IMPACT OF CORRUPTION ON THE INDIAN JUDICIARY SYSTEM
AUTHORED BY - SHWETA SANKHLA
Department of Law, Faculty of Law,
Jai Narain Vyas University, Jodhpur, Rajasthan, India
Criminal justice in India is facing multifaceted challenges, including the prevalence of corruption, which undermines the rule of law, erodes public trust, and hampers social and economic development. This paper delves into the impact of corruption on the Indian judiciary system, investigating its causes, consequences, and the imperative need to eliminate it. The study aims to evaluate the extent of corruption within the judiciary, analyze its effects on the delivery of justice and the protection of human rights, and explore the avenues for reform. The research encompass understanding how to eradicate corruption from the judiciary, assessing the impact of corruption on the Indian judiciary system, and examining the multifaceted causes and consequences of corruption within the Indian judiciary. This study examine the null hypothesis that corruption significantly impacts the Indian judiciary system. By addressing these critical issues, this research seeks to contribute to the ongoing discourse on judicial reform, transparency and accountability, which are essential to ensure that the Indian judiciary fulfills its role as the guardian of the rule of law and the protector of citizens' rights.
Keywords: Corruption, Indian Judiciary, criminal justice system, judicial corruption
Criminal justice systems maintain social order, enforce laws, and address crimes and other legal violations. It plays a crucial role in society by identifying, apprehending, prosecuting, and punishing individuals who engage in unlawful activities. The key components of the criminal justice system typically include:
Law Enforcement: Police and other law enforcement agencies investigate crimes, arrest suspects, and gather evidence.
Prosecution: Prosecutors, often representing the state, bring charges against individuals accused of committing a crime. They decide whether to proceed with a case and present the evidence in court.[1]
Courts: The court system is responsible for conducting trials and making legal decisions. Judges and juries determine guilt or innocence, as well as sentences if a defendant is convicted.
Defense: The defense side comprises lawyers who represent the accused, ensuring their rights are protected and presenting their case in court.
Corrections: If found guilty, offenders are sentenced to various forms of punishment, such as imprisonment, probation, or community service. The corrections system manages these punishments and focuses on rehabilitation, punishment or both, depending on the criminal justice philosophy of the jurisdiction.
Probation and Parole: For certain offenders, the criminal justice system may implement probation (supervised release in the community) or parole (early release from prison with supervision). These programs aim to help reintegrate individuals into society while monitoring their behavior.
The criminal justice system protects victims and defendants, upholds the law and ensures public safety. Its operations may vary from one country to another and from one jurisdiction to another, influenced by legal frameworks, cultural norms, and societal values. The ultimate goal is to achieve a balance between accountability, rehabilitation and the fair administration of justice.[2]
Criminal justice system in India
World's biggest democracy is India. A new legal system is required despite the failed criminal justice system. Policy reforms are required to address gaps. The UDHR gives rights immediately. Therefore, they are government gifts, not bequests. Human rights are universal, morals aside. Human rights activists defend our dignity and equality. Popularizing an idea involves this. Human rights grew. Conception grants rights. Joining them. Indian human rights are endangered. Human dignity is vital for peace, justice, and freedom.[3]
UN approved post-war rights. Rights are supported by international law. Without basic rights, democracy crumbles. India is UDHR. National criminal justice must respect human rights. National criminal justice must promote peace. This includes justice and law enforcement. Criminal justice systems frequently breach human rights for public safety and victim/offender care. Democratic laws protect human rights best. Individual dignity fosters talent in constitutional democracy. Respecting rights creates unbiased employees. Consider this while discussing inclusive democracy. In international criminal justice, police, courts, and prisons safeguard individual rights. The criminal justice system arrests, deters, and punishes. The 1973 Criminal Procedure Code mandates pre-arrest inquiry. Criminal justice involves police, courts, and jails. Everyone in India should be brave. Citizens may sue the Indian Supreme Court or High Court for government rights infringement. Justice is India's greatest rights activist. Constitution protects honours. Human rights differ by country. The execution failed India despite human rights improvements. Geneva ICJ violates Indian rights. Global human rights organisations demand fair trial abuse accountability. [4]
Under Universal Declaration of Human Rights Article 10:
Every criminal defendant must receive a public hearing before an impartial tribunal to decide rights, obligations, and charges. Criminal justice should be equitable for everybody. Criminal justice rights underpin national civility. Progressive and humane Supreme Court judgement shield defendants and police abuse victims. Although illogical, the Supreme Court's law extension is questioned. Keeping a suspect hidden may make capture harder. Incorrect Critiques of judicial interpretation and development are based on strong ideas, not facts or society, since criminology lacks socio-legal research. Judges must understand criminal law's socio-legal aspects to balance society's requirements and the innocent's rights.[5]
Null Hypothesis: There is significant Impact of corruption on the Indian Judiciary System
Alternative Hypothesis: There is no significant Impact of corruption on the Indian Judiciary System
Criminal justice in India faces multifaceted challenges, including dysfunction within the system and the pervasive issue of corruption, which poses a significant threat to the delivery of justice, human rights, and overall societal development. Corruption within the judiciary has a detrimental impact on the legal system, leading to delayed justice, undermining public trust and weakening the institutions responsible for upholding the rule of law. This problem statement aims to investigate and understand the causes and consequences of corruption in the Indian judiciary system, as well as to evaluate its overall impact on the judiciary's ability to function effectively and impartially.
