Corruption in Judiciary - Addl Inputs
Transparency International India
Corruption in Judiciary - Key Solutions
1. Judges should be well paid so that they don’t need to indulge in corrupt practices
2. Judges should be given enough security so that their safety is never at risk
3. Anyone found trying to influence a judge should be immediately arrested by the police
4. Judges found indulging in corrupt practices should be suspended and criminal proceedings should be initiated against them
5. The nexus of advocates with judges should be broken and declared a conflict of interest
6. Each case should be put in a category and every category should have a certain time limit for the verdict of the case to be announced
7. Every category of case should have an upper limit defined to the fees that an advocate can charge its client
8. A committee should be formed to find and plug loopholes in the judicial system and laws
9. Judges along with family members should undergo a mandatory audit of their net worth every year by an independent agency
10. The discretionary powers of the judges should be curtailed
11. A proper protocol should be designed for accepting cases in court
12. All judicial/legal files should be digitized
13. Peons should not have access to legal paperwork
14. Limit should be put on the number of adjournment allowed in a case
15. The American Jury System could be followed to make judiciary corruption free
16. Time taken by each judge in each case should be reviewed by either higher court or neutral authority so that ,the adjournment as a tool for corruption can be brought to control
17. All judges should have secured online accounts and online filing of cases, and payment of court fees should be permitted and encouraged
18. All court employee bank accounts should be Aadhar linked and their transactions should be all the time visible to vigilance department.
Corruption in Judiciary – Key Root Causes
1. Judges have very high decision making powers vested in them
2. Many times judges fear for the life of their family and their own
3. Judges also want to use their discretionary powers to make money on the side
4. Judges and lawyers pull favours on each other
5. Lawyers try to prolong the hearings to be able to make more money
6. Peons have easy access to files which they misuse after taking bribes
7. Lack of proper protocols for accepting cases in courts
8. There is no fixed time limit for the disposal of a case
9. There is no limit to the number of adjournments
10. Non-performance by judiciary also breeds situation leading to corruption
11. The judiciary does not have any fear of what they are doing
12. Not many examples have been set of corrupt judicial officers being punished
13. No accountability for the judges on quality of judgement
14. The correctness of affidavits is never checked
Corruption in Judiciary - Key Issues
1. Judges in the lower courts come under pressure from ruling political parties as well as few law practitioners who are closely associated with them to get favourable judgements
2. Some judges of the lower court accept money to give favourable verdict to a certain party
3. Advocates can easily get cases adjourned/pushed forward by putting money into the chain
4. Advocates and Public Prosecutor work as conduit for bribing Judiciary in form of expensive holidays, cash etc.
5. Lawyers misguide their clients and keep asking for more money to fight the case
6. In rent control matters, lawyers and judicial staff work hand in glove to take maximum adjournments so that the tenant can postpone the vacating the premises for which they take extra money
7. One could also pay a bribe to prevent the adjournment of a case
8. A lot of money in exchanged with judgements for the judges to use their discretionary powers in granting adjournment, bail and compensation
9. Many times, one also has to pay to get certified document copies, pay for registering suit, complaint as well as petition
10. At the lowest level, peons take money to remove papers from the bundles. more