CENTRE MUST BEAR BULK EXPENDITURE
FOR SUBORDINATE JUDICIARY, SAYS JUSTICE JAGANNADHA RAO
The Chairman, Law
Commission of India, Shri Justice M. Jagannadha Rao has said that
the bulk of the expenditure for the subordinate judiciary must
be borne by the Central Government while the State should bear
only the proportionate burden arising from State statutes. Speaking
at the National Conference on Legal and Judicial Reforms—the Bird’s
Eye View on Balance Sheet and Projections, Shri Justice Rao said
that adequate provisions for the subordinate judiciary must, therefore,
be made by the Union Budget, the Planning Commission and the Finance
Commission. He said this was the view of the National Commission
to Review the Working of the Constitution, headed by Shri Justice
M.N. Venkatachalaiah, as well.
Talking of the
expenditure to be borne for establishing and maintaining for subordinate
judiciary and salaries of judicial and officers in the States,
Shri Justice Rao said that in a paper presented to the Venkatachalaiah
Commission, he referred to the facts that courts established by
the State Governments were having to adjudiciate disputes or decide
about offences created by the Central enactments made by Parliament
both under List-I (Union List) and List III (Concurrent List).
Elucidating his points further, Justice Rao said that in fact,
the Indian Penal Code, the Transfer of Property Act, the Contract
Act, the Code of Criminal Procedure, the Code of Civil Procedure,
matrimonial disputes, wills, intestacy, succession, joint family,
partition, Partnership Act, contracts of carriage, bankruptcy,
insolvency, trusts, evidence, lunacy, forest, adulteration, drugs,
trade union, industrial and labour disputes, social security,
insurance, employment, education, charities, shipping, trade and
commerce, price control, electricity, law of acquisition, recovery
of public demands etc. were all in the Concurrent List and governed
by Central statutes. Besides, every year, Parliament made new
laws which added up to the civil rights and offences being tried
by the subordinate courts established by the States.
Several
speakers including the President of the Bar Association of India
Shri Fali S. Nariman and former Attorney General for India Shri
Ashok Desai stated that the Law Commission’s reports should not
be kept secret or confidential. This was the view of former Chief
Justice of India, Shri Justice A.S. Anand and the senior most
judge of the Supreme Court of India, Shri Justice G.B. Patnaiak
as well.
