In a sharp rebuke of state governments, the Supreme Court of India on Friday pointed to a severe shortage of public prosecutors as a primary driver of delays in the nation’s criminal justice system, demanding that states immediately fill empty posts rather than simply complaining about systemic backlogs.
A bench comprising Justices B V Nagarathna and Ujjal Bhuyan pulled up state administrations for failing to conduct recruitment exams on time, leaving qualified candidates waiting while courtrooms remain understaffed.
“The States are not doing anything and simply saying ‘delay in criminal justice, delay in criminal justice.’ Where does the problem lie?” the bench remarked. “Why is the Directorate of Prosecution in each state not attending to all this? You are not conducting the prosecution exams on time. There are people waiting to be appointed.”
The top court’s strong observations came while hearing a case where it ultimately granted bail to an accused arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
A Systemic Bottleneck
The apex court highlighted a stark contradiction in how state governments approach judicial delays. While public officials frequently lament the slow pace of justice dispensation in the country, the court noted that the power to resolve one of its most critical bottlenecks—prosecutorial vacancies—lies entirely in the hands of the executive.
“We see they make statements, ‘there is delay, delay, delay in criminal justice dispensation in the country.’ Where does the problem come from?” Justice Nagarathna asked.
The bench emphasized that while the judiciary is ready to assist and suggest effective frameworks for appointing public prosecutors, the responsibility of execution rests solely with the states.
“You ask us, we will give you the suggestions. Will you implement it? That is the point,” Justice Nagarathna remarked.
Summer Break Ultimatum
Taking proactive steps to address the crisis, the Supreme Court directed all appearing State Counsels to actively lobby their respective governments for swift recruitment.
The court urged the counsels to use the upcoming summer holidays as a window to coordinate administrative action and implement concrete solutions.
“All of you appearing as State Counsel, please bring it to the Law Minister, Advocate General, Director of Prosecution and in the summer holidays, please use this time for all this, you see effective suggestions to be implemented,” Justice Nagarathna said, urging them to advise their governments to appoint public prosecutors directly in the court halls.
