Worlds most Currupt Judicial System in INDIA

Transparency International India
Registered under the Societies Registration Act 1860, Delhi
the coalition against corruption

Embargoed for publication, broadcast, and electronic transmission until 10 GMT on 24 May2007

JUDICIAL CORRUPTION FUELS IMPUNITY,
CORRODES RULE OF LAW
According to the 32 country Global Corruption Report 2007: Corruption in Judicial Systems issued today by Transparency International (TI), corruption in judiciary is undermining judicial systems, denying citizens access to justice and the basic human right to a fair and impartial trial, sometimes even to a trial at all. The Report concludes that a corrupt judiciary inhibits access to justice and redress for human rights violations. It undermines economic growth by damaging the trust of the investment community, and impedes efforts to reduce poverty.
When courts are corrupt, ordinary people suffer
Petty bribery and political influence in the judiciary erode social cohesion: one system for the rich and another for the poor fractures communities. This Survey of attitudes towards corruption reveals that in more than 25 countries, at least one in ten households had to pay a bribe to get access to justice. In a further 20 countries, more than three in ten households reported that bribery was involved in securing access to justice or a “fair” outcome in court.
Tipping the scales of justice
Corruption in the judiciary also includes any inappropriate influence on the impartiality of judicial proceedings and judgments and can extend to the bribing of judges for favourable decisions, or no decision at all. It also includes the misuse of judicial funds and power, such as when a judge hires family members to staff the court or manipulates contracts for court construction and equipment. It can also play out in biased case allocation and in other pre-trial procedures, such as when bribed court clerks “lose” files and evidence. It can influence any trial or court settlement, and the enforcement – or not – of court decisions and sentences.
The Report finds that despite decades of reforms to protect judicial independence, the pressure to rule in favour of political interests remains intense. Though many judges around the world are indeed acting with integrity, problems remain. And for judges who refuse to be compromised, political retaliation can be swift and harsh. Unfair or ineffective procedures to discipline and remove corrupt judges can end up being used instead for the removal of independent judges. Failure to appoint judicial officials on merit can lead to the selection of a pliant, corruptible judiciary. “Problematic” judges can be reassigned or have sensitive cases transferred to more pliable judges. Interference from politicians or civil servants can also buy “legal” cover for embezzlement, nepotism, cronyism and illegal political decisions.
Bribery is the other dark thread of judicial corruption. The Report mentions the possibility of judges accepting bribes to delay or accelerate cases, accept or deny appeals, influence other judges or simply to decide a case in a certain way. Court officials may seek bribes for services that should be free; lawyers may charge additional “fees” to expedite or delay cases, or to direct clients to judges known to take bribes.
According to TI’s Global Corruption Barometer 2006, 77 percent of the Indian respondents described their judicial system as corrupt. About 36 percent of people paid bribes to Judiciary. The average amount of money paid in bribes by a household in India in the past 12 months was maximum in Judiciary (Rs. 3,817) as compared to other sectors. In February 2006, 26 Supreme Court judges faced a backlog of more than 30,000 pending cases; over three million cases were pending in the high courts. At the current rate of resolution, it is the work of 350 years for the country’s 670 judges. A chapter on ‘Indolence in India’s Judiciary’ is attached.
LAJPAT BHAWAN, LAJPAT NAGAR-IV, NEW DELHI-110 024, INDIA
Tel. : 91-11-26224711, 26224519 Telefax : 91-11-26460825, Email : tiindia@gmail.com Website: www.tiindia.in
Transparency International India
Registered under the Societies Registration Act 1860, Delhi
the coalition against corruption
2
Role of Media & Civil Society
Opaque court processes that foster bribery can also prevent the media and civil society from monitoring court activity and exposing judicial corruption.
Solutions: independence, openness, adequate resources, accountability
The Report offers the following recommendations to promote judicial independence and accountability, encourage individual integrity, more effective enforcement of the law and to safeguard the judiciary against political influence -
Judicial appointments
1. Judicial selection process through an independent judicial appointments body
2. Judicial appointments should be merit-based, with clear and well-publicised selection criteria; candidates should be required to demonstrate a record of competence and integrity.
3. Civil society, including professional associations linked to judicial activities, should be consulted on the merits of candidates.
Terms and conditions
4. Judicial salaries should reflect experience, performance and professional development; fair pensions should be provided on retirement.
5. Protections to safeguard salaries and working conditions against interference by the executive and legislature branches should be established.
6. Judicial transfers should be based on objective criteria to protect independent and impartial judges.
Accountability and discipline
7. Judges should receive limited immunity for actions relating to judicial duties.
8. Allegations against judges should be rigorously investigated, including by an independent body.
9. The removal process should be transparent and fair, with strict and exacting standards; if there is a finding of corruption, a judge should be liable to prosecution.
Transparency
10. The judiciary should provide the public with reliable information about activities and spending.
11. Access to information on laws, proposed changes in legislation, court procedures, judgments, judicial vacancies and appointments is needed.
