Indian Court Judges and the Enduring British Influence
The Indian judiciary, rooted in the British common law system, is burdened by inefficiencies and delays that significantly impede the delivery of justice. Despite India’s independence, the system remains influenced by colonial legal frameworks, leading to procedural complexities and extended case durations. The appointment of judges, often a protracted process, exacerbates these delays. The backlog of cases, estimated to be around 30 million, highlights the severe shortage of judges, with only 17 judges per million citizens.
The selection of judges in India is governed by the collegium system, a legacy of British administrative processes. This system involves senior judges selecting new appointees, which, while intended to ensure judicial independence, often results in delays and allegations of non-transparency.
Court holidays contribute to delays, with many courts observing long vacations inherited from colonial times. These breaks, coupled with frequent adjournments, lead to significant postponements in hearings.
Cases in India can drag on for years, sometimes decades, due to procedural complexities, frequent adjournments, and the scarcity of judges. Notable cases like the Nirbhaya gang rape case and the Bhopal gas tragedy have seen prolonged trials, underscoring the systemic issues within the judiciary. .
The adage “justice delayed is justice denied” aptly describes the Indian judicial system. Delays compromise the fundamental right to a speedy trial and erode public confidence in the legal system. Comprehensive reforms, including increasing the number of judges, establishing more fast-track courts, and modernizing outdated laws, are crucial for improving judicial efficiency and ensuring timely justice.
