Former Judge of the Supreme Court of India Justice Madan B. Lokur expressed grave concerns over India’s low ranking in the World Justice Project’s Rule of Law Index during the World Justice Forum held in Warsaw from June 24-26.
Participating in a high-level panel titled “Strengthening Accountability through Rule of Law Reforms in the Asia Pacific Region”, Justice Lokur emphasised the urgent need for judicial reforms to safeguard India’s democracy.
He was joined by Nozomi Iwama from Japan International Cooperation Agency, South Korean Judge Jaewoo Jung, Deputy Justice Minister of Uzbekistan Karimov A. Nishanovich was part of an eminent panel along with Dr. Phiset Sa-ardien from the Thailand Institute of Justice. The session was moderated by Srirak Plipat, Asia Pacific Regional Director, World Justice Project.
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“Independence of the judiciary is of utmost importance. It has been recognised as one of the essential features in the basic structure of our Constitution,”- Justice Madan Lokur
Justice Lokur highlighted that India’s 79th rank out of 142 countries in the Rule of Law Index reflects deeper issues, particularly around judicial independence. He pointed out that executive interference in judicial appointments – such as withholding recommendations of the Supreme Court Collegium without any justification – undermines the integrity of the system.
“We all need to stand up for the rule of law, independence of the judiciary and the legal fraternity,”- Justice Lokur urged
He raised concerns over judicial corruption and selective political action in dealing with complaints against judges. Citing the Supreme Court’s recent recommendation to remove a judge after burnt cash was found at his home, he emphasised the need for independent, transparent systems to address misconduct.
“Judicial corruption erodes public confidence in the legal system and poses a serious threat to the rule of law,” – Justice Lokur
He criticised the executive’s selective inaction, especially in cases where judges are seen to be aligned with those in power, calling it a “dangerous precedent” that undermines public confidence and judicial impartiality.
“The executive in India often fails to take action against judges perceived to be close to its ideology, thereby seriously impacting judicial independence,” – Justice Lokur warned
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Justice Lokur also drew attention to the backlog of cases in Indian courts and welcomed initiatives such as mediation and alternative dispute resolution (ADR) as promising steps towards reducing judicial burden and ensuring timely justice.
This discussion serves as a valuable platform for sharing experiences from across countries. Justice Jung from South Korea candidly discussed corruption within his country’s judiciary and executive, reinforcing the idea that maintaining judicial independence is a global issue, requiring collective accountability and reform.