The falls from the Governmental side

In India the percentage of increase in number of judges appointed(40% during the period from 1985 to 2003) is much lower compared to the percentage of increase in number of cases (84% during the same period). The Law Commission in its 120th Report (1987) and the Honorable Supreme Court in its 2002 All India Judges Association Case (2002)(4) SCC 247, has directed the Govt. to increase the number of judges and the number of Courts respectively. A few statistics would show that in India the number of judges per million population is near to meagre 13 while in Australia it is 41.6, in Canada its 75.2, England have 50.9 and 107 in USA!! Where these numbers, compared to its meagre 13, must definitely be eye openers to the members at the governmental side, they  have always resorted to the defence that the requirement of Courts and judges is not to be assessed on the basis of population.

In the 2002 case the Court had directed that the number of judges must be increased to 50 per million within a period of five years. However today in 2008, 6 years since the judgment was passed, it has to be reviewed as to how far the words of the Apex Court has been followed and implemented. It has to been seen as to what policy has the Government initiated to implement this directive. 

Further more, when we look into the money allocated to the judiciary by the Planning Commission, it is another meagre 0.071% of the total expenditure. Though in the 1993 judgment of All India Judges Case it has been held that the Court has been included as a subject by the Planning Commission, judiciary has always been blatantly ignored with such poor allocations.  The question that raises our eye brows is as to where is the money from Court-fees going? In the 1992 Case, first among the series of All India Judges Case, the Court had given directions that the Court fees must be made available to the administration of justice. However the question remains unanswered as to whether it is actually used in the administration of justice or is it mixed with  other collection as to tax.  The exact figure as to the amount collected tyhrough the Court fees too has to be made public.