There are large and persistent imbalances in the allocation of funds to the Judiciary, resulting in an alarming shortfall in personnel and infrastructure. For example, average budget per pending case across all States was Rs.8,071 per case in FY 2018-19, using pendency figures from July 2018 (this is calculated as the ratio of the budgeted funds for subordinate courts to the number of cases). Values range from as high as Rs.19,891 for Delhi and Rs.18,656 for Jammu and Kashmir, to as low as Rs.3,225 for West Bengal and Rs.4,447 for Odisha.
The failure of budgeting practices to account for the needs of the Judiciary has been acknowledged by numerous authorities, including multiple Chief Justices of the Supreme Court, the Law Commission, and the Thirteenth Finance Commission, which made special grants for the Judiciary in each State to address the shortage of funds. This proved to be unsuccessful, as the funds were severely under-utilised with only 20% of the funds spent, due to shortages in other areas, such as human resources and institutional factors. The Fourteenth Finance Commission did not make any special grants; our analysis of budgeting for the sector in the most recent years shows that some States have increased outlays to meet the operational expenses of the Judiciary, but resource gaps in several areas have persisted.
In order to address this issue, Centre for Budget and Governance Accountability (CBGA), and DAKSH have submitted a Memorandum to the Fifteenth Finance Commission on reforms in the budgeting and resource allocation processes of the Indian Judiciary. CBGA is an independent think tank based in Delhi. It strives to inform public discourses through rigorous analysis of government budgets in India; it also tries to foster people’s participation on a range of policy issues by demystifying them.
The Memorandum includes an analysis of the budgeting and resource allocation imbalances and shortfalls that affect the Judiciary and its performance. It provides details of the human and infrastructural resources required for proposed reforms. The proposed reforms are:
These initiatives would have a compound effect in boosting the performance of the judiciary by making sure that the judiciary receives the resources it needs and is able to utilise them efficiently.
Summary of the MemorandumSummary of the Memorandum