The True Nexus: Poverty, Injustice, and the Challenges of Law Administration in India

It is often said that the laws in India are weak, yet this perception does not hold water. The real issue lies in the individuals who administer these laws, who are often characterized by a lack of courage, uprightness, and an unyielding spirit. Time-tested laws, having endured centuries and withstood all adversities, are being overshadowed by the frailty and lack of ethical conduct displayed by the people entrusted with their enforcement. It is a disservice to blame the laws rather than addressing the inadequacies in the system.

The Backlog of Injustice: Judicial Inefficiency and Lack of Progress

The inefficiency of the judiciary, one of the three most crucial constitutional wings, is a significant bottleneck in the administration of justice. With nearly five and a half crores of court cases pending, the judicial system is perpetually hampered. This backlog not only infringes on the rights of citizens but also compromises the overall integrity and efficacy of the legal framework.

Unfortunately, there has been a dearth of serious efforts to address the burgeoning pile of unresolved cases. Judges, more concerned about superannuation appointments, fail to invest in the disposal of caseloads efficiently. Over time, the system is eroded, and the rights of citizens are compromised. It is disheartening to note that, even seventy-five years after independence, a merit-based, unbiased, and scientific system of recruiting judges has not been established. The judiciary, as expected, is a reflection of the society's moral and ethical boundaries.

The New Law: A Case of Inadequate Protection

The recent introduction of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) has drawn significant controversy. This legislation has significantly curtailed the powers of courts and delegated these powers to the police administration, a body historically marred by ill-conceived injustices. While the police administration is vital, its role in law enforcement is often distorted, leading to a myriad of issues concerning citizen rights and freedoms.

There is genuine concern that the powers granted to the police administration through the BNSS may be usurped for the purpose of oppressing the opposing voices. In a democratic society, such powers should be exercised with utmost caution, not casually bestowed upon an administrative body with a dubious history. The judiciary, which should be a guardian of constitutional principles, has often failed to address the inherent issues in the BNSS, allowing these concerns to persist.

The Imperative of an Independent Judiciary

An independent and impartial judiciary is the cornerstone of any democratic nation. It upholds the rule of law and protects the rights of citizens. When the judiciary fails to fulfill its duties, the whole system crumbles. It is imperative that judges who are responsible for upholding the law are selected based on merit and without bias. Only then can the legal system truly serve the people it is meant to protect.

The Importance of Legal Principles

Time-honored legal principles such as “laws grind the poor” resonate with the realities faced by many citizens. It is often the poor and marginalized who find the law working against them, while the rich and influential navigate the system with ease. This disparity is a reflection of the broader socio-economic inequalities in society. On the other hand, bad laws can be a form of tyranny, stripping individuals of their fundamental rights without due process.

As we reflect on these challenges, it is clear that the legal system in India faces significant obstacles. To overcome them, we must address the root causes and work towards a system that truly serves the people. Only then can we say that justice truly prevails.