Crisis Of Justice In India
FRONTLINE|May 27 2016

India is caught between two conflicting visions of the nation—a progressive constitutional one and a conservative one—each with its own view of the role of the judiciary. The fundamental struggle between these has profound implications for the country’s judicial system. 

G. Mohan Gopal
Crisis Of Justice In India

No one can disagree with the Chief Justice of India that India has too few judges. China today has over two lakh judges for a population only slightly more than that of India. Even after an explosive growth in judge strength in India in the last decade (judge strength nearly doubled from about 11,000 to about 20,000), India still has only some 10 per cent of the number of judges that China has and only some 66 per cent of the judge strength of the United States, which has some 30,000 judges.

The Chief Justice is again absolutely right when he says that many judges are hugely overworked  (this is, of course, no different from the situation in which many other public servants providing equally important services in our country, such as police personnel, teachers, doctors, nurses, etc., find themselves). However, the question of judge strength and judicial reform cannot be discussed without addressing more fundamental questions: Why do we need more judges? What is the role of the judiciary? What do we expect of our judges?

FEUDAL IDEA OF INDIA

The role of any judiciary is derived from the vision of the nation of which it is a part. India is caught between two conflicting visions of the nation—a progressive constitutional vision and a conservative social vision—each with its own view of the role of the judiciary and the number and types of judges needed. The conservative social vision of India is of a strong nation that derives its strength from the ruling classes. India is envisioned as a nation united by a common set of beliefs and values emanating from and authorised by the ruling classes and imposed on the masses. In this view, a strong India equals a strong ruling class (the “iron frame” or “authoritarian” vision).  This vision is, in essence, an attempt to update and revive the feudal idea of India.

This story is from the May 27 2016 edition of FRONTLINE.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

This story is from the May 27 2016 edition of FRONTLINE.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

MORE STORIES FROM FRONTLINEView All
How Not To Handle An Epidemic
FRONTLINE

How Not To Handle An Epidemic

The lockdowns were meant to buy time to put in place appropriate health measures and contain the coronavirus’ spread, but they have failed to achieve the objective and heaped immense misery on the marginalised sections of society. India is still in the exponential phase of the COVID-19 infection and community transmission is a reality that the government refuses to accept.

time-read
9 mins  |
June 5, 2020
Tragedy on foot
FRONTLINE

Tragedy on foot

As the COVID-19-induced lockdown cuts the ground beneath their feet in Tamil Nadu, thousands of migrant workers are trudging along the highway to the relative safety of their upcountry homes.

time-read
10+ mins  |
June 5, 2020
Sarpanchs as game changers
FRONTLINE

Sarpanchs as game changers

Odisha manages to keep COVID-19 well under control because of the strong participation of panchayati raj institutions and the community at the grass-roots level under the leadership of Chief Minister Naveen Patnaik.

time-read
7 mins  |
June 5, 2020
Scapegoating China
FRONTLINE

Scapegoating China

As the COVID-19 death rate spikes and the economy tanks in the United States, Donald Trump and his advisers target China and the World Health Organisation with an eye to winning the forthcoming presidential election.

time-read
10 mins  |
June 5, 2020
New worries
FRONTLINE

New worries

Kerala’s measured approach to the pandemic and lockdown has yielded results. But it still has to grapple with their huge economic impact on its economy, which it feels the Centre’s special financial relief package does little to alleviate.

time-read
9 mins  |
June 5, 2020
FRONTLINE

No love lost for labour

Taking advantage of the lockdown and the inability of workers to organise protests, many State governments introduce sweeping changes to labour laws to the detriment of workers on the pretext of reviving production and boosting the economy.

time-read
8 mins  |
June 5, 2020
Capital's Malthusian moment
FRONTLINE

Capital's Malthusian moment

In a world that needs substantial reorienting of production and distribution, Indian capital is resorting to a militant form of moribund neoliberalism to overcome its current crisis. In this pursuit of profit, it is ready and willing to throw into mortal peril millions whom it adjudicates as not worth their means—an admixture of social Darwinism born of capital’s avarice and brutalism spawned by Hindutva. .

time-read
10+ mins  |
June 5, 2020
Understanding migration
FRONTLINE

Understanding migration

When governments and their plans are found to be blatantly wanting in addressing reverse migration, exercises such as the Ekta Parishad’s survey of migrant workers throughout India can be useful to work out creative long-lasting solutions.

time-read
10 mins  |
June 5, 2020
Waiting for Jabalpur moment
FRONTLINE

Waiting for Jabalpur moment

The Supreme Court’s role in ensuring executive accountability during the ongoing lockdown leaves much to be desired. Standing in shining contrast is the record of some High Courts.

time-read
10+ mins  |
June 5, 2020
An empty package
FRONTLINE

An empty package

The Modi regime, which has been unable to control the COVID-19 infection, restore economic activity and provide relief to millions exposed to starvation, trains its sights on Indian democracy, making use of the panic generated by fear and a lockdown that forecloses paths of resistance.

time-read
10+ mins  |
June 5, 2020