Of a total of ₹981.98 crore sanctioned in 2019-20 under the Centrally Sponsored Scheme (CSS) to the States and Union Territories for development of infrastructure in the courts, only ₹84.9 crore was utilised by a combined five States, rendering the remaining 91.36% funds unused.
This underutilisation of funds is not an anomaly induced by the COVID-19 pandemic. The issue has been plaguing the Indian judiciary for nearly three decades when the CSS was introduced in 1993-94.
This is one of the reasons why the Chief Justice of India, N.V. Ramana, recently proposed creation of a National Judicial Infrastructure Authority of India (NJIAI), which will take control of the budgeting and infrastructure development of subordinate courts in the country.
“Good judicial infrastructure for courts in India has always been an afterthought. It is because of this mindset that courts in India still operate from dilapidated structures making it difficult to effectively perform their function,” Chief Justice Ramana said on October 23 while inaugurating an extension wing building of the Bombay High Court Bench at Aurangabad.
State of infrastructure
The Indian judiciary’s infrastructure has not kept pace with the sheer number of litigations instituted every year. A point cemented by the fact that the total sanctioned strength of judicial officers in the country is 24,280, but the number of court halls available is just 20,143, including 620 rented halls.
Also, there are only 17,800 residential units, including 3,988 rented ones, for the judicial officers.
As much as 26% of the court complexes do not have separate ladies toilets and 16% do not have gents toilets. Only 32% of the courtrooms have separate record rooms and only 51% of the court complexes have a library.
Only 5% of the court complexes have basic medical facilities and, only 51% of the court complexes have a library. While the pandemic has forced most of the courts to adopt a hybrid system — physical and videoconferencing mode — of hearing, only 27% of the courtrooms have a computer placed on the judge’s dais with videoconferencing facility.
Greater autonomy
Chief Justice Ramana, in his speech at the event, highlighted that the improvement and maintenance of judicial infrastructure is still being carried out in an ad-hoc and unplanned manner. He stressed on the need for “financial autonomy of the judiciary” and creation of the NJIAI that will work as a central agency with a degree of autonomy.
Explaining the requirement for a greater autonomy for the NJIAI, a source familiar with the development in the Supreme Court, said, “The lack of one particular coordinating agency means each year the funds get lapsed. It remains underutilised.”
This claim is supported by the fact that in 2020-21, of the ₹594.36 crore released under the CSS, only ₹41.28 crore was utilised by a single State — Rajasthan.
The data released by the Department of Justice further revealed that in 2018-19, of the ₹650 crore released by the Centre under the CSS, the utilisation certificate was submitted by 11 States for a total of ₹225 crore.
The current fund-sharing pattern of the CSS stands at 60:40 (Centre:State) and 90:10 for the eight north-eastern and three Himalayan States. The Union Territories get 100% funding.
“If the scheme (NJIAI) is placed under the Government, it will be much like the current scheme of thing. Nobody will bother. There has to be a special purpose vehicle driven by a sense of belongingness and passion, with a degree of authority. That authority has to come from the Supreme Court,” the source said.
NALSA model
The proposed NJIAI could work as a central agency with each State having its own State Judicial Infrastructure Authority, much like the National Legal Services Authority (NALSA) model.
It has also been suggested that the Chief Justice of India could be the patron-in-chief of the NJIAI, like in NALSA, and one of the Supreme Court judges nominated by the Chief Justice could be the executive chairman.
But, unlike NALSA which is serviced by the Ministry of Law and Justice, the proposed NJIAI should be placed under the Supreme Court of India, the source said.
“In the NJIAI there could be a few High Court judges as members, and some Central Government officials because the Centre must also know where the funds are being utilised,” the source said.
Similarly, in the State Judicial Infrastructure Authority, he said, in addition to the Chief Justice of the respective High Court and a nominated judge, four to five district court judges and State Government officials could be members.
“The Chief Justice is mindful of the fact that the High Courts are independent of the Supreme Court. The only time when the Supreme Court comes in the picture is the appointment of judges of the High Courts,” he said.
Proposal sent to Govt.
Chief Justice Ramana said that he had sent the proposal for the establishment of the NJIAI to the Ministry of Law and Justice, and was “hoping for a positive response soon”. He has also urged Minister of Law and Justice Kiren Rijiju to expedite the process and ensure that the proposal to create the NJIAI with statutory backing is taken up in the winter session of Parliament.
“Institutionalising the mechanism for augmenting and creating state-of-the-art judicial infrastructure is the best gift that we can think of giving to our people and our country in this 75th year of our Independence,” Chief Justice Ramana said.
