Judicial Corruption in India: Accountability, Transparency & Reform

A controversy arose after the new Class 8 NCERT Social Science textbook included explicit references to judicial corruption, case backlog, and barriers to access to justice.

• Following backlash, NCERT issued an apology and reportedly withdrew the books, sparking a wider debate on transparency, institutional accountability, and civic education.

Nature and Extent of Judicial Corruption

• Deep-Rooted Issue: Unlike executive corruption, judicial corruption is deep-rooted and often hidden from the public eye.
• Types of Corruption : It is not limited to monetary bribes but also includes:
  • Nepotism: Favouring and promoting known individuals.
  • Misuse of Power: Using judicial authority for personal gain.
  • Conflict of Interest : Judges presiding over cases where they have a personal stake.
  • Public Perception : A 2007 Transparency International report found that 77% of Indians rated the judiciary as corrupt.
• Evidence of Disproportionate Wealth :  According to various newspaper reports , In the Yashwant Varma case (Delhi High Court Judge), crores of rupees in cash were reportedly recovered after a fire at his official residence, an amount inconsistent with a judicial salary.

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Barriers to Accountability

• Contempt of Court : This creates a fear that prevents the public and media from questioning judges, as they risk fines or imprisonment.
• Difficult Impeachment Process : Under Article 124(4) and the Judge Inquiry Rules (1968), removing a judge is nearly impossible.
  • It requires the signatures of 100 Lok Sabha MPs or 50 Rajya Sabha MPs just to begin the process.
  • The outcome depends on political will rather than merit. 
  • Example: In 1993, the impeachment of Justice V. Ramaswami failed because the ruling party refused to vote against him, despite proven corruption charges.

Failure of In-House Mechanisms

• Non-Functional Systems : The internal mechanism for judges to investigate their own peers is practically non-functional.
• Complaints Statistics: Recently, the Ministry of Law informed Parliament that 8,630 complaints had been filed against judges in the Chief Justice of India’s office over the last 10 years.
• Lack of Action : Despite serious allegations, inquiries are almost never conducted, and files are often suppressed without investigation.

Way Forward

• National Judicial Commission (NJC): A constitutionally backed National Judicial Commission should be established to oversee judicial appointments and ensure accountability, insulated from political influence.
• Mandatory Asset Disclosure: All judges should be required to make an annual public declaration of their assets to enhance transparency.
• Reform of Contempt Law: There is a need to ensure that contempt provisions are not misused to shield judicial misconduct from legitimate scrutiny.
• Transparent Collegium Appointments: Clear, publicly disclosed criteria should be introduced for judicial selection to improve credibility.
• Independent Grievance Redressal Mechanism: A separate institutional mechanism must be created for citizens to file and track complaints against judges.

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Conclusion

Strengthening judicial accountability through transparency and credible oversight is essential to balance independence with responsibility. Only openness and adherence to constitutional values can sustain public trust in the judiciary

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