By Subhash Chandra Agrawal | Special to News365 Times
The tragic suicide of 34-year-old Atul Subhash on 9 December 2024—accompanied by a 24-page note and a video detailing corruption in the lower judiciary—followed by the shocking seizure of huge cash from the residence of a sitting Delhi High Court judge, Yashwant Verma, has yet again exposed the cracks in India’s judicial system. These incidents are not isolated; they add to a long list of controversies that underline the urgent need for comprehensive judicial reforms.
India continues to rank poorly in global indices—96th in the Corruption Perception Index and 118th in the World Happiness Report. A fair and transparent judiciary is central to improving both.
Breaking the Collegium Deadlock
India remains unique in allowing judges to recommend judges for higher judiciary appointments. While this avoids direct political control, the system has drawn criticism for fostering dynastic dominance and opaqueness. What is required is a balanced National Judicial Commission comprising retired Supreme Court judges, nominees of the President, Prime Minister, Opposition Leader, Chief Justice of India, Bar Council of India, and ex-officio members like the Chief Vigilance Commissioner and Union Law Secretary. Such a body, headed by the CJI, could restore credibility and fairness.
Raising the retirement age of High Court judges to 65 years, on par with Supreme Court judges, would also prevent lobbying for promotions merely to gain extra tenure.
JUDGE(MHA YKS) 15.03.10 (1)Merit, Mobility & Accountability
A future-ready judiciary demands a system like the Indian Judicial Service (IJS)—on the lines of the IAS—where entrants rise through District Courts to High Courts and the Supreme Court through merit and experience.
Judges of High Courts should not serve in their home states to prevent local biases. Moreover, no individual with active political affiliations should be allowed on the bench. Post-retirement, judges should be barred from taking jobs for at least two years, and those who enter politics must forfeit their retirement perks.
The proposed Judicial Commission must also be empowered to investigate complaints against judges, including Chief Justices, replacing the outdated and impractical impeachment process.
Practical Reforms for Efficiency
Several systemic issues continue to plague justice delivery:
– Excessive delays: Liberal ex-parte stay orders and endless adjournments fuel pendency. The maxim “Justice delayed is justice denied” is bitterly true in India.
– Vacation legacy: Long summer vacations—designed for British colonial judges—remain unjustifiable in modern India. The Law Commission’s recommendation to abolish them must be implemented.
– Judgment length: Court verdicts often run into hundreds of pages, unread even by litigants. Countries that impose page-limits on judgments offer a model worth emulating. At minimum, India should mandate a concise 50-page version alongside longer judgments.
– Recusal transparency: Judges must record reasons for recusal upfront to avoid manipulation and delays.
Ending Colonial Relics
It is ironic that even after cities like Bombay, Madras, and Allahabad have been renamed Mumbai, Chennai, and Prayagraj, their High Courts still carry the colonial names. All High Courts should be named after states, with automatic renaming when cities or states are renamed.
A Call for Structural Change
Judges are not divine beings; they come from the same society that produces both honest and dishonest individuals. What is required is systemic reform—not mere tinkering. Pay and pensions should be aligned with government norms; privileges like lifetime domestic help must be reconsidered. Above all, transparency, accountability, and fairness should be non-negotiable pillars of justice.
India’s judiciary, once considered a beacon of hope, risks losing public trust. Unless bold and urgent reforms are carried out, the system may collapse under its own weight, leaving citizens disillusioned and democracy weakened.
The writer is a Guinness World Record holder for writing the most letters and is a noted RTI Consultant.
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