Just as the Indian Constitution is amended to ensure it remains a “living document” that adapts to evolving social, economic, and political realities while upholding fundamental principles, it is time to consider reforms in the legal framework to enhance judicial effectiveness and transparency.

The judiciary in India enjoys immense public faith, with judges serving as guardians of the Constitution and the rule of law. Their role extends beyond presiding over court proceedings; they interpret laws, resolve disputes, and deliver judgments based on reason and justice. Judges are expected to conduct trials impartially, ensuring that all parties have a fair opportunity to present their case. However, recent aberrations have raised concerns about judicial accountability and consistency in decision-making.

A case from the Allahabad High Court has drawn attention to this issue. Two bikers, after giving a minor girl a lift, stopped near a culvert dragged her below the culvert and began molesting her. Thanks to timely intervention, a potential sexual assault was averted.

However, the Allahabad High Court ruled that their actions like grabbing her breasts and breaking the string of her ‘Pyjami’ did not amount to an attempt to rape. Such a judgement was cause of greater concern and disturbance because it did not come from any lower court. It was from the high court. It has sparked a controversy saying that the scale of judgement was tilting against women. Fortunately, the Supreme Court has now intervened and stayed the judgement.

Similarly, in some cases, courts have suggested marriage as a redressal in rape cases, raising ethical and legal concerns. In response, the Supreme Court has emphasized that bail should not be granted to accused individuals without hearing the survivor or her family. Certainly, we need to be more sensitive towards women and adopt greater human approach.

Another recent controversy involves the discovery of unaccounted cash at the residence of Justice Yashwant Varma. While the Supreme Court has ordered an internal probe, the issue has sparked nationwide debate.

Congress MP Manish Tiwari highlighted in Parliament that such incidents shake public confidence in the judiciary. TMC MP Kalyan Banerjee further questioned why judges, who are public servants, should not be subject to investigation under anti-corruption laws such as those enforced by the Lokpal.

These developments highlight the urgent need for judicial reforms. While the Supreme Court has intervened in some cases to uphold justice, it cannot be expected to rectify every flawed judgment. A more robust system of accountability and oversight is necessary to maintain public trust in the judiciary. Addressing these concerns through institutional reforms will strengthen the credibility of India’s judicial system and ensure that justice is both accessible and impartial.