JUDICIAL INFRASTRUCTURE

¤ 3,143 Court Halls coming up.

-The Union Government has set aside  Rs. 3,320 crore for the completion of Centrally sponsored scheme to develop infrastructure for the judiciary by March 31, 2020.

-The Central Government has approved the continuation of Centrally sponsored scheme for Development of Infrastructure Facility for Judiciary beyond 12th Five Years Plan period, that is , from April 1, 2017 to March 31,2020 with an estimated outlaw of Rs 3,320 crore.

-Currently 3,143 court halls and 1,682 residences for judges under construction.

-"A total of Rs 6,006 crore has been released since 1993-94 out of which Rs 2,562 crore (42.66%) has been released since April 2014 " government statistics in Parliament show.

-As November 30,2017 , 17,848 Court halls 44,085 residential accommodations have been made available for the judicial officers of district and subordinate courts.

¤ 5,984 vacancies

- However , the Centre said there are 5,984 judicial vacancies in the subordinate judiciary. That is, the vacancies amount to 26.38% of the sanctioned strength of 22,677.

-This means that the number of vacancies in the subordinate judiciary has increased by 1,000 from November 2016. Vacancies at that point of time was 4,937.

-In January 2017,the National Court Management System Committee has filed an interim report in SC saying that mere clearance of backlog was not the sole basis for determining the judge strength required in subordinate judiciary to deal with pendeny.

-The court had prima face agreed with a suggestion made by chairperson of the committee that rate of disposal method missed several critical aspects on the colossal backlog in subordinate courts.

-Newspaper -The Hindu Report of 2 December 2018 ; Page-11

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Well it's about time that 3,143 Court halls are going to made till 2020.But is it enough?

Features of the scheme-

1) Union Government set aside Rs 3,320 Cr. for Court halls and judicial accommodations.

2) It is Centrally sponsored scheme ie; 75% funds are given by Centre Government and 25% funds are given by State Government .

3) 3 year time is given for its completion.

4) It is going beyond 12th Five Years Plan till March 31,2020.

5) Approximately Rs.1,100 Cr. per year is scheduled to be given.

6) These halls and residences are formed so that youngsters also apply for state judiciary.

The cirlce shown in image is explained below.

For RULE OF LAW to prevail there should be a circle whose elements are explained below-

1) Judicial Transparency : There should be judicial transparency in following-

a) Appointment of judges : should be done by any alternate method other than collegium system so that Prime minister or Government will have the power to appoint the judges of SC.

b) Internal Administration : CJI is the master of the roster ie; he decides which matter is given to which judge of SC. Because of this there is the incidences of bench shopping  ie; petitioners buy benches who are more likely to decide in their favour. The master of roster should not be one person . There should be a bench of 5 judges at least.

2) Judicial Backlog of vacancies (AIJS:MoP) :

a)AIJS: There should be one All India Judicial Service entrance test should be conducted all over India. So that judicial transparency maintained (that was our first point) because in state based judicial exam the nepotism can easily be prevailed.

b) MoP: Memorandum of proceedings.

3) Backlog of cases: There is delay in judgement delivery due to-

a) Delay in Crime Investigation : Crime investigation is done by Police. Police is state subject and police do judicial and executive function. According to Art.50 there should be separation of power of executive from judiciary. Investigation should be transparent.

Investigation should be under judiciary.

b) PoNJ ie; Principle of Natural  Justice : is an excuse which is taken by police late proceedings.

There should be no misuse of PoNJ there should be-
i) Good Advocates for making proceedings fast.
ii) Public Prosecutors should be efficient
iii) IPC & CrPC laws should be changed.

c) Archiac laws ie; laws which are primitive in nature or no longer in use .

Legal scavenging of archiac law should be done.

4) Plight of prison inmates : Advocate on Record takes high fee for taking up the matter to SC which is against affordable access to justice under Article 39.

5) Decriminalisation of society : should be done.

a) Recidivism ie; same crime done by one person again and again.

People should have fear of law in order they don't do the same crime again and again.

b) Criminal Politicians : Now a days many criminal also get into politics.

New laws should be made to stop criminals into politicians.

For prevaling of RULE OF LAW this circle should be there. 

~Vacancies for subordinate judiciary were also given out.

Features 

-5,984 vacancies for subordinate judiciary is given out.

-Vacancies are increased by 1,000.

-NCMSC filed a report that mere clearance of backlog should not be the basis.

-The committee has taken the rate of disposal method ie;how many cases will be disposed off by a judge.

- But it missed many critical aspects like-

    a) PoNJ ie; Principle of Natural Justice          should be taken into account.

     b) It is also taking hygiene factors but           not the motivational method.

     c) Public Prosecutors should be                     efficient .

      d)IPC & CrPC laws should be                           changed .

Conclusion- Increase of court halls and vacancies is a good idea but it should be even more in number.