Corruption in Judiciary - Inputs on Root Causes


Below are your key inputs on Corruption Issues in Judiciary. Kindly review them and identify any additional issues that are missing. Otherwise, help identify Root Causes for these Issues.

We look forward to your inputs!
Transparency International India

Corruption in Judiciary - Key Issues

1. Judges in the lower courts come under pressure from ruling political parties as well as few law practitioners who are closely associated with them to get favourable judgements
2. Some judges of the lower court accept money to give favourable verdict to a certain party
3. Advocates can easily get cases adjourned/pushed forward by putting money into the chain
4. Advocates and Public Prosecutor work as conduit for bribing Judiciary in form of expensive holidays, cash etc.
5. Lawyers misguide their clients and keep asking for more money to fight the case
6. In rent control matters, lawyers and judicial staff work hand in glove to take maximum adjournments so that the tenant can postpone the vacating the premises for which they take extra money
7. One could also pay a bribe to prevent the adjournment of a case
8. A lot of money in exchanged with judgements for the judges to use their discretionary powers in granting adjournment, bail and compensation
9. Many times, one also has to pay to get certified document copies, pay for registering suit, complaint as well as petition
10. At the lowest level, peons take money to remove papers from the bundles. more  

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Corruption in Judiciary.
I don't think this sort of post mortem is required for corruption prevailing in different Government Departments. Corruption is one and the same wherever it prevails. It is corrupt Government Officials supported by corrupt politicians demanding bribes in cash from common citizens for services rendered. The key point to be noted is that they always demand bribe in cash and cash only. If there is no unnecessary(black) cash circulating in society the question of paying bribe does not arise. Bribe is paid in big denomination notes. Remove Rs.1000, 500 and 100 permanently from circulation. Create a cashless society. All transactions above Rs.1000 through bank cheques, online transfer, debit/credit cards only. This is the one and only solution for corruption, bribery and black money circulation. The grand success of Jan Dhan Yojna under the present Government will make this all the more easier. more  
There was a time when to get an interim relief, in a tribunal's particular bench only a particular advocate had to appear. If in similar cases another advocate appeared immediately thereafter, he wouldnot get such an interim relief. No doubt due to complaints the Presiding officer was denied extension of tenure and his approaching the High Court challenging denial of extension was defeated only because of the watchful eyes of certain others. The said bench of the said Tribunal however continued to be below bench mark due to malpractices by selected vested interested practitioners and the successor presiding officers. The fallen standards could have been remedied for which a no confidence against the Bench was duly passed and sent to all higher constitutional functionaries including the President of India. The decisions on it remaining pending, with change in the Bar Association Body, the new incumbent office bearers held the General Body Meeting and surreptitiously sent a report of full confidence in the Bench by fooling the members without slightest doubt or knowledge, thereby bailing out the Members of the concerned Bench from the impasse. It was no use detecting the fraud later. The damage or mischief already committed could not have been corrected then, since the constitution of the Association could not be changed for a year. No doubt, the advocates who played the mischief are materially well entrenched with all such steps! who to or how to bell these cats. No wonder the present Govt. seems to be in a mode to discourage establishment of Tribunal! The most surprising fact is that one of the advocates who joined against the bench and in active support of the no confidence as a non-member of the Governing Body of the Association was who committed all frauds in doing the final mischief (against) sitting as the Association's head! First a good samaritan-preacher and finally as the best cheat! more  
I would like to add to list
1) Many cases are filed without proofs.Every case filed should complete some formalities i.e. In one case case regarding plot was filed but no proof of owning the plot.He submitted one municipal bill which was 3 years old.But still judge approved the case to be filed.Actually latest municipal tax bill as well as electric bill & other documents are to be filed which were not.
2)There should be protocol for accepting all cases. unless these are filled case should not be filed.Because of corruption many cases are filed like above conditions. more  
I recollect an incidence where an upright judge was hounded by lawyers and ask for a transfer within 6 months of his posting as he did not agree for unlimited adjournments. more  
In India if one lives one's life without having to see the Court, the Police or a big time Hospital count yourself as the luckiest person on earth. It is in our DNA to be corrupt and unprofessional I guess. Chalta hai/ Thoda Adjust/ Chai paani/ Kee farak painda are all symptomatic aspects of it. Unless Corruption is seriously dealt with nothing of significance or lasting value can develop or propser in India. But I am pessimistic. I feel Corruption can never be dealt with leave alone eradicated anywhere in India (even in the religious place- I beg to state) considering the extent and reach of the corrupt and the self protecting vicious cycle of vested interests that are at work in perpetuating such a system, i feel it will indeed be an absolute miracle if things improve. more  
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