Judiciary | time and punishment

The judiciary remains the most trusted pillar of Indian democracy, but the pursuit of justice is often an extremely slow process for the underprivileged.

Robbery trial in a local magistrate’s court (Getty Images), January 1947; Tis Hazari District Courts in Delhi, 2008 (Photo by Sipra Das)

During the Independence Day celebrations organized by the Supreme Court Bar Association (SCBA) this year, Union Law Minister Kiren Rijiju complained – though in a mild manner – that he was not invited to the same occasion in 2021. Although the association insisted that he was invited, as is the norm, the minister said he had not received the invitation. Both sides decided not to proceed further and leave the matter as “inconclusive”.

During the Independence Day celebrations organized by the Supreme Court Bar Association (SCBA) this year, Union Law Minister Kiren Rijiju complained – though in a mild manner – that he was not invited to the same occasion in 2021. Although the association insisted that he was invited, as is the norm, the minister said he had not received the invitation. Both sides decided not to proceed further and leave the matter as “inconclusive”.

This incident shows how the “inconclusive” relationship between the judiciary and the executive has often marked the journey of the judicial system. While the judiciary has undoubtedly played a vital role in upholding democratic principles and constitutional governance – and as many India Today surveys of the nation’s mood have found, it is still regarded as the most trusted pillar of Indian democracy – painfully Slow judicial process, which has been crippled. Poor manpower and infrastructure has resulted in a sense of despair among the masses, especially the poor and marginalized who find the system costly and intimidating.

While 76 per cent of prisoners in Indian prisons are undertrials – mostly from the disadvantaged sections – whose cases go on for years, the courts are also burdened, as pointed out by the Chief Justice of India-UU Lalit, with abuse by publicity-hungry litigants. PILs filed.

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 create a collective path of greater cooperation and less accusations. the sooner the better.