Content
- Calling out the criticism of the Indian judiciary
- Ensure compliance
Calling out the criticism of the Indian judiciary
Why in News
- Sanjeev Sanyal, member of the Prime Minister’s Economic Advisory Council, recently claimed that India’s judicial system is the single biggest hurdle to achieving Viksit Bharat within 25 years.
- This sparked debate on whether judicial inefficiency or governmental failures actually impede India’s development.
Relevance:
- GS 2: Polity & GovernanceStructure, Organization, and Functioning of the JudiciarySeparation of Powers between various organs
Practice Question :
- Judicial delay is often a symptom of deeper governance and legislative inefficiencies rather than a cause. Critically examine this statement in light of recent debates over the judiciary’s role in India’s development. (250 words)
Core Issue
- A growing narrative is blaming courts for slowing economic progress.
- Such oversimplified criticism ignores deeper governance and legislative failures.
Problems with the Claim
- Misinformed criticism: Courts are portrayed as lazy and over-vacationed — misleading and factually incorrect.
- False attribution: Delays stem from systemic weaknesses, not solely judicial inefficiency.
- Judiciary mirrors governance failure: Courts reflect the broader administrative and legislative shortcomings of the State.
Structural Realities of the Judiciary
- Workload: Judges handle 50–100 cases daily; preparation, drafting, and research continue beyond court hours.
- Vacations: Used to write reserved judgments; vacation benches function throughout.
- Vacancies: Severe shortage of judges compounds case pendency — among the highest in the world.
Legislative and Executive Failures Feeding Delays
- Poorly drafted laws:Vague, inconsistent, and optics-driven legislation creates confusion and litigation.
- Example: Section 12A, Commercial Courts Act (2015) — mandatory pre-suit mediation, a parliamentary, not judicial creation.
- Excessive government litigation:
- Government = India’s largest litigant.
- Ministries and tax authorities appeal routine orders up to the Supreme Court.
- Public servants and pensioners forced to litigate for basic entitlements.
- The “99-to-1 Problem”: Laws overdesigned to prevent misuse by a few — a legislative flaw, not a judicial one.
Illustrations of Flawed Lawmaking
- Criminal Law Reforms 2023: Cosmetic renaming of IPC/CrPC/Evidence Act to Sanhitas without true structural reform.
- New Income-Tax Act (2025): Claimed “simplification” adds greater complexity; replacing ‘notwithstanding’ with ‘irrespective’ increases ambiguity — old problems in new form.
The Lower Judiciary Crisis
- Real delays and inefficiencies occur in district and subordinate courts, where most citizens interact with justice.
- Infrastructure outdated, vacancies high, digital systems uneven — chronic bottlenecks persist.
Broader Constitutional Context
- Courts’ role: Serve as checks on executive and legislative excess, not mere instruments of “speedy governance.”
- Democracy vs. Development: Judicial independence and due process are essential pillars of real development.
Way Forward
- Judicial reform must focus on:
- Filling vacancies swiftly.
- Modernising court infrastructure and digital systems.
- Curbing government litigation through pre-screening and accountability.
- Improving legislative drafting for clarity and precision.
- Shift from blame narrative to systemic accountability and institutional reform.
Takeaway
- India’s judiciary is imperfect but indispensable.
- The true hurdles to Viksit Bharat lie in bad lawmaking, bureaucratic inertia, and unrestrained government litigation, not the courts.
- Real reform begins with governance, not judicial scapegoating.
Data and Facts
Case Pendency and Workload
- Supreme Court: 80,963 cases pending as of March 2025; reached 88,047 in August 2025, showing a net increase.
- High Courts: 62,46,095 cases pending.
- District & Subordinate Courts: 4,67,69,935 cases pending.
- District/Subordinate Courts Output: Over 32 crore orders/judgments issued; 4.6 crore cases still pending nationwide (mid-2025).
Judges and Vacancies
- Total Judges: About 21,000 (≈15 judges per million population).
- Law Commission Recommendation: 50 judges per million.
- Vacancies:
- High Courts: 33%
- District Courts: 21%
Workload and Diversity
- High Caseload per Judge: Uttar Pradesh, Himachal Pradesh, and Kerala district courts report 4,000+ cases per judge.
