Opening The Rift
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India Justice Report , 2025 (IJR), published by Tata Trusts and its NGO partners, sheds light on this; primarily focusing on state’s ranking in Police, Judiciary, Prisons and Legal Aid, the four primary units of the judicial framework.
Despite an increase in the police budget in some states, between 2020 and 2022, the national average expenditure (on training) per police was slashed from Rs 9,000 to Rs 8,000.
Yet, fifty-five per cent of prisons are overcrowded, 89 prisons have over-occupancy over 250 per cent.
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The administration of justice across Indian states has been devoid of comprehensive and data-driven evaluation. India Justice ReportIndia Justice Report (IJR)A pioneering national report evaluating state capacities to deliver justice across Police, Prisons, Judiciary, and Legal Aid based on infrastructure, budgets, and diversity., 2025 (IJR), published by Tata Trusts and its NGO partners, sheds light on this; primarily focusing on state’s ranking in Police, Judiciary, Prisons and Legal Aid, the four primary units of the judicial framework. Despite a plethora of laws on justice delivery, courts are overburdened, prisons are under-funded yet over-occupied, legal aid acting as just another bureaucratic set-up, and policing awaits desperate reforms. For the system to work effectively, the working of the four units in tandem is crucial. While some states have ameliorated their positions over the last few years (IJR 2019, 2020, 2022 and 2025), many still struggle in this regard. However, sans concrete steps, calling it a ‘struggle’ would be a misnomer. It’s a systemic failure and the resulting stagnation is largely due to government’s inaction.
‘Justice delivery’ is an all-encompassing term that denotes the required course of legal action enumerated in the laws administered and enforced in society. While doing so, it upholds the rule of lawRule of LawThe legal principle that all persons and institutions are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. and protects human rights. An indispensable constituent of this is ‘Access to Justice’, ensuring that citizens, especially from marginalised and vulnerable communities, can approach and get justice from justice institutions. IJR highlights the grim picture of Justice Delivery and Access to Justice across Indian states.
Police act as the first point of contact, representing the state to its citizens. Police don’t just maintain law and order but also serve as the primary agency in the criminal justice system. However, police in India have failed to protect human rights and access to justice. The IJR on police gives rank 1 to Telangana, followed by Andhra Pradesh and Karnataka. Telangana has improved its position from 10th position in 2020 to 1st in 2025. All other states outperform West Bengal here again. Telangana has improved its infrastructure, funding and diversity within the police force. IJR also reflects a sharp divide between police presence in urban and rural areas. On the national average an urban police station serves the population of 93,107 vs 98,000 in rural areas. Many states achieve this target in urban areas while failing to do so in the rural.
Bihar, for instance, serves 76,299 people through an urban police station. However, in rural areas, a police station serves 1,64,241 people, exceeding the national average by 75 per cent. NCRBNational Crime Records Bureau (NCRB)The central government agency responsible for gathering, compiling, and analyzing comprehensive crime data from across the country. data on crimes in India further corroborates the crime rate in Bihar, that can be linked to fewer police presence in the rural areas.
Analysis of Police Infrastructure, Budgets, and Diversity Capacity
In Prakash Singh vs Union of India (2006), the Supreme Court mandated reforms within the police forces across the nation. The court also emphasised capacity building and training for the police force. IJR, in this context, analyses the state’s budget allocation for police training. Despite an increase in the training budget, it remains under-utilised. 8 out of 9 states that have increased the overall police budget, have failed to utilise it. Despite an increase in the police budget in some states, between 2020 and 2022, the national average expenditure (on training) per police was slashed from Rs 9,000 to Rs 8,000.
Diversity and inclusion are the hallmarks of democracy; yet most states have failed to appoint the sanctioned strength under the reserved category. Only ten states have achieved the sanctioned strength of constables belonging to the SC category. Except for Gujarat, Goa, Himachal Pradesh, and Karnataka, no other states have filled the vacancy for officers in Scheduled Caste category.
A well-functioning and independent judiciary is the cornerstone of democratic societies. The Indian judiciary continues to face issues of pendencyPendencyCases that have been filed but have remained unresolved or pending trial for an extended period within the judicial system. and lack of infrastructure and resources. District courts in remote areas are still in ramshackle and dilapidated conditions. As per IJR, Kerala has outpaced other states, improving its Judiciary ranking from 4th to 1st in 3 years. In comparison, West Bengal is ranked worst. Six of the 25 high courts operate with less than 20 per cent judge vacancy. Whereas the judge vacancy in subordinate courts is much higher, out of 35 states/UTs, 16 states have one-fifth unfilled seats. Women judges make up 38 per cent of the subordinate judiciary; Strikingly, their number is abysmally low in the high court at just 14 per cent. It is not just judges; high courts are severely understaffed, and 13 high courts operate with at least 20 per cent of staff vacancies.
