ALL INDIA JUDGES ASSOCIATION & ORS. versus UNION OF INDIA & ORS.

ALL INDIA JUDGES ASSOCIATION & ORS. versus UNION OF INDIA & ORS.

It is the constitutional duty of the State to provide adequate infrastructure for courts, essential for the functioning of the judiciary and realization of access to justice and rule of law. Directions are issued for minimum amenities and court development plans to fulfill these obligations.

Parties
Petitioner: All India Judges Association & Others; Respondent: Union of India & Others
Jurisdiction
India
Judgment Date
02 August 2018
Procedural Posture
Writ Petition (civil) / Interlocutory Application Order
Outcome
Directions issued
Legal Topics
Judicial Infrastructure, Access to Justice, Rule of Law, Court Development Plans
Constitutional Law Judicial Administration Judicial Infrastructure Access to Justice Rule of Law Court Development Plans

Case Brief

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Parties

All India Judges Association & Others

Petitioner

Union of India & Others

Respondent

Procedural Posture

Writ Petition (civil) / Interlocutory Application Order

Legal Issues

  1. 1 Whether lack of adequate judicial infrastructure impedes access to justice and rule of law?
  2. 2 What are the essential infrastructural requirements for courts, especially subordinate courts, to fulfill constitutional obligations?

Ratio Decidendi

It is the constitutional duty of the State to provide adequate infrastructure for courts, essential for the functioning of the judiciary and realization of access to justice and rule of law. Directions are issued for minimum amenities and court development plans to fulfill these obligations.

Court Disposition

Directions issued

Orders

  • Chief Secretaries of each State to constitute a committee, including Secretary of Department of Law and an officer nominated by the Chief Justice of the High Court, to formulate a development plan as per directions and present a status report.
  • Registry to send order copies to Chief Secretaries of States and Registrar Generals of all High Courts.