The Chief Justice of India recently proposed the establishment of a National Judicial Infrastructure Authority of India (NJIAI). This new central agency would oversee state-specific Judicial Infrastructure Authorities, mirroring the structure of the National Legal Services Authority (NALSA) model. NALSA was established to provide free and competent legal services to vulnerable sections of society through a nationwide uniform network.
NJIAI: Structure and Function
The NJIAI would be responsible for managing both the budget and infrastructure development of subordinate courts across India. Unlike NALSA, which is serviced by the Ministry of Law and Justice, the NJIAI would operate under the auspices of the Supreme Court of India. Although the NJIAI would not propose any significant policy changes, it would afford High Courts the autonomy to develop projects for strengthening ground-level courts.
The NJIAI member composition could include High Court judges and central government officials to ensure transparency in fund utilization. Similarly, the State Judicial Infrastructure Authority could comprise the Chief Justice of the respective High Court, a nominated judge, four to five district court judges, and state government officials.
The Need for NJIAI
The NJIAI is essential due to three major concerns facing the Indian judiciary: ineffective fund management, an increasing number of litigations, and the need for greater autonomy.
Of the Rs. 981.98 crore sanctioned in 2019-20 for court infrastructure development across states and Union Territories, a scant Rs. 84.9 crore was used by only five states, leaving 91.36% of the funding unused. This highlights the need for improved funds management.
Additionally, the Indian judiciary’s infrastructure has failed to keep pace with the rapidly increasing number of litigations filed each year. The sanctioned strength of judicial officers sits at 24,280, while there are only 20,143 available court halls, including 620 rented spaces.
Lastly, the judiciary’s infrastructure improvement and maintenance have been conducted in an ad-hoc and unplanned manner, emphasizing the need for financial autonomy and the creation of the NJIAI.
Challenges with Judicial Infrastructure Development
One significant roadblock in developing judicial infrastructure is the lack of funds. The Centrally-Sponsored Scheme for Development of Judiciary Infrastructure allocates funding from both the central government and the states. However, states often withhold their share of the funding, resulting in unspent and eventually lapsed funds.
In some instances, states have even diverted these funds for non-judicial purposes. Furthermore, there seems to be a reluctance within the judiciary itself, especially among trial courts, to take responsibility for executing infrastructure projects.
Issues in India’s Judiciary
India’s judge-to-population ratio is markedly low compared to other countries. Where other nations have 50-70 judges per million people, India has only 20 judges for the same population. Additionally, while court proceedings have started to move online due to the pandemic, the role of technology in the judiciary remains minimal.
Judicial vacancies are not filled promptly, and the process of judicial appointment is delayed due to late recommendations from the collegium for higher judiciary. Even recruitment for lower judiciary roles by state commissions and high courts is slow. Courts frequently grant adjournments, leading to unnecessary delays in justice delivery.
Way Forward
To achieve a different outcome from the judicial system, changes need to be made. Institutionalizing mechanisms for augmenting and creating state-of-the-art judicial infrastructure is the best way to improve the situation, particularly as India celebrates its 75th year of independence.
The Centrally-Sponsored Scheme for the Development of Judiciary Infrastructure will simultaneously increase the availability of suitable court halls and residential accommodations for Judges and Judicial officers across the country. A significant step towards realizing India’s Digital India vision would be setting up digital computer rooms to enhance digital capabilities and propel digitization efforts.
Last Modified: February 14, 2024