Justice in India has perennially appeared an expensive, inconsistent, and unaffordable luxury, inaccessible to ordinary citizens. Police and courts are dreaded entities. Most ordinary citizens seek to avoid them to the best of their capacity. A satirical cliché that captures the reality of justice in India states that the blindfold of Lady symbolising Justice in Indian context does not indicate impartiality; it rather demonstrates her deliberate refusal to see crimes of the powerful or cries for justice of the masses.
I recall, in 1989 at Jawaharlal Nehru University, I had vociferously asserted in a public debate before a retired eminent judge from Supreme Court, where audience included senior academics and eminent lawyers, that: "justice in India was an expensive commodity that only the rich and powerful could afford." That assertion was welcomed with thunderous applause.
During that era the underlying reality was ability of elites to afford top lawyers who could manipulate courts. Today, in a globalized world, integrity of most institutions has eroded. Notwithstanding few exemplary verdicts, judicial processes have lost their credibility. Miscarriage of justice appears a norm and delivery of justice an exception.
Checkered Past of Indian Judiciary
Indian judiciary had once played a transformational role in society. Judicial verdicts in cases like Romesh Thapar (1950), Golaknath (1967), Kesavananda Bharati (1973), and Maneka Gandhi (1978), Bandhua Mukti Morcha (1984), Shahbano (1985), S R Bommai (1994) etc fortified democracy. The Hussainara Khatoon (1979) case rescued undertrials, while Olga Tellis (1985) upheld livelihood rights and Vishakha directed detailed mechanism to protect women from sexual harassment.
This was the era when the courts could confront state and privileged elite without inhibition. Yet miscarriages of justice were not entirely unknown. But these stemmed more from procedural constraints rather than perversity or malice. Mathura rape case, Bhagalpur blindings, ADM Jabalpur's actions during Emergency, and the Bhopal Gas tragedy settlement, that undervalued thousands of lives, are few examples where justice appeared to have succumbed in the courts.
Courts as Marketplace of Influence, Money and Underhand Deals
Informed and ethical lawyers suggest that over the last two decades or so, Indian courts have increasingly resembled marketplaces where influence and money dictated outcomes more often than legal merit of matters. This is not withstanding many exemplary verdicts and brilliant judges. Registry manipulation, bench hunting, and monopolization of court room legal victory by top lawyers became norms.
The cliché — “A good lawyer knows law, but a great lawyer knows judges” has not appeared as brazen in any other democracy as in India.
High‑Profile Cases Reflecting Rot:
Following are a miniscule sample of a series of high- profile verdicts that undermine credibility and image of judiciary:
• Salman Khan hit‑and‑run acquittal despite eyewitnesses.
• 1999 BMW hit and run case where justice was diluted by awarding community service to wealthy offenders.
• Jessical Lal murder case where people had to come on streets in support of victim;
• 2024 BMW hit and run case, where courts tried to protect the offender and eventually granted bail to offender who celebrated as if he had won a war;
• Sanjay Dutt arms case marked by lenient paroles.
• Sohrabuddin Sheikh encounter where most accused were discharged.
• Acquittal of alleged rapists of Bilkis Bano.
• Frequent parole to a number of influential murder and rape accused, diluting the punishment/sentence
The real list may be too long and even contentious. But the privileged have routinely escaped accountability under law whereas ordinary citizens languish in queues of adjournments for decades to very often face injustice.
Justice Delayed, Justice Denied
India’s judicial backlog is staggering. Over 100,000 cases are pending in the Supreme Court alone, with nearly 40% older than a year. At lower levels, pendency stretches into decades. According to National Judicial Data Grid, the total pendency of cases at High Court and District Court levels has crossed 5.5 corers and as per web, 75-80% of these are criminal cases. This underlines a chilling reality. If incidences of crime are so high and courts are not able to deliver verdicts, this will only enhance criminality in our society. Alternatively, if most are innocent, it is equally dangerous. It implies that our police is framing innocent citizens.
Though Indians are not as violent a society compared to many other societies. But inefficient legal system is probably criminalising entire society. The entire scenario appears more like a silent war against the nation, that is bound to cripple our long term progress and advancement.
Besides, a delayed justice appears hollow and meaningless.
Corruption and Complicity
'Corruption in India has increasingly become an acceptable way of life'. These are words of none other than a former Chief Justice of India, who admitted corruption in higher ranks of judiciary. This was much before a pile of huge cash was accidentally caught at residence of a High Court judge, and yet the highest court shielded him or let him off with resignation instead of an investigation and deterrent punishment.
According to some bar and bench insiders, the intensity and depth of corruption and subversion in Indian judiciary may be far deeper than what average mind shall be able to fathom. This not merely corrodes the judiciary at multiple levels but endangers entire society. Some of the known corruption controversies in higher ranks of judiciary include:
• Justice V. Ramaswami impeachment (1993) exposed misconduct.
• Cash‑at‑Judge’s‑Doorstep (2008), Punjab and Haryana High Court;
• Justice Soumitra Sen impeachment (2011) confirmed misappropriation of funds.
• Medical college bribery scandal (2017) brought corruption allegations to the Supreme Court’s doorstep.
• Pile of cash at caught during outbreak of fire at official residence of High Court judge Yashwant Verma (2025);
There are repeated scandals that have surfaced in media hinting at serious systemic rot.
