SC seeks details from states about funds made available & disbursed by them for judiciary

The Supreme Court Tuesday asked the states to apprise it about the funds, which have been made available to them under the centrally-sponsored scheme, and the amount disbursed by them for the state and district judiciary. 

The apex court asked the law secretary to the state governments to file affidavits giving details, including the amount that remains to be provided to the state and district judiciary and which were diverted for other projects.

A bench of Justices DY Chandrachud and Surya Kant said this exercise be completed within four weeks by the law secretaries.

"At the present, what we will do is, let the high courts, as well as the states, respond to this and we will also ask the states to make a disclosure of how much money the states actually spent, which they receive from the centrally sponsored scheme, for the judiciary in the last five years," the bench orally observed.

The apex court was dealing with a matter about the report of the National Court Management System Committee (NCMSC).

The bench also asked the registrar generals of all the high courts to respond to a note, submitted by the Additional Solicitor General (ASG) K M Nataraj who is representing the Centre, concerning the position of infrastructure and strength of judicial officers.

"The law secretaries to the state governments shall also submit their responses on affidavit specifically clarifying the extent of funds which have been made available to the state under centrally sponsored schemes; the amount which is actually been disbursed by the state governments for the state and district judiciary, said the bench, which posted the matter for hearing in the first week of September.

The apex court said that copy of the note submitted by the ASG be circulated to the registrar general of all the high courts as well as to the law secretary of the states.

During the hearing, Nataraj referred to the note which dealt with several aspects and statistics, including on delay in filling up vacancies in the district and subordinate courts and the availability of infrastructure.

Referring to the note, the ASG said that infrastructure is available but it is not properly utilised.

He said another issue is that nearly, 2,000 judicial officers are posted for non-judicial works and this is one of the concerns which needs to be addressed.

On the issue of infrastructure, the bench observed that some of the states have the infrastructure, but there are states where even basic amenities are not available for litigants also.

"We need to take it state-wise then only we can reach a better conclusion," the top court said.

The bench said it would also ask the state governments to apprise the court of how much budget, which has been made available under the centrally-sponsored scheme,has been utilised in the last five financial years by the states for the judiciary and the creation of infrastructure. 

In December last year, the top court had asked the Centre not to leave the high courts at state governments' mercy for funding judicial infrastructure and to develop a centralised mechanism where the money goes directly to them as per needs and requisitions.

It was deliberating upon the recommendations of Justice (retd) A K Sikri made in his report on the National Court Management System