12. The prosecution must conduct judicial proceedings in public and publish reasons for decisions.
It is of the view that all the judicial & prosecutorial appointments and removals must be transparent, independent of the executive and legislative branches, and based on experience and performance. Journalists must be free to monitor and comment on legal proceedings, reporting reliable information on laws, proposed changes in legislation, court procedures and judgments to the public.
Civil society’s oversight role is imperative. By monitoring and commenting on the selection of judges, judicial codes of conduct and the discipline of judges, how courts handle cases and how judges make decisions, civil society can call attention to systemic weaknesses that facilitate corruption, and put
LAJPAT BHAWAN, LAJPAT NAGAR-IV, NEW DELHI-110 024, INDIA
Tel. : 91-11-26224711, 26224519 Telefax : 91-11-26460825, Email : tiindia@gmail.com Website: www.tiindia.in
Transparency International India
Registered under the Societies Registration Act 1860, Delhi
the coalition against corruption
3
governments on notice that they will be called to account for making good on their anti-corruption commitments.
TI’s work in fighting judicial corruption
The Report also highlights the TI’s national level efforts to curb judicial corruption. Its work in combating corruption in judicial systems is diverse:
􀂃 monitoring judges’ court attendance and the quality of their judgments
􀂃 helping to screen candidates for judgeships, making appointments transparent and merit-based
􀂃 offering free legal advice to corruption’s victims through 16 Advocacy and Legal Advice Centres in 12 countries.
In its work against political interference and bribery in the judiciary, TI draws on many allies within judicial systems who are committed to the common goals of transparency and equal justice under law.
(Dr. S K Agarwal)
Vice Chairman TI India
LAJPAT BHAWAN, LAJPAT NAGAR-IV, NEW DELHI-110 024, INDIA
Tel. : 91-11-26224711, 26224519 Telefax : 91-11-26460825, Email : tiindia@gmail.com Website: www.tiindia.in
Transparency International India
Registered under the Societies Registration Act 1860, Delhi
the coalition against corruption
4
May 28, 2007
Dear Friends,
As you may be aware that the Transparency International (Berlin) has recently released its 32 country
Global Corruption Report 2007: Corruption in Judicial Systems. According to this Report, corruption in judiciary is undermining judicial systems, denying citizens access to justice and the basic human right to a fair and impartial trial, sometimes even to a trial at all. The Report concludes that a corrupt judiciary inhibits access to justice and redress for human rights violations. It undermines economic growth by damaging the trust of the investment community, and impedes efforts to reduce poverty.
When courts are corrupt, ordinary people suffer
Petty bribery and political influence in the judiciary erode social cohesion: one system for the rich and another for the poor fractures communities. This Study reveals that in more than 25 countries, at least ten % of households had to pay a bribe to get access to justice. In a further 20 countries, more than 15% of households reported that bribery was involved in securing access to justice or a “fair” outcome
Corruption in the judiciary also includes any inappropriate influence on the impartiality of judicial proceedings and judgments and can extend to the bribing of judges for favourable decisions, or no decision at all. It also includes the misuse of judicial funds and power, such as when a judge hires family members to staff the court or manipulates contracts for court construction and equipment. It can also play out in biased case allocation and in other pre-trial procedures, such as when bribed court clerks “lose” files and evidence. It can influence any trial or court settlement, and the enforcement – or not – of court decisions and sentences.
The Report finds that despite decades of reforms to protect judicial independence, the pressure to rule in favour of political interests remains intense. Though many judges around the world are indeed acting with integrity, problems remain. And for judges who refuse to be compromised, political retaliation can be swift and harsh. Unfair or ineffective procedures to discipline and remove corrupt judges can end up being used instead for the removal of independent judges. Failure to appoint judicial officials on merit can lead to the selection of a pliant, corruptible judiciary. “Problematic” judges can be reassigned or have sensitive cases transferred to more pliable judges. Interference from politicians or civil servants can also buy “legal” cover for embezzlement, nepotism, cronyism and illegal political decisions.
Bribery is the other dark thread of judicial corruption. The Report mentions the possibility of judges accepting bribes to delay or accelerate cases, accept or deny appeals, influence other judges or simply to decide a case in a certain way. Court officials may seek bribes for services that should be free; lawyers may charge additional “fees” to expedite or delay cases, or to direct clients to judges known to take bribes.
According to Global Corruption Barometer 2006, 77 percent of the Indian respondents described their judicial system as corrupt. About 36 percent of people paid bribes to Judiciary. The average amount of money paid in bribes by a household in India in the past 12 months was maximum in Judiciary (Rs. 3,817) as compared to other sectors. In February 2006, 26 Supreme Court judges faced a backlog of more than 30,000 pending cases; over three million cases were pending in the high courts. At the current rate of resolution, it is the work of 350 years for the country’s 670 judges. A chapter on ‘Indolence in India’s Judiciary’ is attached.
A copy of the above Report is enclosed for your information and records. Kindly acknowledge.
(Dr. S K Agarwal)
Vice Chairman TI India
LAJPAT BHAWAN, LAJPAT NAGAR-IV, NEW DELHI-110 024, INDIA
Tel. : 91-11-26224711, 26224519 Telefax : 91-11-26460825, Email : tiindia@gmail.com Website: www.tiindia.in

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