Don’t leave high courts at state govts’ mercy: SC to Centre
NEW DELHI: The Supreme Court Wednesday asked the Centre not to leave high courts at state governments' mercy for funding of judicial infrastructure and to develop a centralised mechanism where money goes directly to them as per needs and requisitions.
The apex court also said that at times judiciary is unable to utilise all funds allocated to it, and commented in the lighter vein, "We can say judges are misers. They don't know how to spend..."
The top court underlined further that at the time when the government is talking about ease of doing business, speedy disposal of corporate cases, settlement of disputes through arbitration and inviting foreign direct investment, it is imperative that the Centre has a centralised mechanism for development of the infrastructure and allocation of funds.
It appreciated the Centre's efforts of taking into its hand the computerisation of judiciary, as funds have not been a problem, 17,000 courts have been computerised and judicial officers have been given laptops to ensure seamless connectivity.
It said the Centre can contemplate creating an umbrella body which will look at creation of judicial infrastructure as required.
A bench of Justices D Y Chandrachud, Surya Kant and Vikram Nath batted for creation of specific cadre for tribunals and said that the Centre can contemplate creating an All
India Tribunal Service for effective administration of tribunals.
The bench said: We have found that infrastructure work gets completed fast when funds are allocated by the Centre. We appreciate the efforts of the Central government for speedy allocation of funds for creation of court infrastructure.
"We recently held a meeting of Chief Justices of different High Courts and all of them said one thing that they don't know when the funds will be allocated by the State government. So, don't leave the High Courts at the mercy of state governments for funds. You must create a centralised mechanism for development of judicial infrastructure.
The top court was deliberating upon the recommendation of Justice (retd) A K Sikri made in his report on the National Court Management System.
The bench said: You see, we have inherited our judicial infrastructure from the British. Till the 1970s and 80's the approach was to increase the strength of the judiciary by creating new vacancies and filling them.
"Now after that period, the approach of the judiciary and government has also changed. Now, at the time when the government is talking about ease of business, speedy disposal of corporate cases, settlement of disputes through arbitration and mediation and inviting foreign direct investment, it also understands the need for creation of additional infrastructure.”