Preserving the integrity of the justice system is essential to safeguarding our constitutional democracy.
A recent discovery of a large sum of cash in a High Court judge’s residence has jolted the nation, shining a stark light on the cracks within our justice delivery system. The judiciary, once seen as the final bastion of public trust, now finds itself under serious scrutiny.
In the early years after independence, the public placed immense faith in politicians — many of whom had fought for the country’s freedom. But over time, centralisation of power and the rigid licence raj led to widespread disillusionment. When that trust eroded, people turned to the bureaucracy. For decades, appointing an IAS officer to investigate a crisis was seen as a credible solution.
However, with the rise of bureaucratic corruption and inefficiency, that faith too began to fade. Attention then shifted to the judiciary, particularly the higher courts, as the last hope. The middle class and media began to idealise judges, expecting them to resolve every institutional failure. Starting in the 1980s, courts began encroaching into legislative and executive domains under the banner of activism.
But such unchecked expansion has created deep issues. The judiciary began micromanaging governance and overseeing daily affairs of executive bodies — far beyond its constitutional mandate. Furthermore, through the collegium system, judicial appointments became a matter of internal consensus, stripping Parliament of meaningful oversight. Judges became self-selecting and nearly irremovable. This closed ecosystem, lacking accountability, was bound to become flawed over time.
Meanwhile, as access to justice grew more difficult and costly, the legal profession grew increasingly lucrative, making it unattractive for top legal talent to join the bench. Although many capable and committed judges serve at all levels, a significant number fall short in terms of integrity, competence, or both. If this trend continues, and public confidence in the judiciary deteriorates, we risk descending into lawlessness where the strong prevail and justice becomes arbitrary.
India, with its vast diversity and deep social divides, depends on its democratic institutions to reconcile competing interests. Yet, in the absence of deeply rooted civic understanding, polarisation thrives. This has made courts the final arbiters on sensitive matters like caste reservations or religious disputes. But if trust in the judiciary wanes, the entire constitutional framework could unravel.
What is urgently needed is a fresh approach to judicial appointments—one that reflects the public will while safeguarding impartiality and constitutional values. Parliament must reclaim its role in disciplining errant judges. A permanent, credible mechanism is necessary to deal with misconduct within the judiciary. Only by removing corrupt elements can we rebuild public faith in the justice system.
Moreover, efforts must be made to attract the brightest legal minds to the bench — people who are driven by service, not just reward. Our democracy depends on the effective, fair, and harmonious functioning of all three branches of government. Judicial overreach or executive apathy must be checked through balance, not blame.
To protect the judiciary, we must hold it accountable — not weaken its independence, but preserve its legitimacy. Because without an impartial and competent justice system, democracy cannot thrive.
Author: This news is edited by: Abhishek Verma, (Editor, CANON TIMES)
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