Why in the News?
- The Centre has approved Rs 9000 crore for the development of judicial infrastructure and allied facilities, Law Minister Kiren Rijiju said recently.
- Chief Justice of India NV Ramana thanked the Law Minister for approving Rs 9,000 crore for development of judicial infrastructure even as he said the problem was not about funds but their under-utilisation.
- CJI Ramana has been vocal in pushing the proposal for establishing the National Judicial Infrastructure Corporation (NJIC) to uniformly improve judicial facilities and access to justice.
Where is the problem?
- Of a total of Rs 981.98 crore sanctioned in 2019-20 under the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary to the States and Union Territories for development of infrastructure in the courts, only Rs 84.9 crore was utilised by a combined five States, rendering the remaining 91.36 per cent funds unused.
- In 2020-21, of the Rs 594.36 crore released under the CSS, only Rs 41.28 crore was utilised by a single State — Rajasthan.
- The issue related to fund underutilization is not new, as it has been plaguing the Indian judiciary for nearly three decades when the CSS was introduced in 1993-94.
- The lack of one particular coordinating agency means each year the funds get lapsed. It remains underutilised.
What is the condition of judicial infrastructure in India?
- There are only 17,800 residential units, including 3,988 rented ones, for the judicial officers.
- As much as 26 per cent of the court complexes do not have separate ladies toilets and 16 per cent do not have gents toilets.
- Only 32 per cent of the courtrooms have separate record rooms and only 51 per cent of the court complexes have a library.
- Only 5 per cent of the court complexes have basic medical facilities and, only 51 per cent of the court complexes have a library.
- While the pandemic has forced most of the courts to adopt a hybrid system — physical and videoconferencing mode — of hearing, only 27 per cent of the courtrooms have a computer placed on the judge’s dais with videoconferencing facility.
What will the role of proposed National Judicial Infrastructure Authority of India (NJIAI)?
- The National Judicial Infrastructure Authority of India (NJIAI), recently proposed by the Chief Justice of India NV Ramana, will take control of the budgeting and infrastructure development of subordinate courts in the country.
- Justice Ramana stressed on the need for “financial autonomy of the judiciary” and creation of the NJIAI that will work as a central agency with a degree of autonomy.
- The lack of one particular coordinating agency means each year the funds get lapsed. It remains underutilised.
- The proposed NJIAI could work as a central authority with each State having its own State Judicial Infrastructure Authority, much like the National Legal Services Authority (NALSA) model.
Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary
- A Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary has been in operation since 1993-94.
- The current fund-sharing pattern of the CSS stands at 60:40 (Centre: State) and 90:10 for the eight north-eastern and three Himalayan States. The Union Territories get 100% funding.
- Since the inception of the scheme till 2014, the Central Governmentover 20 years provided only Rs. 3444 croreto the State Governments/Union Territories. In sharp contrast, the present Government during last seven years has sanctioned Rs 5200 croretill date accounting for nearly 60% of the sanction made so far.
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