The Indian Judicial System - Part 2

In previous posts, I've bemoaned the state of the Indian judicial system. Bribery is widespread, cases languish for decades, and the backlog of cases is so huge that it would take 350 years to clear the backlog at the current rate, even if no new cases entered the system. While there are many problems with the system itself, I can't help feeling that the quality of the judicial system depends primarily on the quality of judges.

And the quality of judges, especially in the lower judiciary, leaves much to be desired.

The problem is in the selection process for Indian judges. The selection of all judges is overseen by the state government bureaucracies (as opposed to bureaucrats in India who are selected through a tough, unbiased process that is overseen by the federal government). This is also in contrast to the US federal judicial system, where every judge must be approved by the legislative branch of the federal government.

There are two ways of becoming a judge in India - neither very fair. Any practicing lawyer in a state can become a judge if he or she is selected by a committee of the state's supreme court justices. That, needless to say, is rife with favoritism.

The other process is to clear an examination overseen by the state government bureaucracy. The examination process looks rigorous - candidates must first clear a preliminary written examination, followed by a more thorough written examination (called the "mains") followed by an in-person interview with a panel of interviewers. This is similar to the process used to select bureaucrats in India. The difference is that the examination for bureacrats is administered by the federal government, and is widely considered unbiased. The examination for judges, on the other hand, is administered by the state government, and is very corrupt.

It is not uncommon for the interview-panel to ask for money in the interview stage (In the northern state of Punjab, such a bribery scandal was unmasked in 2002 and judicial appointments for the preceding two years were annulled). The candidate's score on the interview is often based on the amount of the bribe, or the amount of influence the candidate has. It is not unheard of for children of judges to obtain a law degree from a third-rate law-school and then clear the judicial examination with ease.

The quality of judges has a ripple effect on the legal system. Meritoriously selected judges would hold themselves and those around themselves to a higher standard. For example, the success of attorneys in India is largely dependent on their personal relationship with judges - a practice that flourishes because incompetent and unprofessional judges promote it. Meritoriously selected judges would discourage such practices.

India needs to raise the quality of judges entering the judiciary - Indians deserve a better deal than the bribery, corruption and delay the current judicial system dishes out.