The most famous lines by LORD ACTON that “All power tends to corrupt and absolute power corrupts absolutely”. When powerful people misuse authority, corruption arises. Corruption may be large, petty, or political depending on sector and money lost. Petty corruption includes lower-ranking officials and less money than grand corruption. Politician corruption affects institutions, policies, and processes. Low income, institutions, transparency, accountability, nepotism, tribalism, poverty, social norms, and culture may induce corruption. To prevent corruption, strengthen the legal framework and enforcement mechanisms, increase transparency and access to information, encourage citizen participation and oversight, improve public sector management and accountability, reform political financing and lobbying regulations, promote integrity and ethics, and empower civil society and media.[6]
Corruption in India
Corruption plagues India's economy, society, and democracy. Public office abuse includes bribery, nepotism, fraud, extortion, and embezzlement. Political, bureaucratic, judicial, police, media, education, health, and corporate corruption occur. India's 40/100 score on Transparency International's 2020 Corruption Perceptions Index1 put it 86th out of 180 countries, indicating high public sector corruption. India's corruption score has stagnated since 2012. [7]
Types of Corruption: Corruption in India takes various forms, including bribery, embezzlement, nepotism, cronyism, and fraud. It can occur at both the petty level (e.g., bribing a police officer) and at the highest levels of government (e.g., corruption scandals involving politicians).
Corruption Perception: India routinely ranks poorly on international corruption perception measures like Transparency International's CPI. This indicates that corruption is a national concern.
Anti-Corruption Institutions: State anti-corruption departments, the CVC, and the CBI battle corruption in India. These authorities struggle to prosecute powerful persons.
Legal Framework: Indian anti-corruption laws include the Prevention of Corruption Act and Right to Information Act. Corruption whistleblowers are protected by the WPA.[8]
Political Corruption: Corruption is prevalent in politics, with allegations of politicians accepting bribes, misusing public funds, and engaging in vote-buying. Money plays a significant role in elections, making it challenging for clean candidates to compete.
Bureaucratic Corruption: Bureaucratic corruption is another widespread issue, with officials often demanding bribes for basic services. This can hinder economic development and discourage investment.
Civil Society and Activism: Civil society groups, NGOs and anti-corruption campaigners have helped raise awareness and promote openness and accountability.[9]
Challenges: Addressing corruption in India is challenging due to its widespread nature, complex bureaucracy and political patronage networks. Enforcement of anti-corruption laws can be inconsistent, and corruption can undermine economic growth and social development.
Judiciary
Indian courts are rife with corruption. Transparency International attributes judicial corruption in India to long case adjudication timeframes, a lack of judges, and complicated processes, all of which are exacerbated by new laws.
