India’s judiciary, long hailed as the guardian of democracy, is today one of its biggest roadblocks, scribbled by a backlog of over five crore cases, entrenched elitism at the bar and a culture that treats judges as demi — gods rather than public servants. Court vacations, endless adjournments by reckless lawyers and archaic procedures have turned justice into a privilege for the few, leaving ordinary citizens trapped in decades — long disputes.
Unless radical reforms bring year-round courts, transparent accountability for judges and lawyers, simplified laws, and technology —driven efficiency, the system will continue to erode faith in democracy. India now stands at a crossroads — either transform the judiciary into a 21st — century institution of service and speed or watch the temple of justice collapse into the graveyard of Governance.
When Sanjeev Sanyal, member of the Prime Minister’s Economic Advisory Council, raised concerns this week about the judiciary’s “slackness” in delivering justice, he articulated what millions of Indians silently endure each day. His remarks brought into the spotlight a long-ignored truth: India’s judiciary, instead of being the guarantor of rights and arbiter of justice, has increasingly become one of the biggest obstacles to effective Governance and policy execution.
For decades, the slow-moving wheels of justice have eroded public faith in the system while simultaneously crippling India’s economic ambitions. Delays in adjudication have translated into a form of policy paralysis, throttling the Government’s ability to govern and businesses’ ability to grow. The malaise is not simply about pending cases. It is deeper — structural, cultural and in many ways, deliberate. Unless addressed with urgency, the crisis threatens both India’s democratic promises and its economic future.
A mountain of pending cases, a molehill of accountability
India’s judiciary today sits on a backlog of over five crore pending cases across all levels of courts. Some litigants die before their matters are resolved; others pass disputes down generations like heirlooms of misery. Infrastructure projects worth billions of rupees remain trapped in legal limbo, while reforms passed after years of political negotiation gather dust in courtrooms. The nation’s growth story remains hostage to a judicial pipeline that stretches endlessly.
Unlike advanced economies, where disputes are typically resolved within months, Indian litigants endure years, often decades. For ordinary citizens, justice is not merely delayed; it is destroyed. For the nation, Governance itself is derailed.
The feudal pyramid of Bar and Bench
Beyond the staggering numbers lies another corrosive reality: the entrenched hierarchy of the bar. Advocates in India are not equals. Instead, a system of professional apartheid flourishes with classifications such as “Senior Advocates,” “Advocates-on-Record,” and “juniors.”
This stratification institutionalises elitism. A select few command visibility, influence and astronomical fees, while ordinary citizens must rely on juniors who in turn must defer to seniors for credibility before the bench. The result is skewed, unaffordable and unequal access to justice, a mocking contrast to the constitutional promise of equality before the law.
This system also perpetuates delays. Seniors, who are often unavailable at short notice, routinely seek adjournments, while juniors lack the standing to push cases forward. Citizens who pay hefty fees to lawyers are left to suffer the consequences of endless postponements.
Equally troubling is the culture of judicial deification. Judges are treated as near-godlike figures, immune from criticism, rather than as public servants accountable to the people. Their pronouncements, however delayed or disruptive, are rarely scrutinised.
In reality, the judiciary is one arm of Governance, not an untouchable entity above it. Yet it resists the transparency that Parliament, the executive, the armed forces and the media must routinely embrace. The lack of accountability in appointments, performance and conduct distorts India’s democracy, allowing judges to assume roles never envisaged by the Constitution, acting as legislators and administrators by default. Surely, the judiciary must not be allowed to judge everyone without being accountable to anyone.
For decades, successive Governments have blamed colonial-era laws for the dysfunction of India’s legal system. Yet where is the simplification? Why must citizens still wade through archaic statutes, convoluted procedures and legal jargon that even trained lawyers struggle to interpret?
Instead of simplifying and digitising, the system thrives on complexity. Complexity ensures dependence on lawyers, prolongs disputes and sustains an elite ecosystem. If colonial hangovers were truly the problem, seventy-five years of independence should have been enough to cure it. The excuse today is nothing more than a fig leaf concealing a deliberate refusal to democratise access to justice.
A 180-day work year for the guardians of justice
Perhaps the most damning indictment of India’s judiciary lies in its work culture. Courts, including the higher judiciary, function for barely 180 — 190 days a year. Long summer and winter breaks, frequent adjournments and leisurely schedules stand in sharp contrast to the relentless duties of doctors, soldiers, police or journalists who serve round the clock. In a country burdened with massive case backlogs, such a model is unsustainable.
