Where Is Justice For Common Man?
Prof N.K. Singh
Former Chairman, International Airports Authority of India
British Prime Minister Gladstone coined the phrase ‘Justice delayed isjustice denied’. It aptly applies to the system and condition of judiciary in India. Nearly 1.3 crore cases beyond five years in files are pending in the courts and yet no remedy is in the sight. For me, paramount need of a citizen in a country is to live in condition with safety and justice. Even safety is dependent on the system of equity and justice in the society. Law of jungle is to force the brute power on less powerful without regard to right or wrong. Any civilized society ensures fair transactions of behaviour. It ensures the members get justice and rule of law prevails against law of jungle.
If you get justice, other things automatically follow. Take for example the equality of women or equality of citizens’ issue, if one can obtain justice from the court on any discrimination, corruption or any problem. It enhances the fair, honest and safe life in a society. It is most fundamental value and if we examine the oldest maxim and teaching, we will find that it ranks highest in governance of a country. Chanakya speaks of it when he says if the king is corrupt, without justice the people too become corrupt.
It is a pity that despite our claim of democracy and justice, we areunable to provide these values. Democracy is not simply rule of greatest number, it has high value of participative culture when people care for each other’s views and love freedom of choosing their own leaders rather than being handed down people who should rule you. If rule of law is not followed, corruption and lawlessness prevail in a society. Mounting corruption, crime and gender discrimination prevail since the justice system is functioning in a tardy manner. In spite of the fact that our judiciary has high praise, it has failed to deliver justice due to primarily two reasons: First is well known shortage of judges and the second is the obsolete legal framework and inefficient systems. Recently Supreme Court has expressed unhappiness on delays and evengiven investigative agencies two months to complete work in 2G scam. But its own system of allocation of cases is challenged by its own cases. Biggest problem in Indian system emanates from a basic flaw where judges appoint themselves and are accountable to them only. Nowhere in the world has such system prevailed.
The worst fallout of such dilatory system is that cases continue foryears and it makes the politicians to use this delay for committing offences that are never punished. These delays kill the cases as witnesses get tired or bribed or die. This is extending the politicians crime connection in India. Today 36% of the legislators numbering 60,000 are involved in criminal cases. Why should such people who are involved in crimes even if not at the conviction state but charged with moral turpitude, be permitted to enter the legislature. Those who violate law must not be part of lawmaking process.
The logic is that without conviction no one can be declared as offender but there is nothing to bar any public servant to enter government with criminal proceedings unless he gets clearance. This might cause unscrupulous persons to use the provision for preventing rivals or enemies bar from contesting elections. Other solution could be to establish special court where expeditious process either convicts them or declared not guilty. When country is facing extreme unemployment situation, it is not clear why we are not able to fill the jobs of judicial service. There are 12,177 judges and shortage persists. Why it is not possible to have crash recruitment drive in such crucial shortages?
Judiciary must also ensure that system of courts is redesigned to suita digital age. Extensive use of digitalization and removal of futile stages of cases or duplication of processing should be stopped. Why Supreme Court does not ask for complete overhaul of judicial manual/procedures? It should be the main job of National Law Commission to improve efficiency as well as expeditious disposal of cases.
It was unfortunate that four judges came out and spoke to the press which smacked of political pollution too but fortunately things have remained under the carpet. It is high time to give justice to people. Also judiciary must accept accountability to parliament or to the Commission as suggested it cannot remain unaccountable. If Narendra Modi cannot reform who will? Let world not laugh at India that it has too much law and too little justice.
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