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Corruption is rampant in the judicial system of India. According to Transparency International, in India judicial corruption is attributable to factors such as mostly "delays in the disposal of cases, shortage of judges and very much complex procedures, all of which are exacerbated by a preponderance of new laws.

The police also have involved often in torturing innocent people until a confession is obtained to save influential and wealthy offenders. G.P. Joshi who is the programmed coordinator of the Indian branch of the Commonwealth Human Rights Initiative in New Delhi has commented that the main issue at hand concerning police violence is a lack of accountability. In every country the judiciary is the third pillar and in many ways the most important organ of the governmental machinery. The executive and the legislature of course have made a vital role to play in the multifaceted task of governance, but in a federal set-up, it is the judiciary that holds the balance. Lord Bryca, who is the famous British Jurist and constitutional expert, rightly commented that there is no better test of the excellence of a government than the efficiency of the judicial system.

The judiciary is in fact the guardian of the people's right as it protects these rights from encroachment by the Government, public bodies and also the individuals. The liberty of the people, so vital in a democracy, gets endangered if there is no totally independent judiciary commanding the highest conceivable degree of credibility. If the judges and lawyers are not men of integrity and sound moral character, public confidence in the judiciary cannot be mostly ensured.It is this public trust and credibility that is now being threatened in India as a result of certain improprieties, indiscretions and even acts of direct and indirect corruption, by certain judges and lawyers.


No one who is least of all the framers of India's carefully devised Constitution, envisaged a situation in which the judiciary would mostly get exposed to charges of corruption. The recent acts of corruption in the Indian Judicial system and abroad is a black mark against those who cherish high moral principles and the values for which our polity is supposed to be based. Until recently, talk of the threat of collapse of the judicial system was linked with the unbearable work load of the judges at various levels, caused by the frightening backing of cases together with the ceaseless flow of new ones.

The delays in getting justice from the courts today are proverbial. Even after six decades post independence there is no sign of the speedy, inexpensive justice which our founding Father of the Republic and other leaders envisaged. Some people even have fear that a time may come when disputes will be settled through extra judicial means, as has happened in certain areas of Bihar.

Among the causes of the scandalous delay are the complicated court procedures, the needlessly lengthy adjournments (generally sought by the lawyers) themselves in order to enhance their incomes, the heavy pressure of work necessitating long intervals between hearings, the facility of lodging appeals to high courts, the inadequate number of judges and the numerous holidays. Two lakh fresh cases are filed in the various courts each year while the disposal rate does not exceed 9,000. The work load of all courts - subordinate, High or Supreme is doubling every seven years. The former Chief Justice of India, expressed anguish over the failure of the judicial system to meet the needs and expectations of the public for the justice and redress in private disputes or against the Government. All members of the judiciary, especially judges of the High courts are expected to be scrupulously honest and men of integrity. Unfortunately, several senior judges of the Mumbai High Court and other state high courts have become controversial figures.

Judicial independence has been enshrined in the Constitution under Article 124. A judge's salary or other service conditions cannot be altered to his disadvantages. He cannot be removed from office, save through the arduous process of impeachment which requires approval of a two-thirds majority of each House of Parliament. To get this is indeed a difficult task. This independence has enabled the Courts to invalidate several unconstitutional laws passed by the legislatures affecting the rights and liberties of the citizens or the Press. Judicial independence , however, should no go to the extent of making judges irresponsible or unconcerned about the proper performance of their duties and their accountability for their actions and indulging in graft. There seems to be a nexus between the sudden fall in the credibility of the judiciary and the increasing politicization of the process of appointment of judges in which lobbying in the corridors of power rather than knowledge of law and character was found to be quite effective. Unless the executive sheds its power of having the final voice in judicial appointments and transfers, the situation cannot improve.

If the existing system worked in the true sprit, it could prove more useful. To ensure that malpractices do no creep in, the Chief Justice of India's role should not be merely consultative as at present but it must be laid down that his concurrence is necessary for appointments and transfers. Also in the case of appointment of High Court Judges, it is the Chief Justice of the High Court who should recommend the name and the Chief Minister should only be consulted. In essence, it is politics and political influence that lead to miscarriage and denial of justice and even corruption. The living conditions and economic status of some judges are stated to be very pathetic in India. But that could not be any justification for indulging in corruption. The very evil of judiciary is expected to be checked. In this connection, the suggestion here is for top anti-corruption drive expert that there should be an inter-judiciary or in-house body, which may be called the 'Board of Judicial Ethics' which would eventually be a sound one. Stressing the need to 'cleanse' the judiciary, the former Supreme Court judge and Team Anna member, Justice Santosh said judiciary was one of the major "contributors to encouraging corruption."

"One of the major contributors to encouraging corruption is judiciary," Judge said and asserted that India would not progress unless corruption was fought. The Judge said there was no proportion between justice and delay and stressed the need for setting up more courts, appointing more judges and providing more infrastructures for early disposal of cases. Referring to the corruption case against former Union Minister Sukhram, he said the trial had taken 10 years. He was chargesheeted in 1996 and first conviction was in 2009."He is 86 now and has approached Supreme court. This encourages people sitting on the fence to be corrupt." Pointing to the growth of corruption in the country, he said in 1985-86, when the Bofors case hit the headlines, the corruption involved was said to be about Rs 66 crore, while it had today touched Rs 1.76 lakh crore. "Army chief has said he was attempted to be bribed. I know about corruption in judiciary. The other two organisations, I need not say anything," he said. India which boasts of a 5000 year culture is today 84th in the list of 142 countries in grading of honesty.

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