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JUDICIARY

• Judiciary is an adjudicatory branch of the state


• Justice delivery system in settling disputes of
individual or groups
• Budget the central and state govt. allocated
finance to state judiciary. But to its
disadvantage because not perceived as
essential to the public as compared to health
or education
• Judiciary’s budget calculated based on history
recurring expenses which has been
highlighted by the supreme court that there is
lack of training among judicial officers to plan
and prepare budgets
• Nationally india spends 0.08 per cent on judiciary; total
expenditure spent is 0.54 per cent in 2015-16; delhi alone
spent 1.9 per cent, 0.1% arunachal, 0.96 punjab
• Main challenge was due to absence of policy, guidelines, law,
process to ensure its smooth functioning
• Haryana spends the most with rs. 201 per capita; West Bengal
spends one fourth of that; among the small states – ranges
from rs. 464 in Sikkim to one-sixth of that in arunachal
• Punjab and Haryana have the highest no. of vacancies with
46% in high court and 20% in subordinate courts
• In 2016-17, more cases were disposed in Gujarat and odisha
in subordinate courts with Gujarat cleared nearly 30% cases
more than those filed and odisha cleared 6%
• Between 2011-16, of 7 states budget spend exceeded the
increase in total expenditure which also includes north east
like arunachal increased its budget by 36%.
• Tamil nadu stood at first in terms of improvement in judiciary.
Gujarat also performed well in reducing pendency of cases
and vacancies; tamil nadu performed better in improving the
pendency of cases in high court; Gujarat perform better in
terms of vacancies in high court and subordinate court
• Judicial vacancies affects heavily – increase in case load,
litigants have to wait for resolution and ultimately results in
delay in disposal of cases
• Subordinate court vacancies low in Maharashtra with 4.5%, to
more than half sanctioned post vacant in Mizoram with 52%;
bihar Gujarat Jharkhand & uttar Pradesh have high vacancies
in subordinate courts with 30% while Maharashtra, tamil nadu
west Bengal have less than 12%.
• In each 18 large and mid-sized states, had vacancies in high
court judge of above 25% and in subordinate courts six out of
18 states vacancies with 25%.
• States where judges were needed mostly, vacancies were on
the rise e.g. bihar and uttar Pradesh with highest number of
pending cases. And in subordinate courts, it shows vacancies
growing over 5 years since 2013-2017

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