The judiciary must embrace a 24x7 approach to justice. This can be achieved through a combination of AI-powered case management, rotational staffing of court personnel, appointment of additional judges and active deployment of retired judges in good health at district, High Court and Supreme Court levels.
A system of continuous benches, operating in shifts, would ensure that justice is not stalled by the calendar. Access to justice is a fundamental right and it must be made available with the same urgency and consistency as other essential public services.
Is justice any less essential? In a nation where millions wait years even for a first hearing, extended vacations for judges are nothing short of scandalous. Justice cannot be a part-time occupation. It must be treated as an essential service, staffed, funded and compelled to function with urgency.
The costs of judicial delay go beyond individual suffering. They cripple Governance itself. Land acquisition disputes stall highways, airports and railways. Arbitration cases scare away foreign investors. Constitutional challenges linger for decades while policies remain frozen. The chilling effect is evident. Bureaucrats, fearing judicial censure years later, prefer inaction over decision-making. Politicians, aware that reforms will be trapped in endless litigation, avoid bold initiatives. Investors, uncertain of contract enforcement, look elsewhere. What emerges is not inefficiency but a deliberate paralysis engineered by slackness.
Perhaps the most urgent reform lies in ensuring accountability. Judges, who draw their salaries and handsome perks from the Government exchequer, remain insulated from any meaningful system of scrutiny or penal consequences for negligence or misconduct. The recent incident involving Justice Yashwant Verma is a classical example of an opaque system shielding its own.
On the other side, advocates, whether senior, AOR or junior, charge hefty professional fees under the promise of safeguarding citizens’ interests. Yet far too often, they resort to adjournments, procedural tricks, and tactical delays that only prolong the suffering of litigants. If the judiciary is indeed an essential service like the police, the army or doctors, then its functionaries, both judges and advocates, must be made answerable to the people.
Introducing a statutory mechanism for penal action against judicial officers and lawyers who deliberately stall justice, exploit loopholes or fail in their duty is no longer a choice but an imperative. Without such accountability, the system will continue to harass the common citizen rather than protect them. To be sure, many individuals within the profession are competent and honest. But the system empowers the rogue elements who dominate the judicial process, overshadowing those who genuinely serve the cause of justice.
The way forward: Reform or ruin
Radical judicial reforms are essential if India’s economic aspirations and democratic promises are to be fulfilled. Several steps must be prioritised:
1. Technology-driven reforms to digitise filings, hearings, and judgments. 2. Expansion of judicial capacity with more judges, more courts and stronger infrastructure. 3. Simplification and codification of laws, enabling citizens to access justice without years of litigation. 4. Courts functioning year-round, with multiple shifts if necessary, just like hospitals and police stations. 5. Transparent appointments and performance evaluation, embedding accountability at every level. 6. Institutionalising Alternate Dispute Resolution (ADR) to ease the burden on courts. 7. Penal provisions for judges and advocates who deliberately delay proceedings or exploit the system.
Above all, the culture of elitism and deification must end. Judges are not gods. Advocates are not feudal lords. They are servants of the public and professionals bound by duty. Until this realignment takes root, the judiciary will remain admired in rhetoric but distrusted in practice.
India aspires to be a $10-trillion economy and a global power. But no economy, no democracy, can thrive when its justice system is in paralysis. For every day that courts adjourn, citizens lose faith, businesses lose money and Governance loses momentum.
Successive Governments since Independence share equal blame for India’s judicial crisis. Merely blaming the courts overlooks the deeper malaise: systemic neglect by policymakers who have consistently underfunded and undervalued the justice system. The contrast in budgetary priorities is stark. Year after year, the Ministry of Law and Justice receives a paltry allocation, while infrastructure spending soars into lakhs of crores. In recent Budgets, the entire provision for courts, tribunals, legal aid, and reforms has often been less than the cost of a single flagship road or rail project.
This imbalance reflects flawed Governance, where visible projects, roads, airports, and power plants are celebrated, while the machinery that safeguards rights and ensures fair contracts collapses silently. The result: mounting pendency, citizens trapped in endless litigation, and investors wary of delays.
Justice is not a peripheral service but the foundation of democracy and growth. The common man needs timely, fair justice more than swanky infrastructure, for injustice corrodes families, breeds social disorder and leaves the nation bleeding with frustration. Justice cannot afford to sleep half the year. It cannot remain trapped in colonial hierarchies. It cannot hide behind elitism and excuses.
The nation stands at a crossroads: reform the judiciary into a 21st-century institution of service and speed or watch the temple of justice turn into the graveyard of Governance.
(The writer is a public policy expert & a regular columnist with The Pioneer)