Govt biggest litigant: CJI tells PM, CMs
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New Delhi, April 30: In the presence of Prime Minister Narendra Modi and Chief Ministers of states, Chief Justice of India NV Ramana on Saturday said it is the government which is the biggest litigant accounting for nearly 50 per cent of the cases. Addressing the Joint Conference of Chief Ministers and Chief Justices of High Courts at Vigyan Bhawan here, Justice Ramana said: “If service laws are applied fairly in matters of seniority, pension and so on, no employee will be compelled to go to courts. It is a well acknowledged fact that the governments are the biggest litigants accounting for nearly 50 per cent of the cases.” The CJI said that if various government departments function in accordance with the law the courts would not be burdened. “If revenue authorities acquire land through due process of law, the courts would not be burdened by land disputes. Apparently, these cases account for 66 per cent of the pendency. It is beyond my understanding as to why intra and inter departmental disputes of the Government or fights between PSUs and the government end up in courts,” the CJI said. Ramana said that if police investigations are fair, if illegal arrests and custodial torture come to an end, then no victim will have to approach the courts. CJI said that opinions of legal departments are not sought in the rush to implement executive decisions. Abiding by law and the constitution is the key to good governance. However, this is often ignored, he added. “The decisions of courts are not implemented by Governments for years together. The resultant contempt petitions are a new category of burden on the Courts, which is a direct result of the defiance by the Governments,” he said. The CJI said that “deliberate inactions by the Governments, despite judicial pronouncements, are not good for the health of democracy”. He stated that the judiciary is also confronted with the issue of the executive willingly transferring the burden of decision making to it. “Although policy making is not our domain, but, if a citizen comes to the court with a prayer to address his grievance, the courts cannot say no,” the CJI said. Ramana said that when he expressed concern about the passing of laws without much legislative scrutiny on the 15th of August last year, he was misunderstood. “The legislature is expected to solicit the views of the public and debate the bills, clause by clause, threadbare, before enacting a law,” he said. The CJI said that he has the highest regard for the legislature and the elected representatives. “I value the role played by each of them in our democracy, right from a ward member to a Member of Parliament. I was merely pointing towards certain deficiencies,” he stressed. The CJI said that a keen look at the websites of the courts will give an idea about the huge workload on judges. The number of cases filed and disposed on each day is unimaginable, he said. “The rising number of frivolous litigations is an area of concern. No doubt, PIL has served a lot of public interest. However, it is sometimes being misused to stall projects or pressurise public authorities. These days, PIL has become a tool for those who want to settle political scores or corporate rivalry,” the CJI said. He added that the courts are now highly cautious in entertaining the PILs “realising the potential for misuse.” The CJI urged the CMs to extend wholehearted co-operation to the Chief Justices in their endeavor to strengthen the district judiciary adding that “there is a severe gap between the existing infrastructure and the projected justice needs of the people.” “When we last met in 2016, the sanctioned strength of judicial officers in the country was 20,811. Now, it is 24,112, which is an increase of 16 per cent in 6 years. On the other hand, in the corresponding period, pendency in district courts has gone up from 2 crore 65 lakhs to 4 crore 11 lakhs, which is an increase of 54.64 per cent. This data shows how inadequate the increase in the sanctioned strength is,” the CJI said. He said that as per sanctioned strength, India has just around 20 judges per 10 lakh population and called it “alarmingly low.” Ramana said that the time has come to revisit the demand in introducing local languages in proceedings before the High Courts. “I am receiving many representations for introducing local languages in proceedings before the High Courts. I think the time has come now, to revisit the demand and take it to logical conclusion. The practice of law before Constitutional Courts should be based on one’s intelligence and understanding of law, and not mere proficiency in language,” he said. Talking about the delicate balance between three pillars of democracy, the CJI said that it is the harmonious and co-ordinated functioning among the three organs of the State that has preserved and strengthened the democratic foundations of the great nation over the last seven decades. “While discharging our duties, we all must be mindful of the Lakshman Rekha. The judiciary would never come in the way of governance, if it is in accordance with law. We share your anxiety and concern regarding the welfare of the people,” he said. The Joint Conference is an occasion for the executive and the judiciary to come together to create frameworks for simple and convenient delivery of justice and to discuss steps required to overcome the challenges facing the justice system. UNI
