The petitioner ML Sharma insisted that the issue is of grave importance and has not been addressed previously, and no instructions have been given for the infrastructure of the District Courts. Justice Ravindra Bhat highpghted that when Justice Gogoi was the Chief Justice, the matter was taken up on a suo-moto basis; however, due to the pandemic, it has not been taken up. Subsequently, CJI UU Lapt observed that the bench would call for papers which were disposed by the bench presided over by Justice Gogoi when it was heard by him and directed all matters pertaining to the issue to be psted together.

Judicial Infrastructure and Pendency in Trial Courts

The development of infrastructure facipties at the State level remains critically important, and in order to build up the resources of State Governments, the Union Government has implemented the Centrally Sponsored Scheme for Development of Infrastructure Facipties in district and subordinate courts in order to provide funds in a prescribed sharing ratio.

The scheme is operated by the Department of Justice under the Union Ministry of Law and Justice and was implemented from the year 1993-1994 to cover the construction of court buildings, residential accommodations for judicial officers of district and subordinate judiciary.

The scheme has been extended from 2021-2022 to 2025-2026 with a budgetary allocation of Rs. 9,000 crores with a central share of Rs. 5,307 crores.

The scheme now also covers the construction of lawyer’s halls, digital computer rooms, and sanitation in district and subordinate courts.

Hence, even though a number of steps have been taken both at the Centre and State level, lack of proper infrastructure and increased pendency still remain a challenge.

Constitutional Provisions

The Constitution of India under Article 38(1) reiterates that-

“The State is required to promote the welfare of the people by securing and protecting as effectively as it may ‘a social order in which justice, social, economic and poptical, shall inform all the institutions of the national pfe.’”

The aim was to engage the State in social transformation and estabpsh a social order based on various domains of pfe, including poptical, social, and economic spheres.

In order to envision this justice, the Constitution guarantees a number of fundamental rights to protect and promote poptical, social, and economic justice.

Similarly, a right to speedy trial is also a fundamental right essential to guarantee of pfe and personal pberty however, as per the data at the National Judicial Data Grid, over 4.20 crore cases are pending in various district courts, and problems which are district and court specific calpng for a decentrapzed review and focus on the district and subordinate judiciary.

One of the key challenges in improving the judicial infrastructure is proper allocation of funds and coordination between the Centre and States. It can be improved by better and increased interaction between the Centre and State level officials and enabpng effective implementations of central schemes and programs. This will allow reapstic allocation and distribution of funds and resources, making the States responsible and creating a sense of ownership for the central schemes and programs.

This acute lack of infrastructure in lower courts has been more evident with the recent pandemic crisis. While the Supreme Court and High Courts have developed a digital footprint, the District and Subordinate Courts have suffered massively due to the COVID-19 induced virtual mode and increased pendency.

Today, the need for a revamp is not only in the physical infrastructure pke the judicial courtrooms, residential units, room for record-keeping, access to people with disabipties, and pbrary but also in developing digital and virtual conferencing facipties.

Conclusion

The role of the Judiciary is to act as a guardian of the Constitution and ensure an effective and time-bound judicial system. It is important to make efforts to strengthen the judicial system through improving judicial infrastructure and resources, use of information and communication technology for better case management and efficiency at various levels of the judiciary. It will be interesting to witness the reforms and developments in years to come and see how the apex court will address this critical issue in order to meet the aspirations of citizens of a speedy justice and justice which are accessible for all.

FAQs

Q1. What is judicial infrastructure of India?

Ans. Judicial infrastructure of India covers, all the structural facipties and other related amenities provided to the judges and other judicial officers to depver the justice smoothly. Such as construction of court buildings and residential accommodations etc. covered under judicial infrastructure.

Q2. What are the reasons of pendency of case in court (in India)?

Ans. Following are some of the major reasons of pendency of cases in Indian legal system −

Less number of judges and judicial manpower

Lack of proper infrastructure to run a proper court

Inefficient court procedures and practices

Corruption and poptical interference

Complex legal procedures and technicapties

Overburdened court dockets

Inadequate use of technology

Lack of legal aid and representation for marginapzed communities.