Statute panel for financial autonomy to judiciary

By Our Legal Correspondent

NEW DELHI, SEPT. 29. The National Commission to Review the Working of the Constitution has suggested financial autonomy to the judiciary to streamline its administration as well to reduce the pendency of mounting number of cases in courts.

In a consultation paper on financial autonomy of the Indian judiciary, the Commission noted the huge pendency of cases and said such delay and pendency might shake the faith of the people in the judiciary and affect its independence.

The judiciary has to depend upon the executive for necessary planning and finances. In order to uphold the importance of the judiciary and its independence as a separate wing of the democratic set up, it was imperative that the judiciary should be able to plan its own requirements and implement them and this needs enormous finances.

The paper examined the situation prevailing in countries like the United States, Italy and Japan where the judiciary enjoys financial autonomy. It wants adoption of a body similar to the judicial conference of the U.S. and the administrative office with professionally qualified persons to handle judicial administration.

The paper suggests that the Planning Commission and Finance Commission should allocate adequate funds to the judiciary; by incorporating a suitable provision in the Constitution or by appropriate legislation, judicial councils and administrative offices at the national and State level could be set up for proper planning and execution of judicial administration.

The National Judicial Council could prepare the estimates and expenditure required for the judiciary and the budget could be finally settled in consultation with the Union Government and approved by Parliament and a similar procedure could be adopted for the States as well. The Commission has sought responses from the people and various other authorities on this aspect.

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Section  : National
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