on executive power. It safeguards citizens’ rights and ensures laws are properly implemented. Courts are not mere facilitators of government agendas but protectors of constitutional values. Weakening judicial independence risks undermining democratic governance and the rule of law.
Challenges Faced by the Judicial System
India’s courts handle one of the world’s largest caseloads. Judges often hear 50 to 100 cases daily during limited sittings. Much work is done outside court hours, including research and drafting judgments. Vacations are necessary for judges to complete pending work. Judicial vacancies and resource shortages worsen delays and workload pressures.
Legal Framework and Drafting Issues
Many laws are poorly drafted, vague, or outdated. This creates confusion and invites litigation. Recent reforms often rebrand old laws without simplifying them. For example, the new Income Tax Act replaces established legal terms with alternatives that may cause more uncertainty. Legislative imprecision burdens courts with avoidable disputes.
Government Litigation and Its Impact
The government is India’s largest litigant. Ministries and public enterprises frequently engage in unnecessary lawsuits and appeals. This misuse of judicial resources contributes to delays. Government bodies often ignore contractual obligations and legal rights, forcing citizens and employees to litigate for basic entitlements.
Judicial Workload and Public Perception
Public criticism often focuses on judges’ working hours and vacations. This overlooks the intensive intellectual effort behind judicial decisions. Judges prepare extensively outside court hours. Complaints about short court sittings ignore the complexity and volume of cases handled. Judicial breaks are essential to maintain quality and fairness.
Need for Systemic Reforms
Reforming the judiciary requires addressing legislative quality, government litigation practices, and court infrastructure. Improving law drafting, disciplining government litigants, and filling judicial vacancies are key steps. Blaming courts alone obscures the real causes of delay and inefficiency. A holistic approach is needed for meaningful reform.
District Courts and Grassroots Impact
Most citizens interact with the justice system through district courts. These courts face the greatest pressure from case backlogs and resource constraints. Enhancing their capacity and efficiency is crucial for public trust and access to justice. Strengthening lower judiciary is vital for overall judicial health.
Judiciary and Development
Development is not only economic growth but also justice, equity, and rule of law. Courts ensure that development respects rights and constitutional norms. Judicial independence supports sustainable progress by holding governments accountable. Reducing the judiciary to an obstacle oversimplifies complex governance challenges.
Questions for UPSC:
- Critically analyse the impact of judicial independence on democratic governance with suitable examples from India.
- Explain the causes of judicial delays in India and suggest reforms to improve judicial efficiency.
- What are the challenges in legislative drafting in India? How do they affect the judicial process and public administration?
- Comment on the role of government litigation in burdening the judiciary and discuss measures to regulate such practices.