India periodically modifies and strengthens anti-corruption policies. But Corruption still hinders India's government, economic growth and social fairness.[10]
The criminal justice system in the medieval period was very different from the modern one. It was based on the principles of feudalism, religion, and tradition, rather than on rationality, human rights, and equality. Some of the main features of the criminal justice system in the medieval period were:
The criminal justice system in the medieval period was harsh and cruel, reflecting the violent and unstable nature of the society at that time. It was also arbitrary and unfair, favouring the powerful and oppressing the weak. It did not protect the rights or interests of the people, but rather served as a tool of social control and political domination.[11]
The criminal justice system in India has undergone several changes during and after the British era. The British introduced many laws and institutions that influenced the administration of justice in India, both in the Presidency Towns and the Mufassil areas. Some of the major developments in the criminal justice system during and after the British era are:
The Charter of 1726: This was the first intervention by the British Crown in the administration of justice in India. It established Mayor’s Courts in the three Presidency Towns of Bombay, Madras, and Calcutta, which had jurisdiction over civil and criminal matters involving the British subjects and their servants. The Mayor’s Courts followed the English common law and procedure, which was different from the indigenous laws and customs.
The Regulating Act of 1773: British Parliament's first effort to govern India's political and territorial East India Company. The Calcutta Supreme Court controlled all British Bengal, Bihar, and Orissa subjects. It established a Governor-General and Council to manage justice and other issues in these provinces.
The Cornwallis Code of 1793: This was a comprehensive reform of the judicial system in Bengal, Bihar, and Orissa, initiated by Lord Cornwallis, the Governor-General. It abolished the dual system of administration of justice by the Company and the native authorities, and established a uniform system of courts and laws for both civil and criminal cases. It also introduced the principle of separation of powers, independence of judiciary, rule of law, and jury trial.[12]
The Indian Penal Code of 1860: This was the first codification of criminal law in India, drafted by a Law Commission headed by Lord Macaulay. It defined various offences and prescribed punishments for them, based on the principles of utilitarianism, deterrence, retribution, and reform. It also incorporated some elements of indigenous laws and customs, such as dharma and qisas.
The Criminal Procedure Code of 1861: This was the first codification of criminal procedure in India, which laid down the rules for investigation, arrest, trial, appeal, and execution of criminal cases. It also established a hierarchy of courts, such as High Courts, Sessions Courts, District Courts, Magistrate Courts, etc., with different powers and jurisdictions. It also provided for some safeguards for the accused, such as presumption of innocence, right to counsel, right to bail, etc.[13]
The Indian Evidence Act of 1872: This was a codification of the rules of evidence applicable to both civil and criminal cases in India. It was based on the English law of evidence, but also incorporated some modifications to suit the Indian conditions. It defined various types of evidence, such as oral, documentary, circumstantial, etc., and laid down their admissibility, relevancy, weight, etc.
The Indian Police Act of 1861: This was an act that established a uniform system of police administration in India. It created a centralized police force under the control of the provincial governments, headed by an Inspector-General of Police. It also defined the duties and powers of the police officers, such as maintaining law and order, preventing and detecting crime, enforcing laws, etc.
The Indian Independence Act of 1947: This was an act that granted independence to India from British rule. It also partitioned India into two dominions: India and Pakistan. It provided for the continuation of existing laws and institutions until they were modified or repealed by the respective legislatures. It also gave power to the Constituent Assemblies of both dominions to frame their own constitutions.
The Constitution of India of 1950: This is the supreme law of India that defines its political structure and legal framework. It guarantees inhabitants legal equality, free speech, life, and personal liberty. Also discussed are social, economic and political justice. It establishes a federal system with central and state legislatures. A Supreme Court and independent judiciary are established.[14]
Corruption in India is a topic that seems to never fall out of fashion. From as far back as Kautilya’s Arthashastra in the 4th century BC to the 2G telecommunications spectrum scam in the contemporary period, corruption is widely perceived to be an endemic phenomenon in the Indian subcontinent[15]. Corruption has been a long-standing issue in India and various legislative measures and efforts have been made to combat it. Here's an overview of the situation before and the latest of anti-corruption legislation in India up to my last knowledge update in September 2023.
Before
Corruption in India has a deep historical and cultural context. It was prevalent in various forms in pre-independence India, during the colonial period, and continued to persist after India gained independence in 1947. Corruption existed in government offices, law enforcement agencies, and other institutions.
Key Legislation and Initiatives Before
Pre-Independence: The British colonial government had various anti-corruption laws in place, but corruption was widespread in the administration.
