Addressing criticism of the Indian judiciary

• Societies often seek scapegoats for complex issues; in India, courts are being portrayed as the main obstacles to economic growth by some in the ruling class.

• Sanjeev Sanyal, from the Prime Minister’s Economic Advisory Council, identifies the judiciary as a critical impediment to India becoming “Viksit Bharat” within 20-25 years, citing it as the single biggest hurdle to rapid growth.

• Criticism of the judiciary often lacks nuance and reduces it to negative stereotypes, ignoring the broader governance failures affecting its functioning.

• The judiciary is indeed overstretched and under-resourced, with other government sectors failing to prioritize these issues.

• Sanyal’s reliance on examples such as the failure of pre-suit mediation under the Commercial Courts Act overlooks that courts implement laws created by Parliament, thus the responsibility for ineffective legislation lies with the drafters, not the judges.

• The “99-to-1” issue raised by Sanyal, regarding laws protecting the minority from abuse, highlights a problem with vague lawmaking rather than a failure of judicial systems.

• Judicial delays in contract enforcement stem more from governmental practices than judicial shortcomings, as government entities are often the largest litigants, complicating the judicial process.

• Judges manage heavy caseloads, often handling 50-100 cases daily amidst inadequate infrastructure, which is not captured in simplistic critiques of court operations.

• Judicial vacations, originating from colonial practice, are necessary for judges to manage their workload and are not as detrimental as portrayed; many courts remain active during these periods.

• Critiques of legal reforms, like the new Income-Tax Act, indicate persistent issues with clarity and complexity in the law, raising doubt about the effectiveness of attempted simplifications.

• Structural reforms in the judiciary are essential, as delays and outdated practices exist, but vilifying the judiciary distracts from the underlying legislative and administrative issues within government.

• The judicial role is integral to India’s constitutional democracy, providing checks on executive power, and weakening it would compromise true development.

Indian judiciary criticism addressed is important topic for Civil service exam (WBCS).

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