No justification for Gujarat government to keep judicial infrastructure proposals pending for 8 years: Supreme Court

The Supreme Court on Thursday took exception to the Gujarat government keeping infrastructure proposals related to the district judiciary pending for eight years [Malik Mazhar v. Uttar Pradesh Public Service Commission and ors]..A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala in its order today directed that vacancies in the State's district judiciary, totalling to around one-third of the sanctioned strength, be filled by March this year.Noting that out of the 75 proposals regarding infrastructure in Gujarat were pending, of which 40 are slated to be cleared alongside the annual budget, the top court stated,"There is no justification for proposals to be kept pending by Gujarat for 8 years. Proper coordination with the High Court and the State would have ensured proposals are cleared. We direct that [the] 40 [proposals] to be cleared at earliest. Regarding others, resolutions to be monitored by the Law Secretary and the Registrar General of the High Court.".The Court was hearing petitions related to filling up of vacancies in district courts across the country, and creating infrastructure for the lower judiciary.Senior Advocate Vijay Hansaria, who is one the Amici Curiae in the matter, had submitted a report on Tuesday stating that the stand of the Central government that the primary responsibility of development of judicial infrastructure rested with the states, was flawed.He pointed out that after the 42nd Constitutional Amendment, the subject Administration of Justice; constitution and organisation of Courts, except Supreme Court and High Courts, being entry 11A of List III of the Seventh Schedule, falls under the Concurrent List."...it is the joint and concurrent responsibility of both the Centre and the States to contribute funds for constitution and organisation of all Courts, which includes infrastructure for the Judiciary. 3. It is further submitted that the amount of ₹1061 crores (Central share ₹700 crores) for the entire FY 2023-24 is too meagre, even in comparison with the funds released for infrastructure of District judiciary under Centrally Sponsored Scheme in the earlier years," the Amicus' seventh report in the case reads.Further, the fact that most states do not have specific sectoral schemes in this regard was also highlighted..In today's hearing, Amicus and Senior Advocate KV Viswanathan and Advocate Raghunath shared a note regarding vacancies and appointments in Gujarat.The bench ordered that the timelines specified in the note relating to district judges be 'scrupulously' observed, and a compliance affidavit be filed by April 20 this year. The note that stated:52 vacancies in direct recruitment for district judges (25%) will be notified on March 31 9 vacancies out of 24 for district judges through exam by March 15. Process of recruitment of judges by promotion (65%) to be completed by March 15 and remaining vacancies to be notified on March 31Recruitment of civil judge senior division to complete by February 20All pending cases regarding residential units of judges and staff in Gujarat were directed to be processed by March 31 this year. Further, the Central government was directed to release ₹6.22 crore by the end of this financial year, pending to be transferred to the State for improving judicial infrastructure..[Read order]