corruption in judiaciary
TRANSCRIPT
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 1/9
SUNDAY, SEPTEMBER 19, 2010 10:46 AM IST
•
LOUNGE HOME• |
• e-paper
• |
• TODAY'S NEWSPAPER
• |
• mint CODE
Travel
Books
Culture
Style
Play
Slideshows
Insider
þÿ
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 2/9
Parenting
Livemint Home
ADVERTISEMENT
Blogs
Videos
Podcasts
Mint Reports
Webcast Archive
Partners
• Wall Street Journal
Tools
• Mint Mobile
• RSS Feeds
• RSS Story
• mint e-paper
• Email Alerts
• Festival Contest
• Daily Newsletter
• Follow us on Twitter
• Follow us on Facebook
ADVERTISEMENT
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 3/9
Sites
• Hindustan Times
• Hindustan
• HT Next
• Fever 104
• Shine: Jobs in India• DesiMartini find Friends
ADVERTISEMENT
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 4/9
• Posted: Thu, May 3 2007. 10:24 PM IST•
• Economy and Politics
•
Corruption in Judiciary
The sheer number of cases pending in the Indian judicial system (26 million at last count)says it all.
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 5/9
• Email Print
• del.icio.us
• digg
• newsVine
•
•
• font size
One of the most frequently used words in India, corruption signifies a range of things. In
2005, Transparency International and Delhi based Centre for Media Studies, a research
firm, undertook the India Corruption Study. The survey covered 14,405 respondents over 20 states and included interviews with service providers and users (of these services). The
results, published the same year said Indians pay out around Rs. 21,068 crore as bribes
while availing one of 11 public services. While some of the results of the survey were
published, many of the details were not. The study, however, remains the most recent andthe most comprehensive report on corruption in India. Apart from calculating the extent
of corruption, in Rs. crore, it explains the mechanics of it.
Over the week, Mint will present details of the CMS study. On Monday we featuredIndia’s public distribution system. On Tuesday, we did the education system. Today, we
look at the judicial system. Reader’s are welcome to send in their feedback to
Corruption in judiciary
Corruption in education system
Corruption in Public Distribution System
Courting Corruption
The sheer number of cases pending in the Indian judicial system (26 million at last count)
says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies -- ideal conditions for middlemen to step in. In the year preceding the survey, 59% of respondents paid bribes to
lawyers, 5% to judges, and 30% to court officials.
1. Inaccesibility
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 6/9
The judicial system is highly dilatory, expensive, and beyond the reach of the common
man. Ordinary citizens find it hard to seek redress, as litigation is expensive and extra
money is often required to oil the wheels of the system
2. Misuse of power
There are instances of Metropolitan Magistrates issuing bailable arrest warrants against
individuals of whose identitites he has no idea, in return for an inducement.
Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants
against the President of India in return for an inducement of Rs. 40,000.
In some cases, judges offer a favour in exchange for personal gain or favours. In
Rajasthan, some time back, there were reports of a judge who offered judicial favour in
exchange for sexual favours from a litigant. Some of these instances have been reported
by the media, but no action has resulted.
Today, under existing rules, any person making any allegation of corruption or other
things against a sitting judge can be charged and punished for contempt of court. This is a
deterrent against more such instances coming to light.
3. A difficult impeachment process
The Supreme Court of India has ruled that no first information report (FIR) can beregistered against a judge, nor, a criminal investigation initiated without prior approval of
the Chief Justice of the Supreme Court. Once appointed, a judge of the High Court or
Supreme Court cannot be sacked except by a complicated impeachment process, done by
members of the Lok Sabha and the Rajya Sabha, the two houses of Indian parliament.Their immunity is reinforced by the fact that the procedure isn’t just cumbersome but also
susceptible to political influence. In the 1990s, when the Congress was in power, amotion seeking to impeach Justice V Ramaswami could not be passed by parliament as
Congress members of parliament abstained from voting. There have been no other
attempts at impeachment in India.
4. Slow and inefficient
Many cases drag on for years. SAn oft cited excuse is the lack of staff, but the judicial process itself is unnecessarily complicated and inefficient, making cases drag on for a
long time. Bribes are sometimes ought to davance the judgement or bend it. At last count,some 26 million cases were pending in Indian courts.
Why People Pay Bribes
1. Favourable judgement
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 7/9
Recent media reports have shown that it is possible to secure a favourable judegement in
a lower court by bribing the judiciary, although the situation radically improves when it
comes to the higher courts.
2. Speeding up judgement
There is a huge backlog of cases in Indian courts which results in delayed judgements. It
is quite common for a case to drag on for years. People often have to pay bribes to speed
up the process.
3. Other activities
A llot of non case related work also falls under the purview of the judiciary. This includes
the issual of affidavits, registrations, etc. People often pay bribes to get this work done by
a middleman.
4. Obtaining bail
The judge has a lot of discretion in issuing bail; the guidelines governing this are fairly basic. It is possible to secure bail by influencing the judge in some cases.
5. Manipulating witnesses
As some recent high-profile cases have shown, witnesses are manipulated through money
or force into giving favourable testimony.
Suggested Solutions
1. Use of technology
* A review of how court records are handled and the introduction of modern tracking
methods can eliminate much of petty corruption existing in lower courts
* Websites and CDs can explain basic law to laymen
* Court files can be computerized
* Video recordings of cout procedings should be maintained
2. Reduce the gap
* Provide alternative methods of dispute redressal to lighten burden on courts
* Increase number of judicial officers and number of fast track courts
* Create a vigilance cell for redressal of public grievances
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 8/9
3. Making the judiciary accountable
* Judges must be subject to judicial review
* Judges must follow a code of conduct
* Bar associations must act against corrupt members
* A public body must keep an eye on the judicial system
* An Indian judicial service must be created
* The proposed National Judicial Commission should have powers to fire judges
* Judges should declare their assets and those of their family
Corruption in judiciary
Corruption in education system
Corruption in Public Distribution System
Tags - Find More Articles On:
Corruption 2007
Like Dislike •
Community Disqus • Login
options
o
o
o
o
o
o
• AboutDisqus
Glad you liked it. Would you like to share?
8/6/2019 Corruption in Judiaciary
http://slidepdf.com/reader/full/corruption-in-judiaciary 9/9
Twitter Share No thanks
Sharing this page ...
Thanks! Close
Add New Comment
Post as …
Showing 0 comments
Sort by Subscribe by email Subscribe by RSS
Trackback URL
blog comments powered by DISQUS
o Corruption in PDS: business out of poverty
o Corruption in government hospitals
o Corruption in electricity services: poor state
o Corruption in Income-Tax: beaten by Babudom
More videos >>
o The Week in Review for 17 September 2010
o India’s potash self-sufficiency efforts still nascent
o PMI, exports point to slower growth
o Co-ordinate policies against protectionism: India to G-20
o Pranab to attend IMF-WB meet in US next month
þÿ
þÿ