PM cautions against judicial 'overreach'

Apr 8, 2007, 16:12 GMT

New Delhi, April 8 (IANS) Prime Minister Manmohan Singh Sunday cautioned the judiciary against 'overreaching' itself while also stressing the need for better understanding between it and the two other wings of the state - the legislature and the executive.

In his inaugural address to a conference of chief ministers and chief justices of high courts here, the prime minister expressed concern over mounting backlog of court cases and endorsed the idea of having multiple shifts in courts to reduce the backlog.

Cautioning judiciary against overreaching itself, Singh said, 'The dividing line between judicial activism and judicial overreach is a thin one...A takeover of the functions of another organ may, at times, become a case of overreach.'

Amidst growing tension between the courts and the legislature, Prime Minister Manmohan Singh today cautioned the judiciary from breaching the thin line dividing the two wings.

'All organs, including the judiciary, must ensure that the dividing lines between them are not breached. This makes for a harmonious functioning,' the prime minister added.

'Unless the three wings of the state understand each other better, they will not be able to function effectively in the interests of our nation and our people at large,' he said.

'The three wings have well defined roles and functions under our constitution. However, all the wings have a common goal - which is the fulfilment of the hopes of the founding fathers of our republic and as spelt out so clearly in our magnificent constitution,' said Manmohan Singh at the conference titled 'Administration of Justice on Fast Track'.

He said such conferences provide for 'an opportunity to gain a better understanding and appreciation of the other's concerns and preoccupations'.

Manmohan Singh's remarks came in the wake of several apex court rulings, striking down executive decisions and parliamentary legislations - the latest being the constitutional validity of Schedule Nine and the stay on implementing a 27 percent quota for backward class students in elite educational institutions.

Expressing concern at the issue of 'pendency' of court cases and their growing backlog, he said 'in spite of efforts having been made and being made, and support provided by the government, it is a matter of concern that there are huge arrears of more than 25 million cases in courts'.

'Over two-thirds of these are criminal cases. While there has been some progress in reducing pendency in superior courts, the position in subordinate courts has hardly shown any improvement. I have been told that the number of fresh cases is generally more than the number disposed in a given period of time,' said Manmohan Singh.

He added 'unless the rate of disposal improves, the backlog would keep mounting'.

'We are a country - we take pride in being governed by the rule of law. If the rule of law has to become a living reality, these delays and these arrears have to be effectively curbed,' the prime minister said.

Manmohan Singh attributed the growing backlog of cases in court to high judicial vacancies.

'An important factor causing pendency is the number of vacancies that presently remain unfilled in the subordinate judiciary. This is one area where the states and the high courts have to come forward and execute and implement a time-bound exercise for filling up vacancies. I am sure once the unfilled vacancies are filled up there would definitely be a reduction in the arrears,' he said.

The prime minister also endorsed the suggestion of having multiple shifts in courts to reduce the backlog.

'I would also like the learned judges to consider another suggestion for increasing the disposal of cases. Courts may consider having more than one shift,' Manmohan Singh said.

Incidentally, Gujarat last year set up on an experimental basis special night courts to clear its backlog of cases and their faster disposal, which in the natural course often take up to 20 years.

The 44 night shift courts set up by the state have been able to dispose of around 40,000 cases since November 2006.

Chief Justice K.G. Balakrishnan too has supported the idea, saying if the experiment proves successful, it will be replicated nationwide.

© 2007 Indo-Asian News Service