Flags '' Meetings, Calls for Reform in Landmark Judgment
In an extraordinary judgment that turned the judicial lens inward, the has sharply questioned its own administrative functioning, revealing that only 16 meetings were held in the last decade and that no general policy matter affecting the powers and status of the Court was ever placed before the during that period. Justice Vinod Diwakar, presiding over a single-judge bench, issued a scathing critique of the "Chief Justice-centric" model of High Court administration, calling for a more participative and accountable governance structure.
A Deeper Issue Behind Four Routine Petitions
The judgment originated from four unrelated petitions—
,
,
, and
—each highlighting inordinate delays in trial court proceedings and non-compliance with binding
and High Court directions on bail. While the court disposed of these cases with specific directions, Justice Diwakar used them as a springboard to address what he termed a "
" rooted in
"
."
The court noted that despite explicit directives in , trial courts across Uttar Pradesh had passed over 1.65 lakh bail orders after requiring two sureties, in direct defiance of the guidelines. Only 8 out of 75 district judges submitted satisfactory compliance reports.
'Only 16 Meetings in 10 Years'
In a section that has drawn widespread attention, Justice Diwakar examined the functioning of the under the Rules, 1952. mandates the Chief Justice to convene a meeting once every three months. Yet over the past ten years, only 16 meetings were held—far short of the required 40.
The court observed:
"No matter of general policy, no matter affecting the powers and status of the Court, and no annual report on the administration of justice has been placed before the
during this period."
The judgment further noted that the general annual reports on the administration of justice had neither been laid before the nor forwarded to the Government as required.
In a footnote, the court made a startling observation:
"It was given an impression that last two
meetings of this Court were
in the manner of a government whipping its members through a confidence vote, and this affronts the dignity of a Judge's office."
The judgment also remarked that the proceedings of the do not record the of individual judges, defeating the very purpose of .
'Unfettered Discretion Has Devastating Effect'
Justice Diwakar went on to criticize the concentration of administrative power in the office of the Chief Justice. He noted that the High Court's administrative business is discharged through 84 committees, but the minutes of these committees are never communicated to the , creating the impression that they function independently of the High Court itself.
The judgment highlighted that one senior-most judge was made chairman of 18 out of 76 committees before being elevated as Chief Justice of another High Court. The court called for a "recalibration" of the , stating that
"
is a
of collective decision-making, bringing economy, efficiency and transparency to the judicial and administrative working of the Court."
Drawing from global scholarship, including
The Oxford Handbook of Comparative Judicial Behaviour
, the court stressed that
must be balanced with accountability. It warned that the absence of rule-bound procedures and external oversight risks perpetuating
"
."
A Call to the Chief Justice
In the operative part of the judgment, Justice Diwakar directed the Registrar General to place a copy of the judgment before the Chief Justice
"for His Lordship's kind perusal and for such further steps as His Lordship may deem fit and appropriate."
The court also requested the Chief Justice to explore the necessity of convening Full Courts and ensuring compliance with the High Court Rules.
A copy of the judgment was also transmitted to the Secretary, , , , for consideration by the Minister of State (Independent Charge) for Law and Justice and the Cabinet Secretary.
Key Observations
-
" and are not innate attributes; they require to be cultivated through sustained training and learning."
-
"The repercussions of have had a devastating effect on the administration of justice."
-
"Where a resolves without recording the views of its members, the deliberation which the forum exists to secure is not evidenced on its record."
Implications
While the immediate orders in the four petitions were routine—allowing bail modifications and directing expeditious trials—the judgment's enduring significance lies in its systemic critique. It marks a rare instance of a High Court publicly scrutinizing its own administrative machinery and calling for structural reform. Legal experts view it as a potential catalyst for revisiting the balance between and across the country.
The judgment concludes with a poetic appeal, quoting Dushyant Kumar:
"It’s aim is not merely to create an uproar, but to rouse this
into motion."
Whether that motion will follow remains to be seen, but the has unmistakably lit the fuse.