By IANS
New Delhi : Chief Justice of India K.G. Balakrishnan Monday blamed the executive for the judiciary’s heavy workload, saying the government was not only the largest litigant but did little to fill up vacancies in lower courts.
Blaming various governments for providing a shoe-string budget to the judiciary, he said the courts will not only be able to eliminate the entire backlog of over 25 million cases at their lowest rung, but also be able to provide timely justice if the government appoints 10,000 more judges in the lower judiciary.
“It is to be remembered that substantial part of litigation is generated by governmental agencies only and the government is the largest litigant taking judicial time and attention,” said Chief Justice Balakrishnan.
He was delivering the Law Day address at a function in the apex court premises in the presence of Union Law Minister H.R. Bhardwaj and Minister of State for Law K. Venkatapathy.
“If the government appoints 10,000 more judges at lower courts and increases the number of high court judges, the judiciary will not only clear the arrears but also render timely justice,” he said.
Commenting on budgets for the judiciary, the chief justice said, “Every state, perhaps except Delhi, is providing less than one percent of its annual budget for the judiciary.
“During the entire 10th Plan, the centre has allocated only Rs.7 billion to the judiciary, which is 0.078 percent of the Plan outlay.
“Is administration of justice not an essential part of the planned development deserving priority attention of the state governments and the Planning Commission?” Balakrishnan asked.
“Is society extending the minimum facilities to the victims and witnesses who assist judicial proceedings and who deserve to be better rewarded for their services?”
Rebuking the government, the chief justice said, “The Supreme Court in early 2002 directed the government to increase the number of lower court judges to five times over a period of five years.
“But the state governments have not yet acted on it and are keeping the number of judges by and large the same for too long despite mounting arrears and consequent delays,” he added.
Balakrishnan sought to dispel the impression that the judiciary’s working speed was slow, saying, “The 21 high courts have increased their annual disposal rate from 980,000 cases per year in 1999 to 1.4 million cases in 2006 without a commensurate increase in the number of judges.
“This is almost 50 percent higher productivity,” the chief justice added.
“The problem of increase in arrears during the period arose because of institution of fresh cases which increased from 1.1 million in 1999 to 1.6 million in 2006,” he added.
“This has resulted in increased pendency of 3.65 millions cases in 2006 as against 2.75 million in 1999.
“If only these facts are appreciated, no one can blame the judiciary for higher pendency and arrears,” Balakrishnan said.