Judicial Infrastructure, a neglected case

What is the News?

The Chief Justice of India has proposed the creation of a National Judicial Infrastructure Authority of India (NJIAI) to address neglected judicial infrastructure in the country.

What is the state of judicial infrastructure in India?

Firstly, 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.

Secondly, around 26% of the court complexes do not have separate ladies’ toilets and 16% do not have gents’ toilets. 

Thirdly, only 32% of the courtrooms have separate record rooms and only 51% of the court complexes have a library.

Fourthly, only 5% of the court complexes have basic medical facilities and only 51% of the court complexes have a library.

Fifthly, only 27% of the courtrooms have a computer placed on the judge’s dais with a video conferencing facility.

What is the scheme for judicial infrastructure?

The government of India has been implementing a Centrally Sponsored Scheme (CSS) for the Development of Infrastructure Facilities for Judiciary since 1993-94.

The current fund-sharing pattern of the scheme stands at 60:40 (Centre: State) and 90:10 for the eight northeastern and three Himalayan States. The Union Territories get 100% funding.

However, the funds allocated under this scheme are severely underutilized, since it was introduced. For example, five states in 2019-20 did not utilize 90% of the funds allocated.

What is the solution suggested by the CJI?

The Chief Justice of India has proposed the creation of the National Judicial Infrastructure Authority of India (NJIAI).

Purpose: It will take control of the budgeting and infrastructure development of subordinate courts in the country.

The NJIAI could work as a central agency, with each state having its own State Judicial Infrastructure Authority.

The Chief Justice of India could be the patron-in-chief of the NJIAI 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 would be placed under the Supreme Court of India.

Source: This post is based on the article “Judicial Infrastructure, a neglected case” published in The Hindu on 6th December 2021.