Madhya Pradesh High Court: Financial Constraints Cannot Deny Citizens Access to Justice in Courts

Bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal holds that financial limitations are no excuse for inadequate judicial infrastructure; directs state to prioritize pending projects.

In a significant public interest litigation, the Madhya Pradesh High Court has reminded the state government that providing adequate judicial infrastructure is a constitutional duty under Article 21, and financial constraints cannot be used as an excuse to deny citizens access to justice. The Division Bench of Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal was hearing a PIL filed by Basudev Chatterjee, an advocate and Sanyojak of Jila Vikas Manch, Anuppur, seeking directions for construction of a new district court building with 14 courtrooms in Anuppur.

A Decade-Long Wait for a Court Building

Anuppur, a tribal-dominated district declared a civil district in 2009, has been functioning from an old rented building with inadequate space and infrastructure. Despite repeated representations from the District Bar Association and a memorandum from the High Court as far back as February 2021 directing prompt action, the project remained stuck due to lack of budgetary allocation. The petitioner argued that the state’s failure to sanction funds for the new building was causing immense inconvenience to advocates, litigants, and the public.

Expanding the Scope of the PIL

Taking suo motu cognizance of the larger issue, the bench expanded the scope of the litigation to include all pending projects for court buildings, judicial officers’ quarters, and staff accommodations across Madhya Pradesh. The court summoned the Principal Secretary of Finance and the Secretary of Law Department to explain the delay.

Court’s Strong Observations on Constitutional Duty

The High Court categorically stated that the judiciary cannot be treated as a government department. It observed: "We need to remind the government that the judiciary is one of the pillars of democracy and the same cannot be treated as a government department for providing necessary infrastructure. The administration of justice is an essential sovereign function . Adequate judicial infrastructure is not a matter of executive discretion or administrative largesse , but a constitutional duty owed to citizens to ensure access to justice under Article 21 ."

Financial Constraints No Bar: All India Judges’ Association Precedent

The court relied on the Supreme Court’s ruling in the All India Judges’ Association case, which held that financial constraints cannot be pleaded by the state to deny proper infrastructure, working conditions, and administrative resources to the judiciary. The bench emphasized that the judiciary must have adequate budgetary autonomy.

State’s Acknowledgment and Proposed Relief

The Advocate General informed the court that the Evaluation Committee had recommended sanction of ₹45.87 crore for the Anuppur project, but allocation was delayed due to financial constraints. The Additional Chief Secretary (Finance) submitted that the law department’s budget for the current year was exhausted in completing two major projects – 60 courtrooms at the High Court in Jabalpur and the MP Judicial Officers Academy.

The court directed that funds for infrastructure projects should be met from the Public Works Department budget, which normally maintains court buildings. It also directed the Registrar (Works & Infrastructure) to provide a list of all pending projects to the amicus curiae appointed – Senior Advocate Kailash Chandra Ghildiyal along with Advocates Karnik Singh and Anshuman Singh – for suggesting future measures.

Directions and Next Hearing

The High Court directed the state to consider allotting additional land near the existing court buildings in major cities like Bhopal and Jabalpur, which face acute shortage of courtrooms. The matter has been listed for September 30, 2026, with an expectation that the Advocate General will apprise the Chief Minister of the situation and return with a solution.

Key Observations

  • " Adequate judicial infrastructure is not a matter of executive discretion or administrative largesse , but a constitutional duty owed to citizens to ensure access to justice under Article 21 ."
  • " Financial constraints cannot be pleaded by the executive to deny proper infrastructure, working conditions, and administrative resources to the judiciary."
  • "Lack of infrastructure in the judiciary is a serious matter, which is directly related to the public at large."

Case Details

Case Title: Basudev Chatterjee v. State of Madhya Pradesh and Others
Case Number: WP No. 6278 of 2025
Bench: Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal
Petitioner’s Counsel: Advocates Anubhav Singhal and Deepak Kumar Pandey
Amicus Curiae: Senior Advocate Kailash Chandra Ghildiyal with Advocates Karnik Singh and Anshuman Singh
State’s Counsel: Advocate General Prashant Singh with Deputy Advocate General Swapnil Ganguly