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2010 Supreme(SC) 572

S. H. KAPADIA, AFTAB ALAM, K. S. P. RADHAKRISHNAN
ALL INDIA JUDGES ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


ADVOCATES APPEARED:
ES. Nariman (Amicus Curiae), Senior Advocate (A.T.M. Sampath, Advocate) for the Petitioners;
Gopal Subramanium, Solicitor General, for the Respondents.

ORDER

1. Administration of justice, constitution and organisation of all courts, except the Supreme Court and the High Courts, was originally included in the State List under the Seventh Schedule to the Constitution. However, by the Constitution (Forty-second Amendment) Act, 1976, it has been brought in the Concurrent List vide Entry 11-A.

2. In the Report of Justice Shetty Commission, it has been highlighted that courts in mofussil places are located in dilapidated buildings with inadequate furniture for Judges or lawyers or litigants. The old rickety furniture is at site to see even today in mofussil courts. Such courts, according to the Report of Justice Shetty Commission, have become a pathetic site to see. The most important observation in the Report is that the Union Government has included the infrastructure of the courts as "planned item" to enable them to provide half of the expenditure required for that purpose and the other half has to be contributed by the State. At this stage, it may be stated that the Central sponsored scheme of the Central Government has a rule of sliding down which results in reduction of the funding from the Centre as the said funding is made depende







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