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Consensus eludes CJs on All-India Judicial Service
R Sedhuraman
Legal Correspondent

New Delhi, August 18
The Chief Justices’ Conference 2009 has come out with a 21-point resolution, demanding the continuance of fast-track courts beyond March 2010 and setting up of the proposed 5,000 fast Gram Nyayalayas without insisting on matching grants from the states.

The August 14-15 conference, however, failed to arrive at a consensus on two proposals. One related to increasing the ratio of appointments to high courts from amongst judicial officers to 50 per cent of the judges’ strength, from the present one-third. The other was for formation of an All-India Judicial Service. The resolutions pertaining to both the proposals merely said: “Discussed.”

The meet accepted the proposal of Patna High Court Chief Justice for increasing the number of working days from 210 days to 220 days. “The Chief Justices of High Courts will explore the possibility of increasing the number of working days from 210 days to 220 days or increase the number of working hours by 30 minutes a day,” the resolution said.

On clearing the backlog of 30 million pending cases, the conference asked the HCs to “arrest arrears” of cases by ensuring speedy trial within a “reasonable period of time.” This could be achieved by conducting a scientific and rational analysis of the accumulation of arrears and preparing a roadmap for themselves and the subordinate judiciary.

Prime Minister Manmohan Singh, while addressing the joint conference of Chief Ministers and Chief Justices on August 16, had asked the judiciary to wage a war on pending cases and declare itself to be arrear-free in the interest of litigants.

The HCs could finalise the roadmap by taking into account the number of pending cases and the rate at which cases were being filed by the litigants and disposed of by courts, the conference, chaired by Chief Justice of India KG Balakrishnan, said in the 15-page resolution.

The resolution, made available today, reiterated the demand made last year for the setting up at least one family court in each district and additional family courts wherever necessary.

The judges also decided to include the Home Secretary in the committee for implementation of the resolutions as “he looks after the affairs of the HCs for the purpose of allocation of funds and other allied matters.”

The meet asked the HCs to take the assistance of experts for assessing the funds required for augmenting the infrastructure of subordinate courts, particularly ensuring a steady supply of electricity during working hours. State governments should be impressed upon the need for avoiding power cuts and for installation of power back-up facilities in rural areas.

The states would also be approached for the setting up of morning and evening courts of the subordinate judiciary. Another important resolution pertained to granting financial autonomy to the HCs, especially in regard to utilisation of funds for buildings, power backup, computerisation and residential quarters. The meet stressed the need for holding courts in jails by magistrates and increasing the strength of HC judges and of subordinate courts.

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Action plan

Working days for high courts up from 210 days to 220 days

HCs to prepare roadmaps for clearing backlog

Uninterrupted power supply demanded for lower courts

Set up morning/evening courts

Exempt states from financial burden of Gram Nyayalayas

Grant financial autonomy to HCs

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