Law Commission Report The High Court ArrearsA Fresh Look LAW COMMISSION OF INDIA ONE HUNDRED TWENTYFOURTH REPORT ON THE HIGH COURT ARREARSA FRESH LOOK 1988 CHAPTER I CHAPTER II CHAPTER III CHAPTER IV CHAPTER V CHAPTER VI REFERENCES APPENDIX I APPENDIX II APPENDIX III CONTENTS Introduction . . . . . . . . . . . . . . Principal causes contributing to delay in courts noticed earlier . . . . . Remedial measures for the principal inﬁrmities . . . . . . . . Suggestions in unexplored region . . . . . . . . . Computer Technology . . . . . . . , . Conclusion . . . . . . . . . . . . . . . . . . . . . u a a Summary of recommendations made by the committees/Commission in the past to tackle the problem of exploding court docket: Letter to Chief Justice of India (See para 3.6 & 3 .24) . . . . . . . Letter to Chief Justice of each High Court (See para 3.6 J: 3 .24) . . . . . I0 25 26 9 Oil CHAPTERI INTRODUCTION 1.1 The Law Commission, in pursuance of the task assigned to it to study justice delivery system older to ﬁnd out what ails it and, after the diagnostic exercise' is 'over, to recommend remedies so as to fundamentally reform the system to make it opera tional with a view to promoting, on a basis of equal opportunity, so as to ensure that opportunities for securing justice are not denied to any citizen by rea son of economic or other disabilities, focussed its attention to the foundation of the pyramidic structure of the system at present in vogue. Major part of the Egftion which reaches the upper echelons of judi ' hierarchy emanates from rural areas. Accord ingly, the Law Commission examined the structure of the court system in rural and semiurban areas and recommended its restructuring to povide a new model or mechanism for resolving disputes. The principle of participatory justice was the essential eature of the new model.' This approach also neces sitated the need for decentralisation of the system of administration of justice by establishing other tiers or systems within the judicial hierarchy to reduce the volume of work in the Supreme Court and the High Courts. The relevant terms of reference in this be half read as under : "l. The need for decentralisation of the system of administration of jusice by : (iii) establishing other tiers or systems within the judicial hierarchy to reduce the volume of work in the Supreme Court and the High Courts. 2. The matters for which Tribunals (exclud ing service Tribunals) as envisaged in Part XIVA of the Constitution need to be est ablished expeditiously and various aspects related to their establishment and work 1ng.'. , 1.2_ AA superﬁcial view of the aforequoted terms of reﬁerence may indicate that the Law Commission is merely concerned with ﬁnding out the inlets through which vmrlr flows into the High] Courts and the Supreme Cam and think of diversiﬁcation as en visaged by Part XIVA of the Constitution with a view to providing a bottleneck in the inﬂow of work so that the court dockets evidencing litigation, ex plosion nmy become manageable. This view may ex clude the Durview of examination a radical re scructurmg of the High Courts and even of the Supreme Court. in: L ,2 1/as2 1.3 Even with trenehant of the f very system in general and of the _ High Courts to dispose of matters eo expeditiously in particular, it catmot be ' . 'X1 the High Courts and the Supreme enioy. considerable respect and alﬁnity amongst and the intelligentsia. A suggestion for a%1n'W , rc structuring of the High Courts and , ii Court is llkclv to meet with vehement opposition. It would to ignore the sustained opposition to a proposal mt Constitutional Division Within the Suprenﬁ Court.' Therefore, attempts should first be trade to have a view of the plenitude of the jurisdictioniiithe Court and recall the recommendations mﬂe t'or.im proving the working whether the drastic remedy of curtailing the jurisdio tion of the High Court is unavoidable. 1.4 At the outset, an overview of the jnaent jurisdiction enjoyed by the High Courts will an assessment of the enormity of the taji assigned to the High Court. The High Courts enjoy civil as well as criminal, ordinary as well as e f ' , and general as well as special jurisdiction. The source of the jurisdiction is the Constitution and the vari ous statutes as well as letters patent and other in struments constituting the High' Courts. 'l11e High Courts in the country enjoy an original jurisdic tion in respect of testamentary,_ and guardianship matters. Original jurisdic tion is conferred on the High Court under the Re presentation of the People Act, 1951, Companies Act, 1956, and several other special statutes. The High Courts, being courts of record, have the power to punish for its contempt as well as contempt of its subordinate courts. 3 The High C