The Broken Foundation · Chapter One
Justice delayed is justice denied. But in India, justice is not merely delayed — it is systematically rationed by a system that has neither the capacity to deliver it nor the institutional will to build that capacity.
| Indicator | Figure | Source |
|---|---|---|
| Cases pending | 5 crore+ | NJDG 2024 |
| Judges per million people | 21 (UN recommends 50+) | ET Judges 2023 |
| Estimated time to clear backlog | 300+ years | Law Commission |
| Collegium recommendations pending | 70+ (some 2+ years) | SCBA 2024 |
| Median time for civil dispute | 10+ years | DAKSH 2022 |
Since 1993, India's senior judiciary has appointed itself through the Collegium — a small group of the most senior Supreme Court judges who decide, in private, who joins their ranks. No public advertisement. No formal interview. No published criteria. No parliamentary oversight.
India has no cooling-off period. A judge who retires on Friday can be appointed Governor on Monday by the very government whose policies they may have adjudicated weeks earlier.
| Country | Appointment Model | Key Feature |
|---|---|---|
| Germany | 2/3 supermajority in parliament | No single party can capture the court |
| UK | Independent Judicial Appointments Commission | Govt rejects but cannot nominate |
| Sweden | Appointments Board — published reasoning | Full transparency for every decision |
| Singapore | Merit-based, published criteria | 18-month commercial dispute target |
01 · Independent Judicial Appointments Commission
Replace the Collegium with a multi-stakeholder commission. Supermajority parliamentary confirmation. Published reasoning for every appointment.
02 · Mandatory 3-Year Cooling-Off Period
No retired judge may accept any government appointment for 3 years post-retirement.