Lack of judicial infra: SC seeks details from states on funds made available by Centre, disbursed by them

Concerned over lack of adequate judicial infrastructure in the country, the Supreme Court Tuesday sought details from states about the funds made available to them under centrally sponsored schemes and the amount they have disbursed for the judiciary in the last five years.

The apex court asked state law secretaries to file affidavits giving details, including about the amount of money which remains to be provided to the state and district judiciary or was diverted for other projects.

A bench of Justices D Y Chandrachud and Surya Kant asked the law secretaries to complete the exercise within four weeks and place the affidavit on record.

“The Law Secretaries to the state governments shall also submit their responses on affidavit specifically clarifying for the financial years 2017-18 to 2021-22: the extent of funds which have been made available to the state under centrally sponsored schemes; the amount which has been disbursed by the State government for the state and district judiciary; the amount which remains to be provided to the state and district judiciary or was diverted for other projects; and details of the utilization certificates,” the bench said in its order.

The top court is dealing with a matter pertaining to the judiciary where various aspects including judicial infrastructure and vacancies are being deliberated upon.

Earlier, a copy of the report of the National Court Management System Committee (NCMSC) was placed before the apex court.

While hearing the matter in December last year, the top court had asked the Centre not to leave the high courts at the mercy of state governments for funding judicial infrastructure and to develop a centralised mechanism where the money goes directly to them as per their needs.

During the hearing on Tuesday, the apex court observed, “At present, what we will do is, let the high courts as well as the states respond to this....and we will also ask the states to make a disclosure of how much money, which they have received from the centrally sponsored schemes, they have actually spent in the last five years.'' The bench noted that Additional Solicitor General (ASG) K M Nataraj, representing the Centre, has submitted a note on various relevant aspects.

It directed that a copy of the note be circulated to the registrars general of all the high courts as well as to the Law Secretaries to all the state governments.

“Since the note contains specific statements in relation to the position of infrastructure and availability of judicial officers in the States/Union Territories, we direct the registrars general to respond to the note which has been submitted by the Additional Solicitor General insofar as it pertains to the infrastructure and strength of Judges in each of the respective States or, as the case may be, the Union Territories,” the bench said.

It said this exercise shall be completed by the registrars general within four weeks from the date of receipt of the note.

The bench posted the matter for hearing on September 6.

During the hearing, Nataraj referred to the note which dealt with several aspects, including the delay in filling up vacancies in the district and subordinate courts, and the availability of infrastructure.

In the note, the ASG said even where infrastructure is available it is not properly utilised.

He also said nearly 2,000 judicial officers are posted for non-judicial works, a concern which needs to be addressed.

On its part, the bench noted while some states have the infrastructure, in others even basic amenities are not available for litigants.

''We need to take it state-wise then only we can reach a better conclusion,'' the top court said.