Prashant Bhushan has relentlessly charged judges with corruption. He had once asserted that half of India’s supreme Court judges were corrupt and faced a legal case also where he had apologised. Later, he declared that dossiers are used to blackmail judges, and that the judiciary has enabled the “destruction of democracy” . Former Chief Justice Ranjan Gogoi’s admission that the judiciary is “not free of corruption” and his acceptance of a Rajya Sabha seat after retirement only confirmed pliability of judges and substances in allegations.
Systemic Malaise
The malaise in Indian judiciary is structural. These are manifest in
• Selective urgency in politically sensitive cases or those involving mega corporates;
• Post‑retirement appointments of judges, incentivizing subversion in judiciary.
• Opaque collegium practices shielding misconduct.
• Case backlogs enabling manipulation.
These have eroded public trust in judiciary and weakened democracy’s institutional spine.
Identification of Deeper Contradictions
There are far too many deep structural contradictions that have impaired efficiency and output of Indian judiciary. Some of these are well known and yet following illustrate the same convincingly:
a) Dominance of Lawyers in Higher judiciary: Most High Court and Supreme Court judges being former lawyers may be aware of legal technicalities but their experience and exposure as lawyers do not equip them with orientation requiring them to be courageous and ethical judges;Road to Future
India cannot afford a judiciary content with ritual dignity while ignoring decay that kills justice, chokes society and cripples optimum progress of the nation. Reform is existential. While a detailed evaluation is required, but the following could be starting points:
• Transparency in appointments to end collegium opacity.
• Rigorous induction and in-service training and regular psychological conditioning to inculcate integrity, professionalism and psychological resilience;
• Accountability for misconduct through enforceable mechanisms;
• Insulation from political patronage to restore complete independence of judiciary;
• Technology‑driven efficiency to reduce pendency;
• Elimination of unnecessary frills and enhancement of pay and allowances of judges;
• Simplification of judicial process and introduction of structure forms to ensure easy filing of cases and their quick comprehension;
• Inbuilt incentives for high-quality verdicts in key priority areas;
• Incentivizing high-quality judgements through a variety of possible means;
• Severe punishment for perjury;
• Punishment for willful obstruction of justice or deliberate delaying tactics;
• Eradication of cartels of lawyers monopolising access to justice delivery system; creation of a mechanism of specialization of lawyers where fee structure of every lawyer in every category is transparent;
• Eliminate space for need based corruption and deter greed driven corruption; with exemplary punishment for guilty;
• Creation of Judicial Accountability Commission to review personal conduct of judges; ban on all post-retirement incentives of apex court;
There can be far to many other detailed instruments. But the above are basic minimum requirements for resuscitating soul of Indian judiciary.
Conclusion: A Vibrant Judiciary is Critical Component of National Security
Weak institutions provide fertile soil for covert warfare by opaque foreign forces and a host of criminal and mercenary forces. The former have always patronised the latter for both financial plunder as well as scuttling optimal progress of a targeted nation for their larger geopolitical agenda. I had highlighted in one of my posts on this very blog that mega organised crime networks in South America have infiltrated ranks of police and judiciary in many outwardly stable and sovereign democracies. These crime cartels are dictating political agenda, influencing election outcomes and have reduced several states into their private battle yard where malicious incumbents of police and judiciary have been acting as private soldiers of these cartels.
Fortunately, we are not close to such a scenario. Our institutions are still sturdy enough compared to many fragile states. But if the rot in criminal justice system is not checked at the earliest, our difficulties are bound to intensify. Opaque political funding, rampant corruption and criminality in ranks of police and bureaucracy, mushrooming of multiple shades of crime networks, amidst suspicion of rising corruption and inefficiency in all ranks of judiciary, make us severely vulnerable. Our own unique geopolitical challenges, clandestine terror, organised crime and subversive capacity of our external adversaries further enhance threats to our state and society.
Without an elaborate network of organised crime on Indian soil and subversion of section of population, such sustained wave of terror attacks that rattled India for over three decades was impossible. Subversion of sections of police and judiciary appears more than obvious given the fact that a large number of professional and upright securocrats of the country, who made big contribution in dismantling Islamist organised and terror networks have been sidelined or criminally persecuted and harassed by combined cliques within judiciary and police. These include many senior police officers themselves.
When justice is inaccessible and grievances fester, society starts dying because the trust in the systems erodes. When courts appear biased, people lose faith in entire state apparatus. The objective of terrorism and covert war is also to undermine popular trust of citizenry in credibility and efficacy of state institutions to protect them. Corrupt judiciary and compromised criminal justice system may not be threatening the society in same spectacular way as terrorist attacks or conventional wars. Yet the net outcome is same.
The high and mighty in the ranks of judiciary must appreciate that Judiciary is not merely an arbiter of disputes; it is the final bastion of national security. If judiciary is subverted, the very state apparatus loses its legitimacy.
While judiciary must never overstep its jurisdiction, it can always facilitate a strong quality of strategic equilibrium among various institutions, compelling their incumbents to act with integrity to the best of their capacity, instead of pursuing their self-seeking personal agenda.
India needs genuine leaders in judiciary. They need not wield arms, but with a stroke of the pen they can resuscitate the morale of an entire society. A vibrant nation has never prospered by blind obedience to its leaders. Societies must ask questions, challenge authority wherever they go wrong. Only character, integrity and sagacity in judiciary can defend such rights of citizens.
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