CJI terms govts as biggest litigants, says docket explosion due to executive, legislature

PTI

New Delhi, April 30

Chief Justice of India (CJI) NV Ramana on Saturday termed governments as the "biggest litigants", accounting for nearly 50 per cent of pending cases, saying the "docket explosion" is due to non-performance of various wings of the executive and the legislature not realising its full potential.

While dealing with the reasons for docket explosion, the CJI referred to the growing number of contempt cases arising out of defiance of judicial orders by the executive and said that "deliberate inactions by governments, despite judicial pronouncements, are not good for the health of democracy".

Speaking at the Joint Conference of Chief Ministers and Chief Justices of High Courts, inaugurated by Prime Minister Narendra Modi, CJI Ramana flagged key problems faced by the Indian judiciary such as pendency, vacancies, dwindling judge-population ratio and the lack of infrastructure in courts.

Reminding the State's three organs - executive, legislature and judiciary - to be "mindful of the 'Lakshman Rekha' while discharging their duties", he assured governments that "the judiciary would never come in the way of governance, if it is in accordance with law".

"We share your anxiety and concern regarding the welfare of the people," Justice Ramana said.

Dwelling further, he said all constitutional functionaries abide by the constitutional mandate as the Constitution provides for separation of powers between the three organs, clearly outlining their sphere of functioning, and delineating their powers and responsibilities.

"It is a well-acknowledged fact that governments are the biggest litigants, accounting for nearly 50 per cent of the cases," the CJI said and gave illustrations as to how inactions of various wings of the executive force citizens to approach courts.

"Based on these examples, one can safely summarise that, often, litigation is triggered because of two major reasons. One is, non-performance by the various wings of the executive. Second is, the legislature not realising its full potential," he said.

The decisions of courts are not implemented by governments for years together and the result is that contempt petitions are a new category of burden on courts, a direct result of the defiance by governments, the CJI said.

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