PM: PILs No Vehicle To Settle Political Scores

New Delhi, Apr 8 (UNI) Judges were urged by Prime Minister Manmohan Singh today to help tackle huge case arrears in courts and not let Public Interest Litigation ''become vehicles for settling political or other scores.'' Opening a Joint Conference of Chief Ministers and Chief Justices of High Courts at Vigyan Bhawan, the Prime Minister also urged judges to ''improve'' their throughput of cases and steer clear of ''judicial over-reach.'' Dr Singh stressed harmonious functioning of the judiciary, legislature and the executive.

The conference centred on Administration of Justice on Fast Track was addressed among others by Chief Justice of India K G Balakrishnan and Law and Justice Minister Hans Raj Bhardwaj.

''PILs have great utility in initiating corrective action,'' Dr Singh acknowledged but he stressed that ''PILs cannot become vehicles for settling political or other scores.

''We need standards and benchmarks for screening PILs so that only genuine PILs with a justiciable cause of action based on judicially manageable standards are taken up.'' The Prime Minister pointed out that ''this will also ensure consistency in judicial pronouncements. The Supreme Court could take the lead in framing rules in this regard.'' On the roles assigned in the Indian Constitution to the organs of governance, Dr Singh said, ''the judiciary, the executive and the legislature have an obligation... to work in harmony.'' ''The dividing line between judicial activism and judicial over-reach is a thin one,'' Dr Singh said, adding how ''substituting mandamus with a takeover of the functions of another organ may, at times, become a case of over-reach.'' Compelling action by authorities of the state through the power of mandamus is an inherent power vested in the judiciary.

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

Justice Balakrishnan said judicial review sometimes creates tension between the judge, the legislative and the executive branch.

He said ''such tension is natural and to some extent desirable.'' Noting that judicial review of legislative and administrative actions has given rise to some criticism of the way in which the courts are functioning, Justice Balakrishnan stressed that ''It is essential in a country governed by a rule of law that every decision must be made under the rule of law.'' He said the public at large ''continues to hold our judicial institution in high esteem despite the shortcomings.'' An annual event, the conference was held in the backdrop of a judicial system on trial owing to such deficiences as delays-- procedural and contrived-- very high costs and uncertainties. One symptom is close to 30 million cases pending in courts across India--most for years and many for decades.

''The most important issue is that of 'pendency' and the growing backlog of cases in courts,'' the Prime Minister said. He suggested filling up vacant judicial posts and courts working in ''more than one shift.'' Dr Singh emphasised that the states and the High Courts implement a time-bound exercise to fill up judicial vacancies. ''I am sure once the unfilled vacancies are filled up there would definitely be reduction in the arrears.'' Justice Balakrishnan acknowledged how ''many times, inordinate delay contributes to acquittal of guilty persons either because the evidence is lost or because of lapse of time, or the witnesses do not remember all the details or do not come forward to give true evidence due to threats, inducement or sympathy.

''Whatever may be the reason, it is justice that becomes a casualty.'' He told delegates that when laws are enacted they create rights and offences ''which go for adjudication before the trial and appellate Courts.'' He said unlike in the United Sates, the judicial impact of legislation on the Courts is not assessed in India. Legislation should be accompanied by a budgetary estimate of its impact.

''Necessary financial allocation should be made in the Bill itself, to meet the expenditure likely.'' Bhardwaj said that we must have an effective mechanism to ensure judicial accountability while at the same time maintaining the independence of the judiciary.

Referring to ''modernisation'' of courts, he said the central government has approved a Rs 450 crore scheme for computerisation of some 15,000 district and subordinate courts across India.

He said the scheme will create a database to help judges and lawyers as well as case and courtroom management.

Bhardwaj said his Ministry has drawn a ten-year perspective plan in consultation with the Planning Commission to develop infrastructure for the judiciary.

The participants agreed on the need to improve the infrastructure of Subordinate Courts and raise Judges' strength. Steps to cut arrears and use Alternative Dispute Resolution methods were also agreed on.

UNI