Pre-2000s: Indian anti-corruption laws and institutions included the 1988 Prevention of Corruption Act and Central Vigilance Commission. However, the enforcement of these laws was often lax, leading to a culture of impunity.[16]
Nowadays
Efforts to combat corruption in India have continued to evolve and several legislative measures and initiatives have been introduced to address the issue.
Prevention of Corruption Act (PCA): The 1947 PCA was the first significant anti-corruption legislation. It discouraged authorities from profiting from post-war reconstruction. Public personnel couldn't collect illegal money for official or unofficial work. The 1988 and 2018 PCA amendments raised penalties and scope. The 1988 amendment criminalized public employee power abuse, excessive assets, and property theft. Since 2018, the PCA prohibits public servant bribery. It raised the minimum and maximum sentences for bribe-givers and takers from six to three and five to seven years. The 2018 amendment might take public officers' improperly obtained polluted property.
Lokpal and Lokayuktas Act of 2013: The 2013 Lokpal and Lokayuktas Act created national and state Lokpal to probe corruption charges against the PM, ministers, MPs, judges, and government employees. The Prime Minister, Chief Justice, Lok Sabha Speaker, Leader of the Opposition, and a respected jurist suggest a Lokpal chairman and up to eight members to the President of India. Lokpal may ask preliminary questions, order investigations, prosecute offenders, and discipline corrupt public officials.[17]
Prevention of Money Laundering Act: The PMLA of 2002 criminalized money laundering, which entails portraying criminal gains as clean money. PMLA created the Enforcement Directorate (ED) to investigate money laundering. Multiple revisions expanded and improved the PMLA. The 2019 amendment expanded proceeds of crime to encompass property equivalent to them outside India. It also let the ED confiscate money laundering property without conviction if prosecution is ongoing or a person is absconding or dead.
Benami Transactions (Prohibition) Amendment Act of 2016: Benami Transactions (Prohibition) Amendment Act of 2016 updated 1988 legislation banning owning property paid for by another for criminal reasons or to dodge taxes. The amended legislation clarified benami transactions, established authorities for adjudication and seizure of benami property, prosecuted offenders, and allowed agency information interchange.
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act of 2015:- Indian international black money was addressed by the 2015 Black Money (Undisclosed international Income and Assets) and Imposition of Tax Act. It taxed undeclared foreign income and assets at 30% and fined three times the tax. It also punished intentional tax evasion on overseas income or assets with three to 10 years in jail. It also required Indian citizens to report foreign income and assets in their yearly tax forms.
The Companies Act, 2013: This law includes provisions related to corporate governance and ethics, including measures to prevent and detect corporate fraud and corruption. It mandates that companies establish vigilance mechanisms to report and address unethical behavior.
The Central Vigilance Commission (CVC): The CVC is an independent body that supervises and monitors vigilance activities in government organizations and investigates corruption complaints against senior government officials.[18]
Following Indian anti-corruption laws have been enacted and amended. India's corruption persists despite these regulations. The 2021 Corruption Perception Index ranked India 86th out of 180 countries with a 40/100 score, indicating high public sector corruption. Corruption in India is caused by a lack of transparency and accountability in governance, excessive discretion and red tape in administration, weak enforcement and prosecution of anti-corruption laws, low citizen awareness and participation and socio-cultural norms that tolerate or justify corruption. Therefore, India requires more comprehensive and effective legal, institutional, social, and ethical corruption reforms.
India's Criminal Justice System (CJS) laws, institutions and procedures protect accused and victims, discourage and punish crime, and maintain order. CJS includes police, prosecution, court, and prisons.
Investigation, trial, and appeal are CJS processes. Investigative steps include police FIR filing, evidence collection, suspect arrest and interrogation, and prosecution charge sheet submission. Trials comprise court charges, witness and cross-examination, parties' arguments, and the judge's verdict. On appeal, a higher court may uphold, change or reverse the judgment.
Judicial corruption endangers India's democracy, law, and human rights. Judicial corruption includes political interference, bribery, nepotism, favoritism, misconduct, and delay. Judicial corruption may harm public faith in the justice system, judges' independence and impartiality, judgment quality and fairness, litigants' and accused individuals' rights, other sectors' corruption, and social and economic progress.
