The Hindu : Karnataka / Bangalore News : Poor budgetary support for judiciary: Moily

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Thursday, Aug 27, 2009
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Poor budgetary support for judiciary: Moily

Special Correspondent

Union Minister promises judicial reforms in the next five years

Investment in judiciary is a priority: Moily
‘Work in courts will suffer, cases will remain pending owing to lack of manpower’

M. Veerappa Moily

BANGALORE: Union Minister for Law and Justice M. Veerappa Moily has bemoaned the poor financial support of the Government for the judiciary.

Speaking at the inauguration of an Alternative Dispute Resolution Cell set up by the Federation of Karnataka Chambers of Commerce and Industry (FKCCI) here on Wednesday, Mr. Moily said the judiciary had been given the least priority for budgetary allocation.

“The judiciary received some funds during the 10th Five-Year Plan, but nothing during the 11th Five-Year Plan,” he said.

Mr. Moily called upon the State governments to approach the Planning Commission with representations for making sufficient budgetary allocations for improving infrastructure and increasing manpower in the judiciary.

He felt that there was a dire need for investment in the judiciary, which needs to be expanded and strengthened, in view of the rising number of cases pending before courts. “A responsible democracy cannot neglect the judiciary. It is the judiciary that makes democracy a success,” Mr. Moily said.

No improvement

Endorsing Mr. Moily’s views, Governor H.R. Bhardwaj, who is also a former Union Law Minister, said the country had not made a meaningful investment in the judiciary after the British had established the courts.

He attributed the rising number of pending cases before various courts in the country to the Government’s failure to make investment to improve the infrastructure and manpower in courts. “When no investment is made to improve the infrastructure in courts and increase the manpower, work in the courts will naturally suffer and the cases will remain pending,” he said.

Mr. Bhardwaj regretted that he did not receive cooperation from the legal fraternity to the judicial reforms he had tried to bring in during his stint as Law Minister. “But, providing justice is the first priority of the State,” Mr. Bhardwaj said.

Mr. Moily said he would shortly be convening a national consultation to draw a roadmap for judicial reforms in the country. “The next five years will be known as the era of judicial reforms in the country,” he said.

High fees

He regretted that arbitration procedure was suffering in the country in view of the high fees charged for it. “A committee will be appointed to ascertain why arbitration charges are so high and why they take time to complete the procedure. I also plan to amend the Arbitration and Conciliation Act to make the arbitration process less cumbersome. India should emerge as an arbitration hub like Paris or Singapore,” he said.

ADR cell

Earlier, State Minister for Law and Parliamentary Affairs Suresh Kumar said Alternative Dispute Resolution (ADR) had come to stay in the country with many States experimenting with various ADR mechanisms due to the prolonged and time-consuming nature of proceedings in the courts that are overburdened with cases.

FKCCI President J. Crasta said the ADR cell, set up in Bangalore, provides for out of court settlement of issues between parties to the dispute. “The ADR cell is envisaged to facilitate faster and amicable settlement of disputes between parties with their mutual acceptance,” he said.

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