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Judges seek financial autonomy

A high-level conclave of supreme court and high court judges is insisting on financial autonomy for the judiciary

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NEW DELHI: A high-level conclave of supreme court and high court judges is insisting on financial autonomy for the judiciary to ensure that administration of justice moves expeditiously to resolve the mind boggling 2.5 crore cases pending in courts across the country. The allocation for judiciary is at present a meagre 0.2% of the GDP.

The annual chief justices’ conference to be held on Saturday, which will be attended by the chief ministers and law ministers, also said that the government being the biggest litigant must set up additional courts to deal with disputes involving the laws enacted by the parliament.

“Several statutes like Indian Penal Code, Code of Civil Procedure, Code of Criminal Procedure, Transfer of Property Act, Contract Act, Sale of Goods Act, Negotiable Instruments Act etc., which contribute to more than 60% of the litigation in trial courts are central enactments and these laws are administered by the courts established by the state governments,” argues the resolution which is unanimously supported by the judges.

Article 247 of the constitution enables the Union government to establish additional courts for better administration of laws made by parliament or of any existing law, the resolution says. This Article is specially intended to establish courts to enable parliamentary laws to be adjudicated upon by subordinate courts but has not been resorted to so far.

As many as 3,393 posts of judicial officers were vacant in subordinate courts as on December 31 last year. “Sincere attempts should be made to fill up these vacancies at the earliest possible,” the resolution adds.

Prime minister Manmohan Singh will also address the conference on Saturday. Sources feel the PM may concede to certain long-standing demands of the judiciary, such as additional allocation of funds and better infrastructure for the dispensing system.

In the Ninth Plan (1997-2000), the centre released Rs385 crores for priority demands of the judiciary which was 0.071% of the total expenditure. During the Tenth Plan (2002-2007), the allocation was Rs700 crores, 0.078% of the total outlay. In terms of GNP, the expenditure on judiciary in Singapore is 1.2%, 1.4% in USA and 4.3% in England.`
b_rakesh@dnaindia.net
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