Corruption in the Judiciary

Corruption in the Judiciary

Shubhankar Senapati
University Law College, Utkal University, Bhubaneswar

In the present context, corruption is accepted not as an unfortunate but as a practical tool in hands of the opportunist. And this is not because it paves easy way for things to be done but because of its abundant prevalence throughout the Govt. and administrative system. Corruption has long existed all around the world since time immemorial in one form or the other. It can be traced back to the fourth B.C to have been in India through the inscriptions of the Arthashatra by Kautilya. Kautilya goes on to state that there are forty ways of embezzlement and goes on to enumerate the same. This filthy concept has now taken shape of a political weapon which is unleashed onto the rivals in the right circumstances. India as a country stands widely infected by this plague of corruption. The state of such affairs leaves a man of principles unrecognized and struggling. Corruption may be said to be that, which forms the bond between the politicians, bureaucrats, and criminals giving way to the notion’ money is power’. The prevalence of corruption has sadly made its existence accepted as a part of the procedure. However, there have been a whole range of significant policies that have come to form an essential and an important step in the endeavor of combating with the evil of corruption. In India, the Supreme Court is relatively clean, though there are obviously exceptions. Proceedings are wide in court and documents are available for minimum payment. The accused is entitled to copies of all documents depend upon by the prosecution free of charges. Duplicates of authenticated orders can also be obtained. There is effective system of alteration in the form of reviews and appeals. Centre for Media Studies conducted a country wide research in 2005 on public approaches and experiences of corruption in lower courts and found that bribes seems to be fixed as the price of getting things done. The pre-determined amount paid in a twelve month period is around Rs.2630 crores. The Money was paid to the officers in the following ratios: 61 percent to lawyers, 29 percent to court officials, 5 percent to judges, and the remaining to middlemen. The main causes of corruption are delays in the disposal of cases, lack of judges, and complicated procedures, all of which are exacerbated by a predominance of new law. As of February 2006, 33,635 cases were impending in the Supreme Court with 26 judges, 3,341,040 cases in the high courts with 670 judges and 25,306,458 cases in the lower courts.

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