Nepotism: The Silent Killer of Merit in India’s Legal Landscape

Image Credits-Times of India

Nepotism is a practice that has permeated every sector, from small to big. This is a tradition in which more importance is given to close ones, keeping merit and discipline aside. If we talk about law schools, then even they have not been spared either. Every capable law student is in its grip, but his merit is caught in a complaint. In this article, we would like to show every aspect  a law student feels. But they are not able to complain because those who practice nepotism are often influential individuals. On one hand,  students feel pressured to save their degrees and are unable to fight against it. On the other hand, those who dare to speak out are often silenced by threats to their family,relatives, or close ones. Furthermore, some influential individuals  are manipulating society by raising their voices.

Origin and its types: Until the 11th century, when clerical celibacy was mandated by Pope Gregory VII, priests were permitted to marry and have children. Their children usually inherited religious estates and ecclesiastical offices.Nepotism was divided into two types based on the feedback of the majority at large. Both reciprocal nepotism and entitlement-based nepotism existed. Reciprocal nepotism happens when business leaders hire their relatives or close friends, and those hired accept the job for reasons like financial benefits, trust, or cultural expectations. This often results in special treatment for those individuals. In contrast, entitlement-based nepotism occurs when a hired relative or friend believes they deserve the position simply because of their connection to the owner, rather than their skills or qualifications. This is common in family-run businesses, where certain members feel automatically entitled to roles and privileges

Nepotism in Law Sector:

In India, two subjects dominate the public discourse—politics and cinema. Whether it's a chai stall in a remote village or a high-rise urban café, conversations inevitably gravitate towards these two arenas. Yet, amidst the loud opinions and heated debates, one pillar of democracy remains curiously under-discussed: the judiciary.The judiciary is often viewed as the last bastion of hope—a temple of justice untainted by the murky waters of power and corruption. But recent revelations and controversies suggest a different, more troubling picture. If an institution built on fairness and impartiality begins to show cracks of bias, favoritism, and nepotism, can public faith remain unshaken?.The whispers became louder in 2018, when the Allahabad High Court collegium recommended 33 advocates for elevation as judges. What should have been a moment of professional triumph soon turned into a cloud of controversy. Allegations emerged that 11 of these advocates were either close relatives or long-time associates of sitting or retired judges. The situation escalated to such an extent that the government was compelled to initiate an Intelligence Bureau inquiry. The very foundations of judicial integrity seemed to tremble.But this wasn’t a one-off incident.

Back in 2013, a similar drama unfolded within the Punjab and Haryana High Court. The collegium recommended eight advocates for judgeship. The twist? Several of them were closely connected to former or current judges. The response was unprecedented—around a thousand advocates stood in protest, questioning the very merit of these appointments. It was a bold stand against what they termed the rising trend of "judicial dynasties."

The rot, it seems, was not limited to courtrooms alone. Fast forward to 2019, where a report surfaced under the Right to Information (RTI) Act, shaking the academic corridors of Jamia Millia Islamia University. Allegedly, the nephew of a Union Minister was admitted directly into the fourth year of the BA LLB programme, sidestepping the standard entrance exams and protocols. Whispers pointed fingers at the Chancellor’s recommendation, leaving a trail of questions about the sanctity of university norms and academic fairness.

Image credits-The Print

That same year, the corridors of NLU Delhi witnessed their own storm. A Public Interest Litigation (PIL) was filed in the Delhi High Court, accusing the university’s Registrar of gross misconduct and nepotism. Shockingly, the registrar reportedly held no law degree, yet had secured the prestigious position in violation of statutory requirements. The petitioners further alleged that once in power, the registrar extended undue favors in admissions and appointments, benefiting a circle of acquaintances and relatives.Each of these instances may seem isolated at first glance, but together, they paint a disturbing picture—a creeping culture of favoritism and backdoor entries in spaces meant to uphold merit, law, and justice.

When the very institutions that symbolize fairness are suspected of unfairness, the consequences ripple beyond the legal community. Public trust—the cornerstone of any democracy—begins to waver. And if that trust collapses, what remains of justice?.Many laws have been enacted to prevent this. I would like to mention some laws in this article, specifically the laws in India that  control nepotism in government organizations. According to Rule 4(1) of the Central Civil Services (Conduct) Rules, no Government servant shall use his influence, directly or indirectly, to secure employment for any member of his family in any company or firm. A bill was introduced in the Rajya Sabha in December 2011, seeking to prohibit ministers from appointing relatives under them in their ministries. The bill was passed in February 2012 and became an Act on 23 June 2012. It came into force on 14 August 2012.

Nepotism’s Positive Impact :

I also believe that nepotism should be in the business sector because no one can hand over his property to anyone else in any way. But the existence of nepotism in the public sector, which runs on the hard-earned money of the public, is a matter of concern for the new youth. If anyone practices nepotism then he should consider that if his relatives or close ones are capable, then they will earn their places themselves. If someone is not qualified for a position, it is morally wrong to appoint a family member or close one to that position. 

How to avoid nepotism from Law School and other public sectors?

There are many measures to prevent nepotism but some measures which should be implemented in law schools or other public sectors have been mentioned below. However, until these measures are implemented, they will serve no purpose. It is essential for higher officials, including professors at NLUs or universities, judges, and government officials, to recognize the need to implement these measures. The following measures, if adopted, will ensure opportunities for the meritorious.

1. Implement Fair written policy-

A written policy plays a significant role in preventing the ways through which nepotism can occur. It serves as a handbook that  establishes anti-favouritism rules and standards. For instance, the policy can stipulate  that the relatives are prohibited from working in the same department.

2. Create detailed job and Post descriptions-

Another tactic to prevent workplace nepotism is to create detailed job descriptions for each position. When you decide to diversify your team by hiring new individuals, you must establish clear job requirements. It helps you assess the candidate’s abilities against these standards. So, these job specifications help you to provide a fair chance to everybody.

3. Promote transparency in Hiring and promotion processes-

As a leader, it's essential to adopt a transparent process for hiring and promoting employees. This approach reduces nepotism in the workplace and strengthens the organisational culture. When you hire quality individuals over undeserving family or friends, you foster a culture of trust-building and transparency within the company.

4. Objective decision-making-

All the decisions regarding the hiring, selection, and promotion processes should be taken on legal business terms. As a leader, we should ensure fair standards are applied to all employees, regardless of personal relationships.

5. Equal employee treatment-

As a leader and supervisor, we should provide equal treatment to everyone. For this purpose, we must provide equal growth opportunities to each employee. Similarly, while distributing the workload, we should not favour our family relations and assign  duties equally to all.Let me also tell you that not only students are suffering from the disease of nepotism but qualified professors, bureaucrats, officers etc. have also fallen prey to it.

In a nutshell, nothing can be achieved by merely writing articles. Eradicating Nepotism from the Law Sector is  a herculean task. It requires responsible and fearless individuals to raise their voices and make concerted efforts to ensure that deserving people are selected on the basis of their merit. We urge every law school alumnus to raise their voices so loudly that the nepotists lose their sleep whenever there is injustice against their juniors. Nepotism is rampant in law schools, but with the support of alumni and social activists, it's not impossible to eradicate this disease from its roots. 

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By Amzad Ali

A law student at Aligarh Muslim University. I am currently interning under Advocate Syed Kaif Hasan. My writing focuses on contemporary and controversial legal issues, particularly those that are underexplored or lack sufficient scholarly attention.

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