SPVs For Judicial Infrastructure To Not Usurp Government Power: CJI Ramana

A proposal to introduce special purpose vehicles for development of judicial infrastructure is not aimed at usurping the powers of any government, and will include representation from all stakeholders, according to Chief Justice of India NV Ramana.

The SPVs—National Judicial Infrastructure Authority and State Judicial Authority—will be headed by the respective chief justices of the courts and include representatives of the central and state governments, Justice Ramana said at the 11^th conference of Chief Justices and Chief Ministers in Delhi, organised after a gap of six years, on Saturday.

“I want to dispel apprehensions emerging from certain sections on this proposal… It must, however, be acknowledged that it's the judiciary which understands best its own needs and requirements.”

The Chief Justice also highlighted issues such as pendency of cases as well as filling up of judicial vacancies.

Government Litigation Contributing To Pendency

According to Justice Ramana, often litigation is triggered because of two major reasons:

• Non-performance by the various wings of the executive.

• Legislature not realising its full potential.

He cited instances of “avoidable burden” on the judiciary:

• If a Tehsildar acts upon a grievance of a farmer regarding land survey, or a ration card, the farmer would not think of approaching the court.

• If a municipal authority or a gram panchayat discharges its duties properly, the citizens need not look to courts.

• If revenue authorities acquire land through due process of law, the courts would not be burdened by land disputes.

Apparently, these cases account for 66% of the pendency, said Justice Ramana. “It is beyond my understanding as to why intra- and inter-departmental disputes of the government or fights between PSUs and the government end up in courts.”

He also reiterated that views of the public must be solicited and bills are debate threadbare before they become a law. “If the legislature passes a law, with clarity of thought, foresight and with people's welfare in mind, the scope for litigation gets minimised.”

Need To Create And Fill More Posts

According to Chief Justice Ramana, earnest efforts are being made by the judiciary to fill the vacancies.

But he also called for creation of more posts and highlighted that India has around 20 judges per 10 lakh population, which is “alarmingly low”.

“When we last met in 2016, the sanctioned strength of judicial officers in the country was 20,811. Now, it is 24,112, an increase of 16% in six years. In the corresponding period, pendency in district courts has gone up from 2.65 crore to 4.11 crore, an increase of 54.64%. This data shows how inadequate the increase in the sanctioned strength is,” Chief Justice Ramana said.

Another issue he highlighted was to include local languages in proceedings before the high courts.

He said he has been receiving representations on the issue and now the time has come to take it to a logical conclusion. “The practice of law before constitutional courts should be based on one's intelligence and understanding of law, and not mere proficiency in language.”