The India Justice Report (2019), a pioneering endeavour to rank Indian states based on the quality and efficiency of justice delivery, was recently released. This report was prepared through a commendable collaborative effort involving Tata Trusts, the Centre for Social Justice, Common Cause, and the Commonwealth Human Rights Initiative. A crucial aspect of this ranking system was the categorisation of states into two groups–states with large-medium populations (1 crore or more) and small states along with Union Territories (population less than 1 crore).
Rankings: Large-Medium States and Small States
In the category of large-medium states, Maharashtra emerged as the leader, followed by Kerala, Tamil Nadu, Punjab, and Haryana. Conversely, Jharkhand, Bihar and Uttar Pradesh were positioned at the bottom of the hierarchy. When it came to smaller states, Goa topped the list, with Sikkim and Himachal Pradesh following behind.
The Parameters for Evaluation
The evaluation was done based on publicly accessible data from various government entities about four critical pillars of justice delivery — police, judiciary, prisons, and legal aid. Each of these pillars was examined through the lens of budgets, human resources, personnel workload, diversity, infrastructure, and five-year trends.
Challenges in the Indian Justice System
Despite the thorough evaluation process, certain issues became glaringly apparent, casting a long shadow over the Indian Justice System. It was evident that there were significant vacancies within both the police and judiciary. On average, the police had a vacancy rate of 23% in 2017, while the judiciary experienced a vacancy rate between 20%-40% across high courts and lower judiciary. Lack of diversity and representation was another challenge, with no State or Union Territory meeting all its diversity quotas, and women being particularly underrepresented across the justice system.
The justice system was further strained by low budget allocations, with the per capita expenditure on legal aid standing at a mere 75 paise. In addition, judicial pendency was a significant problem, with an average case in the subordinate court remaining pending for five years or more. Furthermore, the state of prisons was alarming, with an over-occupation rate of 114%, and 68% of inmates being undertrials awaiting investigation, inquiry or trial.
| Top Large-Medium States | Bottom Large-Medium States | Top Small States |
|---|---|---|
| Maharashtra | Bihar | Goa |
| Kerala | Jharkhand | Sikkim |
| Tamil Nadu | Uttar Pradesh | Himachal Pradesh |
The Need for Reform
Given these challenges, there is an urgent need for both the judiciary and government to work collaboratively to address issues such as police management, prison conditions, forensic practices, and personnel vacancies. An efficient Indian Justice System is pivotal not only for upholding constitutional mandates like Articles 14, 22(1), 39(A) and 21, but also for achieving SDG 16, which seeks to provide access to justice for all and to build effective, accountable institutions at all levels.
Constitutional provisions like Article 39A mandate that the state ensure equal opportunities for justice, inclusive of provision for free legal aid to those economically or otherwise disadvantaged. Similarly, Articles 14 and 22(1) bind the state to ensure equality before the law and a legal system that fosters justice on a basis of equal opportunity to all. It is only through addressing these challenges that we can move towards a justice system that truly serves the interests of all citizens.