India's Justice System: A Broken Pillar in Democracy

 India's Justice System: A Broken Pillar in Democracy

The justice system in India no longer feels like a true arbiter of justice. What was once an imperfect but functional system has become increasingly dysfunctional, particularly under the current BJP government. The situation has deteriorated to the point where the release of opposition leaders on bail—a legal right that should have been granted long ago—is now met with relief, rather than being seen as the routine application of the law. These leaders, often detained without trial, are only released after the ruling party has exhausted all possible arguments, leaving the courts to belatedly state that bail is the norm and imprisonment should be the exception. The question that arises is: why were these principles not applied six months or even a year ago? And why do they still not apply to others who languish in prison without trial, many of whom are democratically elected leaders with responsibilities to their constituents?

It’s hard not to question whether the Supreme Court of India is suffering from some sort of institutional amnesia or, more disturbingly, if it is operating under the influence of political power. This is a stark contrast to the judiciary of the past. Take, for example, the case of *The State of Uttar Pradesh v. Raj Narain (1975 AIR 865, 1975 SCR (3) 333)*. In 1975, the Allahabad High Court found Prime Minister Indira Gandhi guilty of electoral malpractices, a landmark ruling that ultimately led to her disqualification and played a key role in the political upheaval that followed. The courts of that era did not hesitate to challenge the most powerful leader in the country, demonstrating a commitment to justice over political expediency.

Fast forward to today, and the situation couldn’t be more different. When opposition leader Rahul Gandhi raises corruption charges against the government—supported by evidence from a foreign entity—the government’s response is to threaten him with arrest by the Enforcement Directorate (ED), while the courts remain conspicuously silent. This silence is not just troubling; it’s dangerous, as it suggests a judiciary that is either complicit or cowed into submission.

In recent years, a clear pattern has emerged in political cases: the judiciary seems to lean in favor of the government. In some instances, judges have rushed to deliver judgments against opposition figures, often making exceptions to standard legal procedures. This has led to widespread perceptions, both in India and globally, that the courts are no longer independent but are instead being used as a tool to suppress dissent and silence opposition voices.

When opposition leaders publicly accuse the government of using agencies like the ED, CBI, and IT as political weapons—coercing opponents into submission through unlawful searches, warrants, and intimidation—it’s clear that the rule of law is under serious threat. This is a dangerous development for any democracy, where the justice system should be an impartial guardian of citizens' rights, not an extension of the ruling party’s power.

India urgently needs to introduce laws that protect the rights of both the accused and the accusers. These laws should ensure that any unlawful actions by law enforcement agencies are met with severe consequences and that victims of such actions have the right to seek compensation for damages, including for mental and emotional suffering, lost time, and loss of livelihood. In cases where political vendettas are involved, the penalties should be even harsher, as such actions undermine the very foundations of a democratic society. These laws would serve as a deterrent, discouraging frivolous or politically motivated cases from clogging the courts and ensuring that only genuine cases are pursued.

India’s justice system has always been a work in progress, but the regression seen over the past decade is alarming. It is no secret that biases—religious, caste-based, and otherwise—have long influenced judicial decisions in India. Historically, individuals from upper-caste Hindu backgrounds have found it easier to have their voices heard in court compared to those from lower castes or non-Hindu religions. While crimes against Muslims and lower-caste individuals have always been a blight on India’s conscience, the current BJP government has exacerbated these issues. Under its rule, hate crimes against minorities and lower-caste people have surged, and in an unprecedented display of impunity, BJP leaders have even welcomed convicted rapists and murderers with garlands upon their early release from prison—especially in cases involving crimes against Muslims.

The current state of India’s justice system is not just a reflection of its inherent flaws but a symptom of a deeper malaise that has taken root under the BJP government. The system has become a mockery of justice, more concerned with serving political interests than upholding the rule of law. For India to move forward, there must be a concerted effort to restore the integrity of its judiciary and ensure that justice is truly blind—not swayed by power, religion, or caste. Only then can India hope to reclaim its status as a democracy where all citizens are equal before the law.

राकेश शर्मा

The World Through My Eyes