Question.
What is the relationship between judicial integrity and public trust in India? Discuss the consequences of erosion of trust. Suggest measures to restore confidence in the judiciary.
( Syllabus: General Studies – 2, Topic: functioning of the Executive and the Judiciary)
Answer.
First, let us understand the meaning of basic terminologies:
What is Judicial Integrity?
Judicial Integrity means honesty, impartiality, transparency, and adherence to ethical standards by judges and the judicial system.
Judicial Integrity very much needed to establish the public trust in the judiciary.
What is Public Trust?
The confidence of citizens that the judiciary will deliver fair, timely, and unbiased justice is known as Public Trust.
What is the Erosion of Trust?
In the case of the judiciary, Erosion of trust refers to the gradual decline in citizens’ confidence due to perceived or real failures like delays, corruption, or lack of transparency in the judiciary.
In a democracy like India, the judiciary (headed by the Supreme Court of India) is the guardian of the Constitution, so public trust is essential for its legitimacy.
Relationship between Judicial Integrity and Public Trust:
Judicial integrity and public trust are deeply interconnected.
Judicial Integrity, Builds Trust; When judges act fairly and transparently, people believe in the system.
Public Trust also strengthens the Judiciary’s system. Courts do have some the executive power, but they also depend on public acceptance of their decisions.
There is a mutual relationship between judicial integrity and Public trust:
High integrity increases high trust.
Low integrity decreases the public trust.
For example, Landmark judgments like the Kesavananda Bharati Case ( April 24, 1973) enhanced trust in the judiciary as a protector of constitutional values.
Consequences of Erosion of Public Trust:
If the public trust in the judiciary declines, it can have serious impacts. The following are some serious impacts:
1. Weakening of the Rule of Law
People may stop relying on the courts and turn to extralegal methods for justice.
2. Rise in Vigilantism and Parallel Justice
In case of erosion of public trust, Mob justice or informal dispute resolution may increase.
3. Reduced Legitimacy of Judgments
Even correct decisions may be questioned or ignored in the absence of public trust.
4. Impact on Democracy
Judiciary is a key pillar; loss of public trust disturbs the checks and balances of the overall functioning of the democracy.
5. Economic Consequences
Lack of Judicial integrity decreases the business-friendly environment. Investors hesitate if contract enforcement through courts is unreliable.
Measures to Restore Confidence in the Judiciary:
To restore the confidence in the judiciary, the following measures need to be taken:
1. Ensuring Transparency:
There should be transparency in the judicial appointments process. There should be public disclosure with clearly mention of the reasons for important decisions.
2. Strengthening Accountability
There should be effective mechanisms to address judicial misconduct, and ethical standards of judges should be enforced.
3. Reducing Delays
In order to reduce the delay of judgment, we may exlpore to Use of technology (e-courts, digitisation) and increase the number of judges if needed.
We also do process and simplification, and should establish the Fast-track courts for urgent cases.
4. Promoting Accessibility
In order to promote accessibility of the judicial system, focus on legal aid for poor and marginalized sections, and allow the use of regional languages in courts.
Judicial integrity is the foundation on which public trust rests. When integrity weakens, trust erodes, threatening the rule of law and democracy itself. Strengthening transparency, accountability, and efficiency is essential to restore confidence and ensure that the judiciary continues to function as a true guardian of justice in India
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