- Women in Judiciary:
- District Courts: 38% judges are women.
- Police Force: 8% of officers are women, but 78% of police stations have Women Help Desks.
Judicial Infrastructure
- Court Halls: Increased to 22,062 (2025) from 15,818 (2014).
- Residential Units: Expanded substantially for judicial officers.
- Indicates significant investment in infrastructure under e-Courts and modernization initiatives.
Speed and Efficiency
- Supreme Court: Disposal rate fluctuates with working days and case priorities.
- Fast Track Courts:
- 725 operational, including 392 exclusive POCSO courts.
- 3.34 lakh+ cases disposed of (2025).
- Focus on vulnerable groups and gender-based crimes.
Ensure compliance
Context and Background
- Aatmanirbhar Bharat aims to make India self-reliant across key sectors, including pharmaceutical manufacturing, a global strength for India.
- However, recurring incidents of substandard drug quality, especially cough syrups, threaten India’s credibility as the “pharmacy of the world.”
Relevance:
- GS 2: Governance, Health, and Policy Implementation
- GS 3: Science & Technology, Economy, and Public HealthHealth Sector ReformsRegulatory Mechanisms in Pharmaceutical Sector
Practice Question :
- “Aatmanirbhar Bharat cannot be achieved by manufacturing alone; it demands uncompromising quality assurance.” Discuss with reference to India’s pharmaceutical sector. (250 words)
Recent Trigger
- Union Health Ministry has sought strict compliance with revised Schedule M norms under the Drugs and Cosmetics Rules.
- This came after the Tamil Nadu Drugs Control Department found Diethylene Glycol (DEG) above permissible limits in Coldrif cough syrup.
- The syrup was linked to the deaths of at least 14 children in Rajasthan and Madhya Pradesh.
Investigation Findings
- DEG detected in one batch by Tamil Nadu authorities despite the Health Ministry initially ruling it out in other samples.
- The manufacturing facility violated several Good Manufacturing Practices (GMP) and Good Laboratory Practices (GLP).
- The contamination occurred due to use of non-pharmacopoeial grade propylene glycol, leading to DEG and ethylene glycol contamination — both nephrotoxic (kidney-damaging) substances.
- CDSCO recommended cancellation of the company’s manufacturing licence.
- A doctor who prescribed the syrup to many deceased children was arrested.
Larger Structural Concerns
- India’s drug regulation and quality control systems remain reactive, not preventive.
- Lax enforcement, weak inter-State coordination, and infrequent inspections enable recurring quality lapses.
- Regulatory authorities often act only after fatalities occur, not when early warning signs emerge.
Existing Frameworks
- India already has a Good Laboratory Practices (GLP) and Good Manufacturing Practices (GMP) framework.
- Schedule M (revised) sets stringent production, hygiene, and record-keeping norms for all pharmaceutical manufacturers.
- However, implementation and enforcement remain inconsistent across States.
Editorial’s Core Argument
- India must adopt a zero-tolerance policy for substandard drugs.
- “Hawk-like monitoring” and regular surprise inspections of manufacturing facilities are essential.
- Enforcement should be strict and continuous, not incident-driven.
- Every violation, irrespective of scale, must attract swift punitive action to create deterrence.
Broader Implications
- Incidents of poor-quality drugs tarnish India’s global image as a trusted pharma exporter.
- Such lapses threaten public health, international trade credibility, and domestic confidence in healthcare systems.
- A robust quality control and regulatory mechanism is integral to achieving Aatmanirbhar Bharat and export competitiveness.
Way Forward
- Institutional reforms: Strengthen the CDSCO and State-level drug regulators through manpower, training, and funding.
- Transparent inspections: Mandate real-time publication of inspection and test results.
- Strict penal action: Revoke licences, prosecute offenders, and ensure criminal liability for negligent manufacturers.
- Technology-enabled monitoring: Implement digital traceability systems for raw materials and drug batches.
- Public accountability: Ensure citizen reporting mechanisms for adverse drug reactions or suspected poor-quality drugs.
Key Takeaway
- Self-reliance without safety undermines credibility.
- To truly achieve Aatmanirbhar Bharat, India must match manufacturing capacity with uncompromising quality control.
- Preventive vigilance, not post-crisis action, must define India’s pharmaceutical regulatory ethos.
