Why Do We Have Insufficient Judges in India?

The judiciary is a crucial pillar of any democratic state, and it is often surprising to see that nepotism has become an openly debated issue in India. The current status of judges in India reflects a system that is heavily flawed, with a significant shortage of judicial personnel.

The recent discourse has revolved around the reasons behind the paucity of judges, leading to a backlog of cases and the perpetual delay in justice. Some argue that the government's focus on building statues and monuments is a form of superficial governance that diverts attention from the real issues.

The Impact of the NJAC

The New Judicial Appointments Commission (NJAC) was a proposed mechanism to reform the judiciary. Despite initial promises, the Supreme Court (SC) rejected the NJAC in its current form. This decision has largely been criticized for failing to address the fundamental issues of corruption and nepotism prevalent in the higher judiciary. If the SC had accepted the NJAC with modifications, it could have significantly improved the functioning of the judiciary in terms of both quality and quantity.

The lack of transparency and accountability in the judiciary is a critical issue. When we question the motives of the SC, it is often observed that there seems to be a reluctance to address the prevailing flaws. Instead, the focus seems to remain on the superficial achievements like statues of heroes rather than the core duties of the judiciary.

The Role of the Government and the SC

Both the Government of India (GoI) and the Supreme Court are jointly responsible for the current state of the judiciary. Since the SC rejected the NJAC, the government has been left with no clear direction to rectify the situation. This disjointed governance has led to a delay in the resolution of significant judicial issues.

Given the numerous vacancies and the increasing number of cases pending before the courts, it is necessary to examine the internal workings of the SC. The Court should consider reviewing its previous judgment on the NJAC and allow for modifications that would bring about real changes in the judicial system. This would pave the way for a more transparent and accountable judiciary.

Attention to the Needs of the Judiciary

Another significant factor contributing to the shortage of judges is the lack of appropriate financial compensation. Compensation for judges plays a crucial role in attracting and retaining talented individuals. When judges are not paid a fair wage for their crucial work, it becomes challenging to attract high-caliber individuals to the judiciary.

Focused on the Excesses of Gossip

Additionally, it is often observed that the general public, with the inclination to gossip and offer advice, can sometimes exacerbate the problem. Despite some individuals facing personal challenges, their advice and opinions should be looked upon with a discerning eye. The overabundance of opinions can sometimes dilute the essential issues at hand.

In conclusion, the judiciary in India requires restructuring to address the issues of nepotism, corruption, and backlogs. The involvement of a neutral body to mediate between the judiciary and the Government of India is necessary to bring about structural changes. It is essential to focus on implementing measures that can genuinely improve the quality and quantity of judicial personnel.

Keywords: judges in India, judiciary system issues, nepotism in courts