It is fashionable to blame judges for the mess, for their vacations, the slow pace of hearings, or the opaque collegium system. But that is only part of the truth. The larger blame lies with successive Governments, both Central and State, that have failed to invest in infrastructure, manpower and systemic reform.
Justice is one of the four essential pillars of governance, the others being external security, internal order and fiscal management. Yet, of these, justice delivery has remained India’s most neglected promise since Independence. Successive Governments, irrespective of ideology or leadership, have celebrated military strength, economic growth, and welfare schemes, but none have demonstrated the vision or political will to reform the crumbling judicial system. What was once conceived as the guardian of constitutional morality and citizens’ rights now limps along as an inaccessible, underfunded and painfully slow institution, one that has failed the very people it was created to protect.
Fiscal Apathy: A Reflection of Political Intent
A nation’s true strength is measured not merely by its economic might or military arsenal, but by its ability to deliver equitable and timely justice to its citizens. Yet, in India, justice has become an abstract concept, delayed, distorted and often denied. From the first Government after Independence to the present one, every ruling dispensation has treated the judiciary as a secondary concern, worthy of ceremonial praise but unworthy of structural investment.
While the legislature and executive have expanded exponentially with more ministries, departments and bureaucratic apparatuses, the judicial branch remains frozen in a colonial mould. India has barely one judge per 50,000 people; district courts operate from decrepit buildings; and the administrative machinery of justice is overrun by inefficiency. The result is an appalling backlog of over five crore pending cases, each representing a citizen trapped in procedural purgatory.
The clearest indicator of this neglect lies in the numbers. The total annual budgetary allocation for the judiciary, including the Supreme Court, High Courts and all subordinate courts, stands at an absurd Rs 6,000 crore: less than 0.5 per cent of the national budget. For a country of 1.5 billion people, this figure is not just inadequate; it is an insult to the Constitution’s promise of justice, liberty and equality.
Contrast this with the Government’s priorities: Rs 6 lakh crore on defence, Rs 5 lakh crore on subsidies, and Rs 5 lakh crore on infrastructure. Do we need them? While no one denies the importance of national security or development, justice remains the bedrock on which all governance rests. Without justice, security becomes tyranny, development becomes exploitation and democracy degenerates into chaos.
This chronic underfunding is no accident; it is a design. An under-resourced judiciary suits the interests of those in power. A sluggish legal system acts as a buffer for the political and bureaucratic elite, allowing corruption and arbitrariness to flourish unchecked. Justice delayed is not merely justice denied; it is also power preserved.
India’s judiciary has inadvertently spawned a thriving parallel ecosystem, one that profits from its dysfunction. Lawyers, middlemen, and even segments of the judicial bureaucracy have learned to thrive on delay. Adjournments, procedural loopholes, and bureaucratic inertia have turned litigation into a slow-moving, profit-generating industry.
Every missing file, every court strike, every postponed hearing adds another layer of suffering to the litigant’s life and another payday for someone in the system. For millions of Indians, going to court has become a punishment in itself. Even a routine civil dispute can drag on for a decade, consuming money, energy and faith. Many litigants die before judgment; others settle for unfair compromises simply to escape the endless cycle of hearings.
This broken model has institutionalized injustice. Court corridors have become marketplaces where influence often matters more than evidence and the powerful manipulate outcomes while the weak are crushed under the weight of process. The judiciary, instead of being a temple of justice, now functions as an arena of endurance where only the rich, patient, or politically connected survive.
Shared Blame, Collective Failure
It is fashionable to blame judges for the mess, for their vacations, the slow pace of hearings, or the opaque collegium system. But that is only part of the truth. The larger blame lies with successive Governments, both Central and State, that have failed to invest in infrastructure, manpower and systemic reform.
India’s judge-to-population ratio is among the lowest in the world. Vacancies in High Courts and district courts run into thousands. Many courtrooms lack even basic amenities like adequate lighting, record rooms, or digital facilities. Efforts at e-courts or paperless processes remain patchy and cosmetic. The judiciary’s dependence on the executive for funds and administrative approvals ensures it remains institutionally subservient. Judicial independence in India is, therefore, largely theoretical. While courts are free in their judgments, they remain shackled in their operations, dependent on the very Government they are meant to check.
This structural dependency has a chilling effect on judicial assertiveness. In recent years, the higher judiciary has grown increasingly cautious, reluctant to challenge executive excesses or question controversial laws. Judicial activism has yielded to bureaucratic conformity.
Behind every pending case lies a human tragedy. A farmer fighting for land rights, a widow waiting for inheritance, an undertrial languishing in jail for years without conviction, these are not mere numbers. They are citizens whose faith in the state has been betrayed. The slow death of justice has far-reaching social consequences. As courts lose credibility, citizens turn to extra-legal means, from street protests to mob justice.
The rise of vigilantism, local kangaroo courts and informal settlements are direct outcome of institutional collapse. When people stop believing in the judiciary, they start believing in force. That is the death of democracy in spirit.
Towards Radical Reform
Cosmetic solutions will not suffice. What India needs is radical judicial reform, one that treats justice as a core public service, not a luxury. The following steps must form the backbone of this transformation:
1. Elevate Judicial Funding: Increase judicial expenditure to at least 2 per cent of the national budget immediately, ensuring steady capital investment in court infrastructure, personnel, and digital systems. 2. National Judicial Infrastructure Mission: Establish a mission-mode program on the scale of the PM Gram Sadak Yojana to modernise courts, digitise records, and build e-litigation platforms accessible to all. 3. 24x7 Judicial System: Recognise the judiciary as an essential service. Courts should operate year-round in hybrid formats, combining physical and virtual hearings. Justice cannot take holidays. 4. Massive Recruitment Drive: Fill all judicial vacancies within a fixed timeline, ensuring a sustainable judge-to-population ratio. Specialized fast-track benches should handle civil, criminal, and commercial cases separately. 5. Professional Accountability: Create transparent mechanisms for evaluating judges’ and lawyers’ efficiency, integrity, and performance, ensuring discipline without undermining independence. 6. Technology Integration: Mandate paperless filings, AI-assisted case management, and data-driven tracking of case progress. Technology must be embedded into the DNA of the judicial process. 7. Public Legal Education: Establish nationwide legal literacy programs to empower citizens to understand their rights and navigate the justice system without exploitation.
A Nation at a Tipping Point
India aspires to be a $10 trillion economy and a global power. But no nation can claim greatness while its citizens wait decades for justice. A democracy that cannot protect rights or punish wrongs in time ceases to command respect.
The rot in the judicial system is not just institutional; it is moral. It reflects decades of political apathy, bureaucratic arrogance and public indifference. If this decay continues unchecked, the country risks social instability. Public frustration with the system is reaching a breaking point and if corrective measures are delayed any longer, India could witness a mild social uprising, a grassroots revolt against the unaccountable machinery of justice.
The collapse of the justice system is not the failure of judges alone. It is the collective betrayal of every Government since 1947: a betrayal of the Constitution itself. If India is to preserve its democratic soul, it must place judicial reform at the centre of national policy. For too long, justice has been treated as a ceremonial value, not a living right.
The time for tokenism is over. The state must now act with urgency and conviction, or prepare to face a crisis of legitimacy unlike any in its history. Justice is not a privilege to be delayed at will. It is the oxygen of democracy and India is running out of breath.
(The writer is a prominent columnist and Public Policy Expert; the views expressed are personal)
