Why in the News?

The perception of justice is as vital as justice itself, with unelected constitutional institutions expected to uphold transparency and exercise restraint in engaging with elected authorities.

Relationship between Public Perception and the Actual Functioning of the Justice System:

• Role of Perception in Justice: Perception of justice is critical because it shapes public trust in institutions. Even if the justice system functions properly, if it is perceived as biased or ineffective, it erodes confidence. The system must not only deliver justice but also be seen as just.
• Moral Authority: When unelected constitutional bodies, like the judiciary, demonstrate transparency and accountability, they build moral authority.
• Perception vs Reality: Public perception can sometimes be more influential than the actual functioning of the system. Institutions like the judiciary must work to balance delivering justice and managing public perception to maintain credibility.

How Do Systemic Biases Affect Perceptions of Justice Among Marginalized Communities:

• Historical and Structural Biases: These perceptions arise when the system disproportionately impacts certain communities, whether through discriminatory practices or unequal access to legal representation.
• Erosion of Trust: When systemic biases are evident, marginalized groups may become cynical or disengaged from legal processes, believing that the system is not designed to serve their interests. This creates a widening gap between these communities and the justice system.
• Impact on Public Discourse: Systemic biases fuel narratives that the justice system is rigged or unfair. In the long term, this can lead to public apathy, where marginalized groups may stop engaging with the system, assuming that it will not provide them justice.

Broader Reflections on Democracy and Institutions:

• Information and Discourse: The explosion of media and social media has blurred the lines between personality-driven and issue-based politics. This shift has led to heightened cynicism, where the focus on individuals overshadows serious discourse on public issues.
• Restoring Institutional Integrity: For democracies to thrive, institutions must maintain boundaries defined by constitutional mandates. When constitutional organs exhibit higher standards of probity and transparency, they inspire trust, which is vital for democracy.
• Responsibility of Constitutional Institutions: Independent constitutional bodies, like the judiciary, are expected to rise above partisan politics and protect democratic values.
  • The example of T.N. Seshan, former Chief Election Commissioner of India, exemplifies how individuals can enhance institutional integrity by adhering to constitutional principles and maintaining public confidence.

Conclusion:

The functioning of the justice system, while critical, is deeply influenced by public perception, especially among marginalized communities. Systemic biases create barriers to justice for these communities, reinforcing negative perceptions. Constitutional organs must hold themselves to higher standards, as public trust in these institutions is vital for the health of democracy.

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