### Summary
In a rare and candid admission, Chief Justice of India (CJI) Ramakrishnan Gavai acknowledged the significant challenges facing India’s judiciary, particularly its failure to deliver timely and just outcomes for innocent individuals, especially the poor. Speaking at the Nelson University of Law's convocation in Hyderabad, he openly recognized that many innocent people languish in jail for years before being proven innocent, highlighting a systemic failure in the justice delivery mechanism. Despite this grim reality, he expressed optimism that future generations of India’s brightest minds will rise to address and solve these deep-rooted problems.
CJI Gavai also emphasized the importance of mentorship in the legal profession, sharing that his own success was not solely due to personal merit but largely because of guidance from senior mentors within the judiciary’s collegium system. This indirectly acknowledged the powerful role of the collegium in judicial appointments and career advancement, which remains a controversial and opaque institution in India.
Further, the CJI extensively quoted foreign legal scholars and writers in his speech but did not reference any Indian thinkers, reflecting a preference for foreign legal thought among India’s judicial elite and raising questions about the inclusivity and cultural relevance of judicial education in India.
The speech also touched upon systemic issues like judicial vacancies—some courts having nearly 30-50% unfilled posts—and the reluctance to grant bail to innocent, impoverished defendants. While the CJI highlighted exceptional cases like Delhi’s Manish Sisodia being granted bail quickly, he did not explain why ordinary people do not receive similar treatment, revealing a disconnect between high-profile and common cases.
I urge citizens to take responsibility for judicial reform, noting that neither Parliament nor the executive currently possesses the power or willingness to reform the judiciary meaningfully. It calls for public activism, such as writing to the Supreme Court demanding reforms like ending the Collegium System, filling Vacancies, and Removing Veto powers that prevent FIRs against judges.
### Highlights
- ⚖️ CJI Ramakrishnan Gavai admits India’s judiciary struggles to deliver timely justice, especially for the poor and innocent.
- ⏳ Innocent people often spend decades in jail before being exonerated, highlighting systemic delays and failures.
- 🎓 Mentorship is crucial in judicial careers; success often depends on collegium recognition, not just merit.
- 🌏 The judiciary heavily relies on foreign legal scholars, neglecting Indian thinkers in official discourse.
- 🏛️ Judicial vacancies are alarmingly high, with some courts operating with nearly half of positions unfilled.
- 💡 The CJI calls for hope and expects India’s brightest minds to solve the judiciary’s challenges in the future.
- 📨 Citizens are urged to actively participate in judicial reforms by writing to the Supreme Court demanding changes.
### Key Insights
- ⚖️ **Judiciary’s Admission of Failure Marks a Turning Point:** The CJI’s public acknowledgment that the justice system fails the poor and innocent is unprecedented. Such an admission from the highest judicial authority indicates a willingness to confront uncomfortable truths. This could pave the way for more transparent discussions about judicial reform, a topic traditionally avoided or downplayed. However, without concrete steps, this remains a symbolic gesture.
- ⏳ **Chronic Delays Undermine Justice and Rule of Law:** The fact that justice takes 10 years or more to be delivered—and sometimes decades—undermines public trust and violates the principle that "justice delayed is justice denied." The prolonged incarceration of innocents not only ruins lives but also reflects the judiciary’s inability to manage its caseload or procedural inefficiencies. Judicial reforms must prioritize reducing pendency and ensuring speedy trials.
- 🎓 **Mentorship and Collegium Influence Reveal Structural Biases:** The CJI’s emphasis on mentorship within the collegium system highlights an entrenched hierarchy and gatekeeping mechanism that can stifle meritocracy. Collegium appointments often favor English-educated elites, especially those from English-medium backgrounds, marginalizing judges from vernacular or regional backgrounds and perpetuating elitism. This raises critical questions about diversity and representativeness in judicial appointments.
- 🌏 **Preference for Foreign Thought Indicates Colonial Hangover:** The exclusive citation of foreign legal writers instead of Indian scholars in the CJI’s speech suggests a colonial legacy influencing judicial thought processes. This devaluation of Indian intellectual traditions may hinder the development of a justice system that resonates with India’s unique socio-cultural context and legal challenges. It also reflects an elitist mindset that privileges Western jurisprudence over indigenous perspectives.
- 🏛️ **Vacancies in Courts Exacerbate Justice Delivery Failures:** The high percentage of vacancies in High Courts (up to 50% in some cases) leads to increased workload, delays, and poor quality judgments. Filling these vacancies is critical but remains a persistent challenge due to procedural bottlenecks, collegium indecision, and political interference. Without addressing the manpower shortage, judicial efficiency cannot improve.
- 💡 **Optimism Hinges on Future Generations Taking Responsibility:** The CJI’s hope that "the best brains" of India will solve the judiciary’s problems shifts responsibility to the younger generation and the broader citizenry. This underscores the need for legal education reform, civic engagement, and an empowered public demanding accountability and transparency. However, optimism without immediate action risks complacency.
- 📨 **Public Participation as a Catalyst for Reform:** The call for citizens to write postcards to the Supreme Court urging reforms illustrates an innovative form of grassroots activism targeting judicial accountability. Since legislative and executive branches have limited ability to reform the judiciary due to constitutional safeguards, public pressure may be the most viable path to change. This strategy can democratize reform efforts and amplify the voices of ordinary citizens suffering from systemic injustice.
### Conclusion
The article reveals a moment of rare candor from India’s Chief Justice about the judiciary’s shortcomings, particularly in delivering justice to the poor and innocent. It exposes systemic issues such as delays, vacancies, elitism, and a colonial mindset within the judiciary’s culture. While the CJI expresses hope for future solutions, the transcript stresses that meaningful reform requires active citizen participation and pressure. The judiciary’s complex challenges demand a collective effort from legal professionals, policymakers, and the public to build a just and accessible legal system for all Indians.
Col Rajendra Shukla(Retd)
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