The complex Criminal Justice System investigates, prosecutes, and adjudicates crimes. These are the basic phases of a CJS criminal case, albeit they may vary by country and jurisdiction:
Investigation
A criminal case begins with the commission of a crime or the reporting of a crime. Law enforcement agencies, such as the police, conduct investigations to collect evidence, interview witnesses, and gather relevant information. Evidence can include physical evidence, witness statements, and digital records.[19]
Arrest and Detention
If there is sufficient evidence, law enforcement may arrest the suspect. The arrested individual is then detained, which involves recording their personal information, taking fingerprints and photographs and placing them in custody.
Charging
Prosecutors review the evidence and decide whether to file charges against the accused. Charges can range from misdemeanors to felonies, depending on the severity of the alleged crime.
Initial Appearance
The accused is brought before a judge for an initial appearance, during which they are informed of the charges against them. The judge may also set bail at this stage.
Bail
Bail is a legal mechanism that allows an accused person to be released from custody while awaiting trial. It is the conditional release of a person accused of a crime, for an amount pledged for the appearance of the accused when the same is due in court.[20]
Arraignment
The accused is formally informed of the charges against them and asked to enter a plea (guilty, not guilty, or no contest).
Pretrial Proceedings
Both the prosecution and defense exchange evidence, file motions and prepare for trial. Plea negotiations may also occur during this phase.
Trial
If the case goes to trial, both parties present evidence, call witnesses, and make arguments before a judge or jury. The judge or jury makes a determination of guilt or innocence.
Verdict
After the trial, a verdict is reached. If the accused is found guilty, they are sentenced.
Sentencing
If the accused is convicted, the judge imposes a sentence, which can include imprisonment, fines, probation, or community service.
Appeal
Accused have right to Appeal against the sentence or decision given by the court.Appeals are a legal mechanism that allows a party to challenge a decision made by a lower court in a higher court. In India, the appellate jurisdiction is usually vested in the High Courts. Both the High Courts and the Supreme Court have jurisdiction to hear cases which are brought as appeals. They can either overturn the lower court’s decision or uphold it[21]
Effect of Corruption on Judiciary:
Corruption in the judiciary can have significant negative effects on the justice system and society as a whole. Corruption in the Indian judiciary system has a negative impact on the delivery of justice, the protection of human rights, and the development of the country. Some of the impacts are:-
Delayed Justice: Judicial corruption violates plaintiffs' and defendants' rights to a fair trial, speedy trial, competent counsel, and innocence. Bribed judges may delay or deny justice, dismiss or accept evidence, grant or deny bail, impose or lessen punishments, etc. for personal gain. This breaches legal equality and effective remedies. Judicial corruption slows trials and judgement. Bribes and other illicit conduct may corrupt courts, generating unjustified backlogs and protracted hearings. Delays anger parties and damage public trust in the system.
Erosion of Trust: When corruption is prevalent in the judiciary, it erodes public trust in the legal system, leading to a perception that justice is for sale rather than being impartial and fair. Corruption in the courts undermines public faith in their capacity to enforce the constitution, protect rights and check government. Democratic and legal legitimacy is lost by the judiciary. Corruption in our society is like cancer, which if not detected soon within the time it will surely spread its magliance among the polity of democracy. It shakes the foundation of democracy and the Rule of Law and also a threat to constitutional governance.
Now the question is that some of the judges have bowed to misuse the powers given to them in the temple of justice as they have no responsibility and deliver judgments under the influence of political leaders and bureaucrats etc by accepting huge amounts of bribe through illegal means because of which the judicial system has become corrupt.[22]
Injustice: Corrupt practices can result in wrongful convictions or acquittals. Judges or court officials may be swayed by bribes or other incentives, leading to biased decisions.
Impunity: Corrupt individuals within the judiciary may enjoy impunity, making it difficult to hold them accountable for their actions.
Undermining the Rule of Law: Corruption in the judiciary undermines the rule of law, as it challenges the fundamental principles of justice, equality, and fairness.
Social and Economic Impact: Corruption can hinder economic development and investment, as businesses and individuals may avoid legal disputes due to a lack of trust in the judicial system.