Analysis of Judicial Infrastructure, Vacancy Crisis, and Gender Diversity
In several high courts viz. Allahabad, Bombay, Calcutta, Chhattisgarh, Delhi, Guwahati, Gujarat and Himachal Pradesh, the staff vacancy soars up to 40 per cent. IJR also highlights that the sanctioned budget under the Nyaya Vikas scheme remains underutilised despite the need for infrastructure development. While the number of judges appointed has increased, cases per judge in the subordinate and high courts witnessed a rise. This rise reflects both the need to fill vacancies and the urgent need to promote Alternative Dispute Resolution (ADR)Alternative Dispute Resolution (ADR)Processes and techniques, such as mediation or arbitration, that act as a means for disagreeing parties to come to an agreement short of litigation. mechanisms.
Prison plays a vital role in a functioning criminal justice system by keeping the custody of accused, under-trialsUnder-trialsPrisoners who are currently on trial in a court of law and are kept in judicial custody pending the outcome of their case, often without being proven guilty., and convicts safe. National Legal Services Authority (NALSA)NALSAA statutory body established to provide free legal aid to marginalized sections of society and organize Lok Adalats to ensure justice is not denied due to economic disabilities. introduced schemes within the prisons to assist inmates in securing justice. The Indian judiciary, in a series of cases, has ruled that the Right to Life with dignity is a fundamental right and equally available to prisoners. Yet, fifty-five per cent of prisons are overcrowded, 89 prisons have over-occupancy over 250 per cent. Alarmingly, 12 prisons have over 400 per cent occupancy. In 2012, the prison occupancy rate was 112 per cent. Today, it stands at 131 per cent. It’s no hidden fact that inmates are subjected to sub-human conditions. Prisons lack basic infrastructure, such as barracks, toilets, washrooms, and eating places for inmates. As per the reports issued by Prison Aid and Action Research, there are ‘night toilets’ (toilets within cells), forcing inmates to live and sleep beside a toilet seat.
Analysis of Prison Overcrowding, Funding Frameworks, and Staffing Deficits
More than two-thirds of inmates are under-trial prisoners. Most of them have already spent more than half of their maximum sentence in prison without being proven guilty. According to a report by the Centre for Social Justice (CSJ), the Under Trial Review Committee (UTRC) and District Legal Services Authorities tasked with reviewing and releasing under-trial prisoners are essentially defunct. Pendency of cases, delayed trial and refusal of bail makes under-trial prisoners languish behind the bars, forming 76 per cent of the total prison population. Another problem is the under-funding of prisons. The average per-day expenditure per prisoner has seen an upward trend, from Rs 62 in 2012 to Rs 121 in 2022. However, states like Maharashtra and Punjab spend as little as 47-49 rupees daily. Andhra Pradesh spends much above the national average at 733 rupees per day. Here, Andhra Pradesh tops the scale, and Maharashtra falls to the bottom.
Further, there is an extreme paucity of officer and cadre level staff in the prisons; with the national average vacancy at 30 per cent. In some states like Jharkhand, it’s as high as 60 per cent. This means that the number of prisoners per staff is likely to increase; in 2022, there were nine prisoners per staff. The shortage of female staff is concerning, perpetuating gender bias and discrimination by male staff.
The Legal Services Authorities Act, 1987 attempts to provide legal aid as the larger subset of Access to Justice in India. The act has led to establishing Legal Services Authorities (LSAs) at the national, state, district, and taluka levels. The Supreme Court in Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar (1979), recognised free legal aid as part of the fundamental right under Article 21 of the Indian Constitution. In 2010, NALSA passed a regulation to effectuate free legal aid for the marginalised and vulnerable group. According to a pan-India study by CSJ, legal services authorities are marred by a lack of human resources, such as empanelled lawyers and para-legal volunteers (PLVs)Para-Legal Volunteers (PLVs)Trained community workers who serve as a critical bridge between vulnerable citizens and formal legal institutions, offering grassroots legal guidance.. PLVs have declined from 45,636 in 2022 to 43,050 in 2025. Between 2019 and 2025, the number of PLVs decreased by 38 per cent, reflecting a lackadaisical approach towards’ Access to Justice’ and legal aid.
Analysis of Grassroots Legal Aid Capacities, Resource Deficits, and Diversity
The LSAs in rural areas are overworked, and the legal service clinic serves an average of 163 villages. In the legal aid ranking, Karnataka holds first among the large and mid-sized states, and Rajasthan has scored the lowest. In the district judiciary, the average proportion of female DLSA secretaries is lower than that of female judges. Women make up almost one of every two PLVs and nearly one of every three-panel lawyers.
In a functional democracy like India, justice is a constitutional guarantee. Yet, our justice system is in lacklustre. In the landmark supreme court case (Anita Kushwaha v. Pushap Sudan, 2016), it was ruled that the right to justice is a set of constitutional rights enshrined under Articles 14 and 21. This can be achieved by strengthening our institutions of justice, the four pillars- Police, Judiciary, Prison and Legal Aid. IJR is a clarion call, calling for an imminent need for sustained investment on police and prison infrastructure. States must expedite judicial, police, prison staff and PLVs appointments, and revive legal empowerment mechanisms at the grassroots. States must focus on improving the standards across the four pillars, identify good practices, and strengthen existing schemes. Justice delivery is not a charity; it is a democratic imperative and must be secured to all citizens to achieve the constitutional dream.
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