C Pradeep Kumar
The judiciary in India is revered as the final protector of rights and liberties. But, reverence should not translate into unquestioned immunity. While judicial independence is non-negotiable, judicial accountability remains the missing cornerstone of our democratic structure. Beyond delays, recent incidents raising concerns about judicial integrity make systemic reforms more urgent than ever.
Over 5 crore cases are pending in Indian courts, with more than 70,000 dragging on for over 30 years. In district and subordinate courts alone, 2.5 crore cases remain unresolved—many for over a decade. Undertrials make up over 70% of the prison population. Civil litigations often span 15–20 years. These delays are not just administrative failings; they are assaults on justice itself.
We have seen the consequences:
- 134 years to resolve the Ayodhya dispute.
- 40 years for a verdict in the L.N. Mishra assassination case.
- 25 years for final judgment in the Uphaar Cinema tragedy.
- 7 years to execute the convicts in the Nirbhaya case, despite clear legal standing.
- Generational land disputes robbing families of inheritance and livelihood.
Each delay not only ruins lives but erodes public confidence in the judiciary.
A More Alarming Concern: Erosion of Integrity
Judicial delays are one issue, but even more damaging is the growing cloud over judicial ethics. The recent fire at the residence of Supreme Court Justice Verma in Delhi reportedly revealed a massive cash stash, raising serious concerns. Firefighters allegedly discovered bags of cash amid the blaze. If such allegations arose against any other constitutional authority, investigations would have been swift. Why should the judiciary be held to a different standard?
Silence and inaction only deepen public suspicion. Institutional integrity cannot be preserved by ignoring internal rot. This is not an attack on the judiciary—it is a call to cleanse and strengthen it.
The Real Paradox: A Powerful Institution Without Oversight
Parliament answers to voters. Ministers face scrutiny and can be dismissed. Even the President and Governors can be impeached. Yet the judiciary remains the only constitutional pillar without an external, independent accountability mechanism.
The idea that judges should only be judged by their peers is outdated. Independence must not mean insulation from scrutiny.
The Solution: Judicial Accountability Commission (JAC)
It is time to institutionalize a Judicial Accountability Commission (JAC) to ensure integrity, transparency, and timely justice. Its key mandates should include:
- Independent Investigations of Judicial Misconduct – Addressing unexplained assets and ethical violations.
- Redressal of Inordinate Delays – Allowing citizens to file complaints when cases are unjustifiably delayed.
- Mandatory Disposal Timeframes:
- Criminal cases: Within 2 years.
- Civil cases: Within 4 years.
- Appeals: Prioritized by case age, not social influence.
- Annual Transparency Reports – Publishing judge-wise disposal rates, pending matters, and delays.
- Strict Action for Wilful Negligence – Including censure, suspension, or proceedings for removal where necessary.
We Must Act Now—Not Tomorrow
We cannot afford to ignore the growing frustration of litigants, the plight of undertrials, or the perception of judicial complicity in corruption. Justice must be timely, fair, and visibly clean, transparent, and fearless.
The judiciary must be rescued from both delay-induced inefficiency and integrity crises. These are not issues to be whispered about in bar rooms—they deserve national attention and legislative action.
Calling for a Judicial Accountability Commission is neither radical nor confrontational. It is a long-overdue reform to uphold the sanctity of justice in our Republic. Without accountability, independence becomes a shield for inaction—and, in extreme cases, for abuse.
Let us act before the last flame of trust in our judiciary dies out.
