Video Link - https://www.youtube.com/watch?v=ECxXHryAa6s
The speaker, Ajit, addresses the critical issue of the Indian judiciary’s accountability, independence, and the challenges faced by journalists who critique the system. He underscores how journalists rarely speak against judges due to fear of contempt charges and other repercussions, but he boldly critiques the judiciary when it falters. Ajit highlights the judiciary’s lack of accountability, comparing it with the legislature and executive, and stresses that the Constitution grants every citizen the right to criticize any authority, including the Chief Justice of India.
The video outlines glaring issues plaguing the judiciary: massive case backlogs with over 50 million pending cases, prolonged judicial vacations lasting two months, and colonial-era practices that no longer suit modern India. Ajit contrasts this with the American judiciary’s approach to vacations, where judges prioritize case resolutions before taking short breaks, illustrating a more responsible system.
He discusses the problematic influence of money on judicial independence, asserting that justice in India is proportional to the financial resources one has. Wealthy individuals can delay justice indefinitely or manipulate outcomes, as seen in high-profile cases like that of Salman Khan. Ajit further exposes the political interference historically experienced by the judiciary, noting how the Congress party once superseded judges to install a favorable Chief Justice, arguing that such parties have no moral standing to comment on judicial flaws today.
Ajit advocates for urgent judicial reforms, including strict timelines for resolving cases, digitizing jail and case data, and releasing undertrials held for minor offenses. He emphasizes bail as the rule and incarceration as the exception, highlighting the current system’s failure to adhere to this principle. He also calls for transparency and meritocracy in judicial appointments, criticizing the opaque collegium system dominated by a few families.
Ultimately, Ajit’s goal is to restore public faith in the judiciary by ensuring accountability, transparency, and fairness, thereby reinforcing the rule of law and constitutional rights for all citizens.
### Highlights
- [00:00:00] 🗣️ Ajit boldly critiques the judiciary, highlighting journalists’ fear of criticizing judges.
- [00:03:04] ⚖️ Judges take two-month vacations despite a backlog of 50 million cases, reflecting colonial-era practices.
- [00:05:09] 💰 Judicial independence in India is linked to financial power; wealth influences case outcomes.
- [00:06:31] 🏛️ Political interference in judiciary: Congress’s historical manipulation of judicial appointments.
- [00:07:05] ⏳ Urgent need for judicial reforms, including case timelines and digitization of data.
- [00:08:26] 🔓 Bail should be the norm; many undertrials held unnecessarily for minor offenses.
- [00:09:44] 🧑⚖️ Collegium system criticized for lack of transparency and dominance by select families.
### Key Insights
- [00:00:00] 📰 **Fear Among Journalists to Critique Judiciary:** Ajit notes that while politicians and bureaucrats face criticism, judges rarely do because of legal threats such as contempt of court. This climate stifles accountability, which is dangerous in a democracy where checks and balances are vital. His own fearlessness in challenging the judiciary highlights the need for more voices to hold judges accountable.
- [00:03:04] 🏝️ **Judicial Vacations and Case Backlogs:** The judiciary’s prolonged vacations, inherited from colonial times when judges traveled by ship, are impractical today given the enormous backlog of over 50 million cases. This reflects systemic inefficiency and a disconnect from contemporary realities, ultimately delaying justice and eroding public trust.
- [00:05:09] 💸 **Money’s Role in Judicial Outcomes:** The judicial system’s independence is compromised by economic disparities. Wealthy litigants can manipulate the process through expensive lawyers and delays, while poorer individuals suffer injustice. This undermines the constitutional promise of equality before the law and demands structural reforms to ensure equal access to justice.
- [00:06:31] 🏛️ **Political Interference Undermining Judicial Independence:** Historical examples, such as Congress’s superseding of judges to install a politically aligned Chief Justice, reveal how political interests have compromised judicial impartiality. This history weakens claims by political parties to champion judicial independence today and complicates efforts to reform the system.
- [00:07:05] ⏱️ **Need for Judicial Reforms and Timelines:** Ajit stresses the necessity of implementing strict timelines for resolving cases, especially minor offenses, to prevent prolonged incarceration of undertrials. Digitizing case and jail data can facilitate better management and expedite justice delivery, highlighting the potential of technology in judicial reform.
- [00:08:26] 🔓 **Bail as the Rule, Jail as the Exception:** The principle that bail should be the default and jail the exception is not being followed, leading to unnecessary suffering of undertrials for minor crimes. Reforming this practice can decongest jails and uphold human dignity, preventing the criminal justice system from becoming punitive rather than corrective.
- [00:09:44] 👥 **Opaque Collegium System and Lack of Transparency:** The collegium system for appointing judges lacks transparency and tends to favor a limited elite, hindering diversity and meritocracy. This closed process raises questions about fairness in judicial appointments and calls for a transparent, standardized selection mechanism aligned with constitutional values.
Ajit’s discourse not only critiques the judiciary’s current failings but also provides a roadmap for reform — emphasizing accountability, transparency, equitable justice, and public trust as pillars for a robust legal system.