S. H. KAPADIA, AFTAB ALAM, K. S. P. RADHAKRISHNAN
ALL INDIA JUDGES ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent
ORDER
1. Justice delivery system is the bedrock of the rule of law, which is held to be the basic structure of the Constitution and it is our view that, in the absence of adequate judicial infrastructure, particularly for the subordinate courts, it would not be possible to sustain rule of law in this country. It is true that courts do not generally issue directions in financial matters, however, we are of the view that court fees, costs and fines constitute what is cal ed "measure" of what is spent on judicial infrastructure. This would be in consonance of doctrine of proportionality, which is the facet of doctrine of reasonableness under the Constitution. The rule of law assures the citizen of an effective civil and criminal justice system and judicial infrastructure is the cornerstone of justice delivery system without which the rule of law in this Court would fail.
2. In the light of what is stated above, this Court undertook the exercise of ascertaining and obtaining information regarding infrastructural projects concerning courthouses and residential quarters of Judges working in the subordinate judiciary. Accordingly, vide order dated 12-7-20101, read with order dated 19-7-201
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