Legal reform: Moral failure of epic proportions

The recent gabfest at the conference of chief ministers and chief justices held in New Delhi on April 19, highlighted all thats wrong with 21st century Indias legal system which is — as it has been for several decades — on the point of collapse. If it isnt quite dead yet, it is because of the forbearance of Indias aam admi (common man) and his endless capacity to endure open, continuous and uninterrupted injustice. The statistics tell it all. Currently, because of inadequacy of infrastructure, shortage of advocates ready, willing and able to don judicial robes, and archaic procedural laws which govern courtroom processes, theres a pending backlog of 24.8 million cases in the subordinate courts; 3.7 million cases in the countrys 21 high courts, and 40,000 in the Supreme Court, awaiting hearing and disposal. This mountainous backlog of judicial arrears has reduced the countrys economic super-power aspirations to a laughing stock in the global community. Except citizens suffering the arrogance, unapologetic delay — and dare one say it? — corruption, of the legal system arent laughing: it hurts too much. The chronic ills and ailments of Indias judicial system which are a matter of common knowledge to the long-suffering public were as usual discussed threadbare at the chief ministers-chief justices conclave. For a start theres a huge shortage of judges in this countrys legal system. Whereas in the US there are 107 judges per million population and 51 per million in the UK, in fast-track India where the economy is growing at 8 percent plus per year (which means legal transactions and disputes are growing commensurately) the ratio is 12 per million. Quite obviously this also means there arent nearly enough buildings, courtrooms, law libraries, etc either. And the countrys existing, crumbling, minimally furbished courtrooms functioning in Dickensian gloom are testimony to the sordidness of the legal system rather than majesty of the law which is proclaimed from the roof tops by the judiciary. Whos to blame for reducing the justice administration system of this country which once used to be proud of its independent and fearless judiciary? Quite obviously the political class cutting across all parties and ideologies for whom a strong and efficient legal system dispensing swift and stern justice is anathema. A speedy and efficient justice delivery system would put paid to the millions of rackets, scams and associated shenanigans they run countrywide. But wait, their lordships of the bench and legal practitioners at the bar are also to blame for running the system into the ground. Despite being an independent estate in its own right and equipped with formidable contempt powers, the higher judiciary has consistently failed to direct the Central government to fill up judicial vacancies and legislate meaningful legal reform. Moreover the leading lights of the lawyers community have remained content to feed off the ailing legal system rather than use their formidable powers of analysis and persuasion to resurrect the system to restore the majesty of law. Its a collective moral failure…