Karnataka has ranked as number one in the list of states and Union Territories in granting access to justice and three other southern states figured among the best five, according to the India Justice Report 2022.
The IJR, an initiative of the Tata Trusts launched in 2019, ranked states and UTs on various parameters like vacancies in the judiciary, budgetary allocations, infrastructure, human resources, legal aid, condition of prisons, functioning of police and state human rights commissions.
Karnataka topped the chart among 18 large and mid-size states having a population of over one crore each. It was followed by Tamil Nadu, Telangana, Gujarat and Andhra Pradesh. The report said Karnataka remained the only state to have consistently met its quota for SC, ST and OBC positions, both among police officers and the constabulary.
The IJR, released here on Tuesday, said except for Delhi and Chandigarh, no state or UT spends more than one per cent of its total annual expenditure on judiciary where the vacancy of judges in high courts stands at 30 per cent.
As of December 2022, the country had 19 judges for every 10 lakh people and a backlog of 4.8 crore cases. The Law Commission had suggested, as early as in 1987, that there should be 50 judges for every 10 lakh people in a decade’s time.
The list of seven small states, having a population of less than one crore each, was headed by Sikkim, followed by Arunachal Pradesh and Tripura.
“The justice system as a whole remains affected by low budgets. Except for two union territories, Delhi and Chandigarh, no state spends more than one per cent of its total annual expenditure on the judiciary,” it said.
“Vacancy is an issue across the police, prison staff, legal aid, and judiciary. For 1.4 billion (140 crore) people, India has about 20,076 judges with about 22 per cent of sanctioned posts vacant. Vacancy among high court judges is at 30 per cent.
“In the police, women are only about 11.75 per cent, despite their numbers doubling in the last decade. About 29 per cent of the officer positions are vacant. The police-to-population ratio is 152.8 per lakh. The international standard is 222,” the report said.
It said prisons are over-occupied at over 130 per cent and more than two-thirds of the prisoners (77.1 per cent) are awaiting the completion of an investigation or trial.
The IJR said most of the states have not fully utilised funds given to them by the Centre and their own increase in spending on the police, prisons, and judiciary has not kept pace with the overall increase in state expenditure.
Retired Supreme Court judge Justice Madan B Lokur said, “The third IJR shows that states are making a substantive improvement over the last two ones in terms of adding new dimensions on diversity, training, and infrastructure. Some states have dramatically improved their performance but there is a lot that needs to be done on the whole.”
“So far as the police are concerned there does appear to be a shortage of women officers in police. Legal aid is doing better but still a lot of people need to be provided quality free legal aid, we need to increase the confidence that people have in our services,” he said.
Maja Daruwala, Chief Editor of IJR 2022, said as a member of the comity of nations and, more importantly, as a commitment to itself, India has promised that by 2030 it will have ensured access to justice for all and built effective, accountable, and inclusive institutions at all levels.
“But the official statistics brought together in the IJR this year show that we still have a long way to go,” she said.
The report said Karnataka remains the only state to have consistently met its quota for SC, ST and OBC positions, both among police officers and the constabulary.
“In the judiciary, at the subordinate/ district court level, no state met all the three quotas. Only Gujarat and Chhattisgarh met their respective SC quotas. Arunachal Pradesh, Telangana, and Uttarakhand met their respective ST quotas. Kerala, Sikkim, Andhra Pradesh, Maharashtra, Tamil Nadu, Chhattisgarh, and Telangana met OBC quotas,” it said.