Legal System: A Means to Serve Justice or a Façade for Profit?
An Insight by Dr Sunil S Rana
(Managing Director, The Lexà, a Law Firm).
The Indian legal system, hailed as one of the cornerstones of democracy, has a constitutional mandate to ensure justice, equality, and fairness. It aims to uphold the rule of law, protect citizens’ rights, and act as a medium to resolve conflicts. However, an age-old saying by the Roman orator Cicero, “The more laws, the less justice,” resonates deeply in contemporary India, where the judicial and legal machinery often gets bogged down by inefficiencies, corruption, and vested interests.
This article explores whether the Indian legal system truly serves its purpose of delivering justice or if it has devolved into a lucrative facade, profiting the powerful and exploiting the vulnerable. Through real-life examples, sociological insights, and proposed solutions, we examine the state of this institution that holds the promise of justice but often falls short of it.
The Facade of Justice: Corruption in the Legal System
Corruption in the Indian legal system is not limited to the judiciary. It permeates every level—from police investigations to legal clerks, lawyers, and even some judges. Transparency International’s Corruption Perception Index has often cited India’s judiciary and law enforcement among the areas most susceptible to corruption.
1. Manipulated Investigations
The first step in any legal battle begins with investigations conducted by law enforcement. However, this is often where the system is most compromised. Police officers, under pressure from political leaders or bribed by influential parties, frequently manipulate evidence or delay investigations.
Real-life Example: The Hathras Case (2020) In Uttar Pradesh, a brutal gang rape and murder shook the nation, but the police allegedly destroyed evidence by hurriedly cremating the victim’s body. Reports suggested political pressure played a role, highlighting how systemic corruption obstructs justice for the powerless.
2. Delayed Justice
India’s legal adage, “Justice delayed is justice denied,” starkly reflects the country’s staggering backlog of over 4.7 crore pending cases (as of 2024). Many litigants spend their entire lives awaiting a verdict, often spending substantial sums on legal fees while lawyers and middlemen exploit the delays.
Example: The Bhopal Gas Tragedy Case The 1984 gas leak in Bhopal, one of the world’s worst industrial disasters, resulted in decades of litigation. The survivors received inadequate compensation due to bureaucratic delays and the government’s questionable settlement with Union Carbide Corporation. Justice, even after 40 years, remains elusive.
3. The Nexus of Power and Money
Corruption in the legal system often stems from the nexus between politicians, corporations, and judicial officers. This collusion leads to selective justice, where the powerful escape consequences while the weak are silenced.
Example: Vijay Mallya and Economic Offenders Economic offenders like Vijay Mallya, Nirav Modi, and others have exploited loopholes in the system to flee the country, leaving behind massive unpaid loans. Their cases reveal how wealth and influence allow individuals to evade justice while common citizens face the brunt of stringent legal actions for minor infractions.
4. The Legal Profession: Between Ethics and Greed
Many lawyers, despite their ethical obligations, engage in practices that prioritize profit over their clients’ welfare. Legal fees, particularly in high-profile cases, often run into lakhs or crores, making justice inaccessible to the poor. As Mahatma Gandhi once said, “A lawyer’s duty is to save society from the ills of lawlessness, not to profit from it.” Yet, in practice, this duty is frequently neglected.
Root Causes of Corruption in the Legal System
1. Lack of Accountability Judges and legal professionals often operate without adequate checks and balances. The inaccessibility of judges and lack of transparency in appointments create fertile ground for unethical practices.
2. Overburdened Courts With an inadequate number of judges (around 21 per million population) and poor infrastructure, the judicial system struggles to keep pace with the increasing number of cases.
3. Economic Inequality The legal system disproportionately favors the affluent, who can afford top lawyers, while marginalized communities face insurmountable barriers.
4. Political Interference The judiciary is often unable to maintain independence due to pressure from political entities, undermining its impartiality.
The Way Forward: Solutions to Combat Corruption
As Dr. B.R. Ambedkar, the architect of the Indian Constitution, stated, “Law and order are the medicine of the body politic, and when the body politic gets sick, medicine must be administered.” It is imperative to reform the Indian legal system to restore public trust and ensure equitable justice.
1. Digitization and Transparency
Technology can play a transformative role in reducing corruption. Digitizing court records, case management, and hearing procedures can minimize the influence of middlemen and reduce delays.
Example: E-Courts Project Initiatives like the E-Courts Mission Mode Project have shown promise by enabling virtual hearings and improving access to case information.
2. Judicial Accountability
Establishing an independent body to oversee judicial conduct can deter unethical practices. A transparent process for judicial appointments and promotions, akin to the National Judicial Appointments Commission (NJAC), can ensure merit-based selections.
3. Legal Aid and Pro Bono Services
To make justice accessible, the government must strengthen legal aid programs. Lawyers should be incentivized to take up pro bono cases for underprivileged clients.
4. Fast-Track Courts
Setting up more fast-track courts for cases involving rape, corruption, and economic offenses can help expedite justice. These courts must be adequately staffed and monitored to avoid procedural delays.
5. Strengthening Law Enforcement
The police force must be depoliticized, with stricter laws against tampering with evidence or misuse of power. Transparent recruitment and training programs focusing on ethics can improve accountability.
6. Educating Citizens
Public awareness campaigns can empower citizens to demand transparency and hold the system accountable. Social thinker John Stuart Mill emphasized the importance of an informed citizenry: “The worth of a state in the long run is the worth of the individuals composing it.”
The Ethical Dimension of Justice
As society evolves, so must its legal system. The philosopher Plato once remarked, “Justice means minding your own business and not meddling with other men’s concerns.” However, in modern times, justice demands an active commitment to protecting the rights of others, particularly the vulnerable.
The judiciary must embody the values of humility, fairness, and integrity. Legal professionals should revisit their ethical duty to serve society, not just their personal interests. As a lawyer, Mahatma Gandhi led by example, often foregoing fees for clients who couldn’t afford them, demonstrating that justice must be inclusive and compassionate.
Conclusion: Reclaiming the Soul of Justice
The Indian legal system, despite its flaws, remains a vital pillar of democracy. However, as the poet Lord Byron wrote, “Justice is truth in action.” Without truth, justice becomes a mere facade—a profit-making venture for the powerful.
To restore its credibility, the legal system must undergo structural and ethical reforms. By embracing transparency, accountability, and compassion, India can ensure that its legal machinery serves the people, not the privileged few. Justice must be a beacon of hope, not a tool for exploitation. As citizens, policymakers, and professionals, it is our collective responsibility to reclaim the soul of justice and uphold the ideals enshrined in our Constitution.
Comments
Post a Comment