Context

• The lack of targeted funding for justice reforms in the Union Budget 2026–27 reflects India’s continued neglect of the rule of law as a pillar of economic growth and democratic governance.
• Although large amounts are spent on the justice system, the allocation of resources remains deeply uneven.
• Across 11 high-GDP States, around ₹2 lakh crore was spent on justice-related institutions in 2024–25, accounting for nearly 4.6% of State budgets.
• However, the majority of this expenditure is concentrated on policing, while sectors such as the judiciary, legal aid, prisons, and human rights bodies remain significantly underfunded.

Structure of Justice Expenditure in India

• Dominance of Police Funding
  • More than 80% of justice-related expenditure is allocated to the police system and around ₹1,616 per capita is spent on policing, making it the largest component of justice budgets.
  • Since policing is a core responsibility of the State, substantial funding is necessary.
  • However, most police expenditure is directed towards salaries, administrative management, and infrastructure such as vehicles and computers.
  • Less than 1.5% of police budgets are spent on training, while only around 1% is allocated to forensics.
• Underfunding of the Judiciary
  • The judiciary receives less than 1% of total State budgets despite handling enormous caseloads and judicial delays.
  • District courts alone manage seven times more cases than High Courts, yet they receive only three times the budget.
  • Limited investment in judicial infrastructure and staff creates delays in dispute resolution and affects public confidence in the legal system.
  • India currently has only 15 judges per 10 lakh population, far below the Law Commission recommendation of 50 judges per 10 lakh people.
  • In addition, every judge requires several clerical and support staff members for efficient functioning.
  • Insufficient judicial capacity slows down economic activity, weakens contract enforcement, and reduces access to timely justice.

Crisis in Supporting Institutions

• Condition of Prisons
  • The 11 States discussed account for nearly 60% of India’s prisoners, with prison occupancy reaching 137%, higher than the national average.
  • Despite this, prisons receive only 0.14% of State budgets.
  • Very little funding is directed towards prison staff development, welfare, or rehabilitation programmes.
  • On average, only ₹0.23 out of every ₹100 spent on prisons is allocated to training.
  • High vacancy rates and overcrowded prisons create poor living conditions and reduce the possibility of reforming inmates.
• Neglect of Legal Aid
  • Legal aid receives the least amount of funding among all justice institutions.
  • Since legal aid is the primary mechanism through which poor and marginalised citizens access justice, inadequate funding directly affects equal justice and constitutional rights.
  • Limited financial support reduces the reach of legal services and delays legal representation for vulnerable groups.
  • As a result, economically weaker sections often struggle to defend themselves within the legal system, increasing inequality in access to justice.

Systemic Priorities and Institutional Imbalance

• Focus on Enforcement Over Justice
  • The current distribution of funds reflects a justice system primarily designed around enforcement and surveillance rather than fairness and accessibility.
  • Strong emphasis on policing creates a system capable of producing arrests and detentions but less effective in delivering remedies and protecting rights.
  • Data from the National Crime Records Bureau (NCRB) show that nearly 26 lakh people were arrested in 2024, many from socially and economically disadvantaged communities.
• Weak Oversight Institutions
  • Institutions responsible for accountability and rights protection also suffer from neglect.
  • State Human Rights Commissions (SHRCs) receive only around 80 paisa per capita despite their statutory responsibility to investigate rights violations and monitor safeguards.
  • Many SHRCs continue to function with over 40% vacancies, limiting their effectiveness and weakening independent oversight.
  • Without strong accountability institutions, citizens face greater difficulty in seeking protection against abuse of power.

The Way Forward: Need for Recalibration of Justice Budgets

• A balanced justice system requires equal attention to all its pillars, policing, judiciary, prisons, legal aid, and oversight institutions.
• Excessive dependence on policing creates pressure on other institutions and results in delays, overcrowding, and procedural inefficiencies.
• Greater investment in judicial infrastructure, legal representation, prison reforms, and professional training would strengthen the overall justice delivery mechanism.
• A more balanced allocation of resources would also improve accessibility, fairness, and institutional accountability.

Conclusion

• While policing receives the largest share of resources, institutions essential for ensuring rights, fairness, and accountability remain underfunded.
• Shortages of judges, overcrowded prisons, weak legal aid systems, and ineffective oversight bodies undermine public trust and disproportionately affect marginalised communities.
• A meaningful recalibration of justice budgets is essential for building a people-centred and constitutionally grounded justice system.
• Strengthening every component of the justice ecosystem would not only improve access to justice but also support democracy, social stability, and long-term economic development.