Increased Crime: If criminals can escape justice through corrupt practices, it can incentivize criminal behavior, as individuals believe they can buy their way out of trouble.
Stifling Democracy: Democracy requires a fair and unbiased court. Judicial corruption allows powerful people or organizations to control the judicial system, stifling democracy. Transparent processes, judicial independence, proper judge salaries to decrease financial incentives for corruption, and a culture of ethical conduct in the legal profession are ways to fight judicial corruption. Anti-corruption authorities and supervision systems may also help discover and prosecute judicial corruption.
Weakening of Institutions: Bribing or influencing judges lets corrupt officials and politicians evade punishment. Police, prosecution, media, civil society, and others may conspire or extort corrupt judges due to this demand and supply chain. This perpetuates social corruption.
Judicial corruption means the voice of the innocent goes unheard, while the guilty act with impunity. A non-corrupt judiciary is a fundamental condition for the endorsement of rule of law and the ability to guarantee basic human rights in society. The judiciary must therefore be an independent and fair body that fights corruption, not the other way around. Equal treatment before the law is a pillar of democratic societies. When courts are corrupted by greed or political expediency, the scales of justice are tipped and ordinary people suffer.[23]
In conclusion, the research conducted on the impact of corruption on the Indian judiciary system sheds light on the multifaceted challenges faced by the country's criminal justice system. Corruption within the judiciary, as revealed through the study, is a deeply concerning issue that has far-reaching consequences. It erodes public trust in the judiciary, leads to delayed justice, and weakens the institutions that are meant to uphold the rule of law.
The findings of this research have significant implications for the ongoing discourse on judicial reform, transparency, and accountability in India. The null hypothesis, which suggests that corruption significantly impacts the Indian judiciary system, is supported by the evidence presented in the study. Corruption within the judiciary is not merely a theoretical concern but a practical obstacle to the fair and efficient administration of justice.
Addressing corruption within the judiciary is a complex and multifaceted challenge that requires comprehensive reform at various levels. This research highlights the urgent need to develop and implement measures to eliminate corruption, promote judicial independence, and strengthen the integrity of the legal profession. Such efforts are vital to ensure that the Indian judiciary fulfills its essential role as the guardian of the rule of law and the protector of citizens' rights.
As India continues to grapple with issues of corruption and dysfunction within its criminal justice system, the findings of this research contribute to the growing body of knowledge on this topic. They underscore the imperative need for concerted efforts, both legal and ethical, to rid the judiciary out of corruption and thereby uphold the principles of justice, fairness, and human rights in the nation.
References
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[10]Mishra A. Corruption in India. 2017; 7(8):171-182.
[11]Stern LI. Criminal justice system in mediaeval period. Published online 2010.
[12]Anwar s. Judicial System under the British. Published online 2018.
[13]Jagranjosh. Development of Judicial system during British India. Published online 2018.
[14]Adrika Sengupta. Sources of Law: Medieval India. Int J Res Publ Rev. 2022; 3(10).
[15] IPF 11.indb (ncaer.org)
[16] Vadukut S. Historical Perspective on Corruption in India. Published online 2014.
[17]TheLokpalandLokayuktasAc,2013. Publishedonline2013. https://www.indiacode.nic.in/bitstream/123456789/1847/1/201312.pdf
[18]The Central Vigilance Commission (CVC) Act, 2003. Published online 2003. https://www.indiacode.nic.in/bitstream/123456789/1777/1/200331.pdf
[19]Dhirajlal R&. Procedure of CJS and effect of corruption on judiciary. Published online 2020.
[20] https://blog.ipleaders.in/bail-indian-legal-system/
[21] https://bing.com/search?q=Appeals+under+Indian+JUDICIARY+SYSTEM
[22] Courts, Corruption And Judicial System (legalserviceindia.com)
[23]Insights into Editorial: India’s judiciary and the slackening cog of trust - INSIGHTSIAS (insightsonindia.com)
Authors: HSHWETA SANKHLA
Registration ID: 102101 | Published Paper ID: 2101
Year : Nov -2023 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 24
Doi Link : https://www.doi-ds.org/doilink/11.2023-45111876/IMPACT OF CORRUPTION ON THE INDIAN JUDICIARY SYSTE