Is the Judiciary the Hurdle? A Critical Look at India's Governance Failures
UPSC Relevance
Prelims: Indian Polity and Governance (Judiciary, Separation of Powers, Fundamental Rights, Constitutionalism).
Mains:
General Studies Paper 2 (Polity & Governance): Separation of powers between various organs; Structure, organization and functioning of the Executive and the Judiciary; Important aspects of governance, transparency and accountability.
General Studies Paper 4 (Ethics): Probity in Governance; Accountability and ethical governance.
Essay: Topics related to the functioning of democracy, judiciary, and governance.
Key Highlights from the News
This article refutes the criticism by a member of the Prime Minister's Economic Advisory Council, who called the judiciary as the "single biggest hurdle" in India's development.
The article argues that problems in courts are merely a reflection of failures in other branches of governance, and the judiciary is being made a "scapegoat".
The real problems are not the judiciary, but the Executive and Legislature:
Government is the biggest litigant: The government itself increases the number of cases in courts by filing unnecessary appeals.
Poorly framed laws: Ambiguous and complex laws passed by Parliament lead to more legal disputes. The mandatory mediation in the Commercial Courts Act is an example.
Lack of officials and infrastructure: Unfilled vacancies in courts and lack of adequate facilities lead to delays.
The author also states that criticisms about judges working fewer hours and taking more holidays are misleading.
The role of the judiciary is not to be a rubber stamp for government decisions, but to provide independent checks on executive power. This is essential for democracy.
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