Prashant Bhushan writes: We need to talk about judicial corruption

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4 min readFeb 27, 2026 06:30 AM IST First published on: Feb 27, 2026 at 06:30 AM ISTThe NCERT’s new Social Science textbook for Class VIII has introduced changes to the chapter on the judiciary in India. A major row has erupted over the additions, which list corruption and judicial backlog among the challenges faced by the judiciary today. Since then, the NCERT has issued an apology regarding the additions and reportedly withdrawn the textbooks from circulation.These are concerning developments. Though several challenges face the judiciary, including access to justice, the nature and quality of judicial appointments, and the independence of the judiciary, there is little doubt that corruption is among them. This is not to say that corruption in other institutions of the state is a less serious challenge. There is undoubtedly corruption in the executive branch. Given that, corruption in the judiciary also remains a grave and deep-rooted problem, and one that is widely recognised by the public.AdvertisementTransparency International, in its 2007 Global Corruption Report, found that 77 per cent of the people surveyed in India described the judicial system as corrupt. Since that time, there is little to suggest that corruption in the judiciary has reduced, as is clear from several recent cases. And this is when it is exceedingly difficult for judicial corruption to be exposed to public view on account of the fear of contempt of court and the virtual non-existence of any effective method of bringing corrupt judges to account. There exists no independent mechanism for the investigation of complaints against judges of the higher judiciary. The only constitutionally prescribed process is impeachment, which is in practice virtually illusory. Its initiation requires the signatures of at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha, thereby making the process dependent on the prevailing political will, rather than the merits of the complaint. The supposed in-house mechanism created by the judiciary itself is virtually non-functional since many serious complaints are not acted upon with any examination or investigation.In response to a starred question in the Lok Sabha on the number of complaints received against judges of the higher judiciary, the Ministry of Law and Justice on February 13 responded that 8,630 complaints were received in the office of the Chief Justice of India against sitting judges during the last 10 years, which are handled under the in-house mechanism. However, we know that only a very few have led to the constitution of in-house inquiry committees. Consequently, even serious allegations may never reach the stage of formal inquiry, rendering these accountability mechanisms ineffective, further eroding public confidence in judicial integrity.Judicial corruption may manifest in many forms other than financial corruption, including abuse of discretion, nepotism, conflict of interest, misuse of authority. Corruption at high levels has been acknowledged by several judges/Chief Justices of the Supreme Court. In fact in August 2020, during the proceedings against me in a contempt of court case, the then Attorney-General for India, K K Venugopal, in a hearing before the Supreme Court, stated that he had the names of “nine judges of the Supreme Court saying there is corruption in the higher judiciary…seven of them said so immediately after their retirement. I have extracts from all of them…”AdvertisementJudicial corruption must be properly understood and openly discussed. Only through public discourse can meaningful corrective measures be implemented. The more the judiciary tries to suppress discussion or restrict access to information, the more distrust is likely to grow in the minds of citizens. As the judiciary is not above scrutiny and is accountable to the people, there is no doubt in my mind that the inclusion of references to judicial corruption and delays in the NCERT curriculum is in keeping with the constitutional values of transparency and accountability that surely must pervade the judiciary above all other institutions in the county.The writer is an advocate at the Supreme Court of India and convenor of the Campaign for Judicial Accountability and Reforms