NHRC Must Intervene as Public Faith in Justice Faces Serious Questions
By Subhash Chandra Agrawal
The Indian judiciary has long been regarded as one of the strongest pillars of democracy. However, recent developments have once again raised disturbing questions regarding transparency, accountability, and public trust within the judicial system. Allegations of corruption, opaque appointment mechanisms, delayed justice, and institutional resistance to reform are now emerging as serious human rights concerns rather than merely administrative issues.
The tragic suicide of young tech professional Atul Subhash in December 2024, where he allegedly detailed judicial corruption and harassment in a 24-page suicide note and video recording, shook the conscience of the nation. This was followed by reports of a substantial cash recovery linked to a sitting High Court judge, reigniting national debate over the integrity of sections of the judiciary. These incidents have intensified calls for urgent structural reforms and greater accountability mechanisms within the justice-delivery system.
India’s poor global rankings in both the Corruption Perception Index and World Happiness Report further reflect the growing public dissatisfaction with institutional governance and judicial efficiency. The justice system cannot remain insulated from scrutiny when ordinary citizens increasingly perceive delays, favoritism, and lack of accountability as barriers to justice itself.
One of the most debated issues remains the Collegium system, where judges effectively recommend appointments of judges in higher judiciary. While judicial independence is vital, concentration of appointment powers within a closed structure has often invited criticism regarding transparency and dominance of select legal circles and families. Simultaneously, allowing unrestricted political influence in judicial appointments may also undermine institutional independence. A balanced solution therefore becomes necessary.
India urgently requires a high-powered National Judicial Commission comprising representatives nominated by the President, Prime Minister, Leader of Opposition, Chief Justice of India, Bar Council of India, and the Chief Vigilance Commissioner. Such a body could bring greater balance, transparency, and institutional credibility to appointments, transfers, and disciplinary oversight of judges.
Equally important is the establishment of an Indian Judicial Service on the lines of the IAS, ensuring merit-based grooming of judicial officers from district courts to constitutional courts. This could gradually reduce lobbying, favoritism, and inconsistent standards in appointments.
The current impeachment mechanism for removal of tainted judges has proven cumbersome and practically ineffective. India requires an empowered institutional framework capable of independently probing complaints against judges, including Chief Justices of High Courts and even the Supreme Court. Accountability cannot remain symbolic in a democracy aspiring to global leadership.
Another major concern remains the culture of adjournments and ex-parte stay orders which continue to burden Indian courts with massive pendency. Justice delayed ultimately becomes justice denied, particularly for economically weaker litigants who lack resources to sustain prolonged legal battles. Courts must adopt strict timelines for verdicts, discourage unnecessary adjournments, and introduce concise judgement formats accessible to common citizens.
Long judicial vacations inherited from the colonial era also deserve reconsideration. In a country struggling with enormous case backlogs, the justice system must align itself with the realities and expectations of modern India.
The National Human Rights Commission must now recognize that delayed, inaccessible, or allegedly compromised justice directly impacts the human rights of millions of Indians. Judicial reforms are no longer merely legal or procedural discussions — they are fundamentally linked to constitutional morality, democratic credibility, and protection of citizens’ rights.
India cannot aspire to become a global economic and democratic powerhouse unless its justice-delivery system inspires complete confidence among ordinary citizens. Judicial independence must always remain protected, but independence without accountability can gradually weaken public trust. The time has come for bold, balanced, and transparent judicial reforms that strengthen both the judiciary and democracy itself.
