comScore Justice On hold: Gujarat’s Decline In Judicial Performance Raises Concerns Over Institutional Efficiency

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Vibes Of India
Vibes Of India

Justice On hold: Gujarat’s Decline In Judicial Performance Raises Concerns Over Institutional Efficiency

| Updated: April 16, 2025 13:53

Once considered a frontrunner in delivering justice, Gujarat’s sharp decline in the latest India Justice Report marks a worrying shift in the state’s legal and institutional performance. Ranked among the top four just a few years ago, it now stands at 11th place, with glaring gaps in judicial staffing, legal aid accessibility, and the functioning of its human rights commission. Despite higher-than-average spending in some areas, the state struggles with the fundamentals — from underutilised funds and courtroom shortages to unmet reservation quotas and a dwindling number of para-legal volunteers.

The report, now in its fourth edition, offers a sobering assessment of Gujarat’s justice infrastructure — and signals the urgent need for systemic reform, according to a national daily.

Utilisation of the Nyay Vikas allocation — earmarked for the augmentation of judicial infrastructure — remains suboptimal, with expenditure falling below 60% of the sanctioned budget, indicating substantial lapses in fund deployment and project execution.

The findings are disconcerting given that even the availability of para-legal personnel in Gujarat has witnessed a downward trajectory, with the number of para-legal volunteers declining from 4.83 per lakh population in 2017 to 4.02 in 2024, thereby impacting the grassroots delivery of legal aid services.

The Gujarat State Human Rights Commission has similarly underperformed, securing the 20th position nationally. The Commission is currently operating with a 52% vacancy rate in its sanctioned staff strength, alongside a 25% shortfall in its executive cadre. Of particular concern is the investigation wing, wherein 78.6% of posts designated for women officers remain unfilled.

Access to justice via state-sponsored legal aid has also seen a marked regression. Once positioned 3rd in national rankings, Gujarat now occupies the 13th position among 18 states. Despite disbursing 87% of its earmarked legal aid budget for FY 2022–23, actual fund utilisation stood at a modest 78%.

The judiciary has emerged as one of Gujarat’s most troubling weak spots, claims a report by a national daily. Once ranked 9th, the state now languishes at 14th place among 18 mid-sized and large states in judicial performance — a steep fall from its 2022 standing. It holds the dubious distinction of having the highest high court judge vacancy rate in the country, with nearly 39% of positions unfilled — significantly above the national average of 32.7%.

The story isn’t much better in the lower courts. Judge vacancies have climbed to over 31%, leaving Gujarat with just one subordinate court judge for every 61,795 people. While that’s marginally better than the national average, the growing gap raises red flags for access to timely justice. Legal aid, too, has taken a hit — the state has slipped from an impressive 3rd place to a dismal 13th in the rankings. In stark contrast, Karnataka has emerged as the top performer in overall justice delivery.

Gujarat shows a mixed report card when it comes to representation in the judiciary. On the surface, the state has made notable strides at the top — women now make up 25% of its high court judges, well above the national average of 14%. But that progress thins out further down the ladder. In the subordinate judiciary, only 20% of judges are women — a stark drop compared to the national average of 38%.

The picture is equally troubling when it comes to social inclusion. The state has severely under-delivered on its reservation commitments, especially for scheduled tribes — filling just 2% of reserved judicial posts since 2022. In contrast, posts for scheduled castes are almost fully filled at 97%. Other Backward Classes (OBCs), too, remain underrepresented. Meanwhile, court staff shortages have nearly doubled, with an alarming 47% vacancy rate choking the system’s efficiency.

From an infrastructural standpoint, Gujarat is grappling with significant deficits impeding judicial efficacy. The state reports a 12.3% deficit in functional courtrooms and a 20.9% shortfall in sanctioned residential accommodations for judicial officers — both of which directly impact the smooth functioning of trial courts and judicial administration.

Gujarat’s per capita expenditure on legal aid stands at Rs 7.6, marginally exceeding the national average of Rs 6.3; however, the penetration and accessibility of these services remain limited.

As if that’s not enough, the state’s utilisation of funds allocated under the National Legal Services Authority (NALSA) framework declined to 69% in the financial year 2022–23, reflecting underperformance in deploying central assistance for statutory legal services. As of the latest assessment, Gujarat maintains 191 functional legal aid clinics to serve a rural base of over 18,000 villages — equating to approximately one clinic per 93 villages. This marks an incremental improvement from the 2017 ratio, where one clinic catered to every 37 villages, but clearly not enough for a state of Gujarat’s stature.

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