Reform in the Indian Judiciary: Challenges and the Way Forward

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Reform in the Indian Judiciary: Challenges and the Way Forward

The Indian judiciary has long been seen as a pillar of strength in our democracy. It is the institution people turn to when their rights are violated, when laws are challenged, or when justice seems out of reach. Yet today, that very system is struggling under its own weight. From massive case backlogs to delays in appointments, the judiciary faces problems that demand urgent and meaningful reform.

Let’s start with the most glaring issue: the backlog of cases. Over 5 crore cases are currently pending across courts in India. That number speaks for itself. Many people wait for years— sometimes decades—for their cases to be resolved. In the process, justice is not only delayed, it’s effectively denied.

One major reason behind this is the shortage of judges. Despite repeated recommendations from the Law Commission and the Supreme Court itself, the number of judges has not kept pace with the growing population or the increasing complexity of cases. To make matters worse, the process of appointing judges—especially in the higher judiciary—remains slow and opaque.

The collegium system, through which judges appoint other judges, has come under criticism for lacking transparency and accountability. There are no publicly stated criteria, no interviews, and no explanations. In a democracy, such secrecy doesn’t inspire confidence. While judicial independence is absolutely essential, it must go hand in hand with transparency and fairness.

Another problem is infrastructure. Many trial courts still lack basic facilities—courtrooms are overcrowded, digital systems are patchy, and there’s a serious shortage of staff. Though the pandemic accelerated the shift to virtual hearings in some courts, the reality is that large parts of the judiciary, especially at the district level, are still far from being fully digitized.

What’s also missing is a proper mechanism to ensure accountability. Unlike public servants or elected officials, judges operate in a system with very little external oversight. There is no independent complaints authority, no code of conduct backed by law, and very limited transparency in decision-making. Of course, we must protect judicial independence, but that should not mean a complete lack of checks and balances.

So what can be done?

First, judicial appointments need to be streamlined and made transparent. Vacancies must be filled in a time-bound manner, and the process should include broader consultation and clearly defined selection criteria. Second, modern technology must be used more efficiently—from case tracking to online filing, digital case management, and even AI tools to assist judges.

Court administration also needs reform. Judges should not be burdened with administrative work. Trained professionals should manage the non-judicial aspects of court functioning. This will allow judges to focus on what they do best—delivering justice.

At the same time, the judiciary must open up to public accountability. The long-pending Judicial Standards and Accountability Bill should be revisited and passed in a form that maintains independence while ensuring ethical conduct and transparency.

There’s also a need to make justice more accessible. Judgments should be available in regional languages, and legal procedures should be made easier for ordinary citizens to understand. And finally, reforms must start right from the bottom—with better legal education, bar regulation, and regular judicial training.

To sum up, the Indian judiciary is a proud institution, but it cannot afford to remain stuck in the past. If we want it to serve the people effectively and uphold the ideals of the Constitution, it needs urgent and practical reforms. The time for debate is over—the time to act is now.