Friday 03 September 2010 Government 2.0: The Road Ahead
India disagrees with global corruption report

The Transparency International's Global Corruption Report, 2007 says that 77 per cent of the general public has stated the Indian judicial system to be corrupt. The Government, however, does not agree with the said perception.

The Transparency International's Global Corruption Report, 2007 says that 77 per cent of the general public has stated the Indian judicial system to be corrupt. The Government, however, does not agree with the said perception.<!--more-->

According to the the Minister of Law and Justice H R Bhardwaj, the Government has already introduced Judges (Inquiry) Bill, 2006 in the Lok Sabha.

The Bill seeks to devise a suitable legislative framework for empowering a judicial forum to deal with complaints against judges of the Supreme Court and High Courts.

As far as the district and subordinate courts are concerned, the respective high courts are empowered to take cognisance of complaints against the members of the lower judiciary.

The minister was replying to a question in the Lok Sabha on Friday.
—iGovernment Bureau

Read Executive Summary and Country Report on Judicial Corruption

The backlog is due to less number of judges. If there is less backlog, the legal system can be at least a bit more faster, and chances of corruption can be reduced.

Corruption is not just limited to the judiciary, it is part and parcel of every system, at all levels... and as somebody named it "democratic politisization of corruption" and we need to recognise and learn corrective measures rather react! It is important to understand and learn what design effects in our Country lead to this level of corruption..

India is the country where corruption is democratized at faster pace than actual democracy. Corruption is not unique to India. In developed countries, the common man is honest and dutiful, while corruption is political. So its wrong to say that since politicians are corrupt so I should also be. The bureaucracy is the real culprit. They have allowed the system to get worst so that they could reign in chaos. They are advisers of many naive politicians. How a country of Harischandra has fallen into vicious trap, God knows. The rule of law has collapsed and people have taken law into their hand.If guilty is punished, corruption will die its natural death.

The economic profiles of people behind the bar clearly indicates rampant corruption. Except some high profile cases, no resourceful persons have been imprisoned. Dismal rate of successful prosecution for economic crime in India is another indicator of corruption in judicial system.

Why cannot it be considered?
Is it because it shows a flaw in our system and we are not willing to rectify or digest the fact?
A sad taste of outlook and accountability across all segments

It is a pity that India’s great achievements in terms of high GDP growth has been considerably emaciated with the latest independent report of The Transparency International on corruption in the Indian Judicial System.

If 77 % of Indians believe that India’s Judicial system is corrupt then it is important to get into further details of who are corrupt and what actions could be taken so that the trust and faith in Indian Judiciary is restored.

There are evidence to show how lower courts have not applied their minds while passing Judgement and/or excluded, or considered, evidence without proper scrutiny to pass Judgement favouring one party or the other. Some of them have also, as it appears to the general public, passed so called “landmark judgements” for, amongst others, media –publicity and press coverage.

I hope that steps are taken to save victims from such unjust acts of the lower judiciary and all those passing such judgements are subjected to scrutiny by independent Ombudsmen or Judicial Commissions.

If the Indian judiciary is not corrupt, let all judges voluntarily declare their wealth and of all their near and dear, for total transparency and accountability.

Are they prepared to accept this as a challenge?

In my view “the common man has NOT lost faith in the lower judiciary system owing to inordinate delay involved in our justice delivery mechanism”. It is not the judicary but many lawyers who have developed a vested interest in seeking adjournments. They thrive in this system.

Preceptions are never the truth, that is why we say this is a 'fact' and the other is a 'preception'.

India's common folks are busy earning their bread.

It is the Politicans who take every opportunity to tarnish the fair name of our country. For eg. what was the need for the Minister to say officially that the old system is a source of 'corruption' ? This was in Lok Sabha in reply to a question of emigration-check procedure. Has he any proof? If he has, what has he done about it before this announcement? You will not find such damaging admissions in any other country's Parlimentary debates.

Whether the Government agrees or not; it is a fact that "the common man has lost faith in the lower judiciary system owing to inordinate delay involved in our justice delivery mechanism". One of the major causes of this delay is that our judiciary system is not free from blemishes in the form of corruption.
These observations are based on our field survey conducted in the buffer zone of a number of industrial project sites in Uttar Pradesh.

1. The Minister incharge, irrespective of the party in power would and should disagree. Agreeing is accepting the failure in governance. Indian Governance has not matured, like Australia (the case of Dr Haneef) yet enough to accept failure.
2. Hon'ble Minister should have understood that it is people's perception, not based on any fact or data—hence, may or may not be true. Matured governance would examine the source of such perception, and make sincere efforts to remove misperceptions, if any.

The govt should agree with the report. Everybody knows that the Indian judiciary is corrupt.

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