Judiciary is Indian democracy’s only flicker of hope

ForumIAS announcing GS Foundation Program for UPSC CSE 2025-26 from 27th May. Click Here for more information.

NewsEven when other powerful institutions appear to be faltering and floundering, people continue to have faith in the judiciary as the last post of justice. But two issues that need immediate attention in Judiciary. These are 1. Lack of diversity, 2. The secrecy around the appointment of judges.

Must read: The Collegium System – Explained Pointwise
Why do these issues require immediate attention?

The appointment of judges requires attention because of inherent issues. Such as the selection is individual-centric rather than system-centric apparatus.

Particular caste domination: There is a massive under-representation of Dalits, OBCs, minorities and women in the Judiciary. Irrespective of who is in power, the Brahmin community hardly accounts for 4% of the population, occupying 30-40% of posts in the higher judiciary constantly. The Supreme Court didn’t have a judge from the OBC, SC or ST communities until 1980.

Read more: Issue of Gender Gap in Judiciary – Explained, Pointwise
What should be done to strengthen the Judiciary?

The executive, legislature, judiciary, the bar, the public must be represented in the judicial appointments commission. The general public should have a crystal-clear view of the people who are going to be the judges of our top courts.

Indian democracy requires a vibrant judiciary to guide the other organs of states.

Read more: Pendency of Cases and Rising Vacancies in the Judiciary – Explained, Pointwise
What should be done to strengthen Indian Democracy?

The legislature, judiciary and the media are crucial to ensure checks and balances in a democratic system.

-As per the words of CJI, the “sorry state of affairs” on law-making and parliamentary debate has to be addressed.

-The Chief Justice also rued the demise of investigative journalism in the country. Courageous journalism makes democracy robust, So it has to be revived.

A judge of Bombay High Court said “Governments will come and go but the idea of India, the constitutional idea of India, parliamentary democracy must be protected. In the constitutional scheme of things, there is no such thing as too much noise or too much dissent.”

Source: This post is based on the article “Judiciary is Indian democracy’s only flicker of hope” published in Indian Express on 29th Dec 2021.

Print Friendly and PDF