An interesting article from MSN:
https://content.msn.co.in/MSNContribute/Story.aspx?PageID=72327b04-1bfa-4083-8224-6664dfb7c17e
In case the above link doesn't work then please read below:
WHAT AILS JUDICIARY IN INDIA?
- by Jamsheed Basha 15 Sep 2008
The Chief Justice of India, Justice Balakrishnan, created history when he permitted the CBI to examine two judges of Punjab and Haryana High Court, Nirmaljit Kaur and Nirmal Yadav, in connection with what came to be known as the cash-for-judge scam. This is not the first time the Judges of High Courts came under public scan. The famous case was relating to Veerasami, Chief Justice of Madras High Court, though enjoyed the judicial immunity, faced impeachment proceedings in the Parliament but escaped as the Congress abstained from the voting. Another High Court Judge is facing impeachment in the recent history is Justice Soumitra Sen of West Bengal High Court. The Soumitra Sen case is a first in more ways than one. Never before has a judge been sought to be impeached following inquiry by an in-house Committee. Nor has a judge ever been indicted by it after a clean chit from a high court on the same issue. The common man is at a loss at the spate of corruption cases being heaped on the members of the judiciary in the recent past. He has lost faith on the judiciary and it would be difficult to restore the image of the judiciary as an impartial body out to protect the life and liberty of the common man. Never before in the history have so many judges come under scrutiny for alleged acts of corruption than what is seen today. The Prime Minister vexed by the problems of scams in the judiciary calls for 'introspection' on the way they are appointed. There is certainly a case for reforming the least accountable arm of the State.
What's wrong with our judiciary? Why are the judges become so corrupt? Are they not paid handsomely? These and more are the questions in the mind of the common man seeking justice in the courts of law in India. Judicial system administers justice in the name of the state and it is a mechanism for resolution of disputes. A survey conducted into what ails judiciary revealed certain startling facts. The sheer number of cases pending in the Indian judicial system,nearly26 million says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies, ideal conditions for middlemen to step in. Inaccesibility is another problem. The judicial system is highly dilatory, expensive, and beyond the reach of the common man. Ordinary citizens find it hard to seek redress, as litigation is expensive and extra money is often required to oil the wheels of the system.
Where the corruption is rampant is at the lower court level in which the lawyers and magistrates play havoc. There are instances of Metropolitan Magistrates issuing bailable arrest warrants against individuals of whose identitites he has no idea, in return for an inducement. Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants against the President of India in return for an inducement of Rs 40,000. In some cases, judges offer a favour in exchange for personal gain or favours. In Rajasthan, some time back, there were reports of a judge who offered judicial favour in exchange for s*xual favours from a litigant. Some of these instances have been reported by the media, but no action has been taken by authorities concerned. Today, under existing rules, any person making any allegation of corruption or other things against a sitting judge can be charged and punished for contempt of court. This is a deterrent against more such instances coming to light. This needs to be reviewed by Law Commission and Parliament.
Why people pay bribes in the courts particularly in trial courts? Its mainly to speeding up judgement, to get favourable judgement, obtaining bails, manipulating witnesses etc. More than trial court judges, it is the lawyer group that is not free from the blame. They not only extract handsome money from the clients but also try to induce the magistrates through their own contact. A lot more can be written on the ills of judiciary but for the space constraints, it is reduced. The following suggestions are given to revamp the judiciary:
1. All judges may be appointed by an independent commission with highest integrity and character besides qualification. No room for political or other manouvering or influence be given.
2.Make judiciary accountable removing judicial immmunity.
3. In cases of corruption charges, the President shall be given power to remove instead of impeachment by Parliament.
4. In the case of trial court judges, the Chief Justice of the High Court shall be given power to remove or dismiss summarily.
5.Introduce use of modern technology to record the proceedings in the court, tracking the cases, etc.
6. Fill up vacancies in the courts then and there without any delay through a workable and fool proof system of recruitment.
7. Create more number of fast track courts for speedy trials.
8. Create alternate method of disposal of justice system.
9. Bar Association to take action against the corrupt lawyers.
10. Reduce number of cases in each court.
11. Judges may be made accountable for delay in disposal through a periodical judicial review system.
12.A public body to monitor process of justice at all levels.
13. Chief justice should monitor judges chambers through a close circuit TVs and no lawyer be allowed to discuss a case in camera with the Judges.
14. Indian judicial service may be created.
15. Judges must declare assests and liabilities regularly.
These and more steps may be taken to reduce cases of corruption in the judiciary so that people repose faith in the judicial system.
Judicial system through out the world varies with regards to the amount of autonomy it possesses, which in turn determines the amount of impact it can have on the society. It is a mechanism of checking powers of the other branches of governance viz.,executive and legislature. U.S is an ideal example of such checks and balances where the autonomy of the court is established in the constitution. Indian Judiciary has worked wonders through judicial activism and placed the other arms of the State in their place without interfering into the working of the system. It was mainly due to the appointment of judges with highest integrity, grid and determination to uphold the cardinal principles of justice. Of late, the standard has fallen. Justice Bhagwati in a TV interview blamed the judges for the fallen standard and suggested revamping of the system. Hope Govt would Chief Justice of India and Govt would take the advice of both the former CJI Bhagwati and Prime Minster for introspection and evolve a system of appointment that will restore the lost prestige of the judiciary.
