R. 2,630 Crore bribes paid to lower judiciary: Transparency International Report

Delays and corruption lead to cynicism


Although provisions for the independence and accountability of the judiciary exist in India’s Constitution, corruption is increasingly apparent.  Two decisions provide evidence for this.  One, a Supreme Court decision in the 2002 Gujarat Communal riots exposed the system’s failure to prevent miscarriage of justice by acquitting persons close to the party in power.



The second involved the acquittal in 2006 of nine people allegedly involved in the murder in 1999 of a young woman, Jessica Lal, even though the incident took place in the presence of a number of witnesses.  One of the accused was the son of a politician.”


The report says, “Corruption has two manifestations: one is the corruption of judicial officers and the other is corruption in the broader justice system.  In India, the upper judiciary is relatively clean, though there are obviously exceptions.


In the broader justice institutions, corruption is systemic.  There is a high level of discretion in the processing of paper work during a trial and multiple points when court clerks, prosecutor and police investigators can misuse their power without discovery”.


The estimated amount paid in bribes in the 12-month period (in 2006) is around Rs. 2,630 Crore.  Money was paid to the officials in the following proportions: 61 per cent to lawyers: 29 per cent to court officials: 5 per cent to judges; and 5 per cent to middlemen.  The primary causes of corruption are delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws.”


The degree of delays and corruption has led to cynicism about the justice system.  This erosion of confidence has deleterious consequenes that neutralize the deterrent impact of law.  People seek shortcuts through bribery, favours, hospitality or gifts, leading to further unlawful behaviour, says the report.- HINDU 26TH MAY, 2007