Addressing Judicial Corruption: A Critical Need for System Integrity

The increased focus on judicial corruption stems from several factors: * Supreme Court's Suo Moto Cognizance: The Supreme Court has recently taken suo moto cognizance of cases involving judicial misconduct, signaling a greater willingness to address the issue internally. * Government Initiatives: The government has been exploring measures to enhance judicial accountability, such as the proposed National Judicial Appointments Commission (NJAC), even though the original NJAC Act was struck down.

The National Judicial Appointments Commission (NJAC) Act was intended to change how judges are appointed. It was struck down by the Supreme Court because the Court felt it undermined the independence of the judiciary, which is a basic structure of the Constitution. The Court was concerned that the NJAC would give the executive and legislature too much influence over judicial appointments.

Judicial corruption undermines the rule of law in several ways: * Unequal Application of Law: Corruption leads to biased judgments, where the law is applied differently based on bribes, nepotism, or political influence. * Erosion of Public Trust: When people lose faith in the impartiality of the judiciary, they lose faith in the entire legal system and the government. * Impeding Justice: Corruption can delay or obstruct justice, preventing fair resolution of disputes and allowing criminals to go unpunished.

Possible Mains questions include: * "Critically examine the causes and consequences of judicial corruption in India. Suggest measures to strengthen judicial integrity and accountability." * "Discuss the role of an independent judiciary in upholding the rule of law. How can judicial independence be protected from internal and external threats, including corruption?" * "To what extent has the Supreme Court's intervention been effective in curbing judicial misconduct? What further steps are needed?"

When 'critically examining' judicial corruption, consider these aspects: * Extent of the Problem: Acknowledge that while difficult to quantify, judicial corruption exists and undermines public trust. * Causes: Discuss factors like inadequate salaries, lack of transparency in appointments, and weak enforcement of ethical standards. * Consequences: Highlight the impact on the rule of law, access to justice, and economic development. * Existing Mechanisms: Evaluate the effectiveness of current accountability mechanisms and oversight bodies. * Potential Solutions: Suggest reforms to enhance transparency, strengthen accountability, and promote ethical conduct.

The Law Commission of India examines legal issues and recommends reforms. It has likely studied judicial corruption and suggested measures to address it in past reports. However, the specific recommendations would need to be referenced from Law Commission reports.

Questions about judicial corruption are highly relevant to both GS Paper 2 (Governance, Constitution, Polity, Social Justice & International relations) and GS Paper 4 (Ethics, Integrity, and Aptitude). * GS Paper 2: Focuses on the structural and functional aspects of the judiciary, accountability mechanisms, and the rule of law. * GS Paper 4: Focuses on ethical dilemmas, integrity, and values in public service. Case studies on judicial corruption can be asked.

For Prelims, remember these keywords: * Judicial Independence: The concept and its importance. * Rule of Law: How judicial corruption undermines it. * National Judicial Appointments Commission (NJAC): Its purpose and why it was struck down. * Suo Moto Cognizance: The Supreme Court's power to take up cases on its own.

A judge facing pressure to rule in a certain way must prioritize: * Integrity: Upholding their oath to administer justice fairly and impartially. * Independence: Resisting external influences and pressures. * Transparency: Disclosing any potential conflicts of interest. * Accountability: Being answerable to the law and ethical standards. The judge should refuse to yield to pressure, document the attempts to influence them, and report the matter to the appropriate authorities.

Addressing judicial corruption is fundamental to improving governance because: * Strengthens the Rule of Law: A corrupt judiciary cannot uphold the law fairly. * Enhances Public Trust: A clean judiciary inspires confidence in the government. * Promotes Economic Development: A fair legal system is essential for attracting investment and fostering economic growth. * Improves Social Justice: An impartial judiciary ensures equal access to justice for all citizens.