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1 - 9 of 9 (2.66 seconds)Article 21 in Constitution of India [Constitution]
Article 42 in Constitution of India [Constitution]
Article 39A in Constitution of India [Constitution]
The Societies Registration Act, 1860
All India Judges Association vs Union Of India . on 19 May, 2023
15. In order to impart justice, it is necessary for the Courts
to be armed with the necessary infrastructure, including the
buildings, so that it can function at its optimum level and
competently discharge its function as the protector of the
rights of the citizens. It calls for a provision for adequate
infrastructure, which shall go a long way in enhancing its
functioning and improve the productivity of the justice
delivery system and this aspect is time and again focused upon
and in All India Judges v. Union of India 1 , the Apex
Court reiterated it in the following words:-
Article 226 in Constitution of India [Constitution]
Brij Mohan Lal vs Union Of India & Ors on 6 May, 2002
"21. In some detail, we have already discussed
constitutional obligation of the State
Government of establishing the Courts in the
City and of providing all the infrastructures to
the Courts. As far as the decision of establishing
the Courts is concerned or as far as the
requirement of constructing new Court
buildings or new judicial quarters is concerned,
the same will have to be taken by the High Court
Administration after considering all the relevant
factors. The views/opinion of High Court
Administration on the aspect of establishing new
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Courts must get primacy. However, as laid down
by the Apex Court in the case of Brij Mohan Lal,
once the High Court Administration decides to
set up a new Court or to construct a new building
for housing the Courts or new building for the
judicial quarters, the plea of financial
constraints or financial limitations is not
available to the State. The Courts should be free
of undesirable administrative and financial
restrictions. The State cannot refuse to perform
its constitutional obligation of providing
adequate judicial infrastructure and means of
access to justice to citizens. As pointed out by
Shri. Kumbhakoni, the learned senior counsel
appointed as Amicus Curiae, there are delays
involved at every stages right from the sanction
of the initial proposal for construction of Court
building. At every stage, the State Government
comes out with an excuse of financial constraints.
In view of the law laid down by the Apex Court
in the decision in the case of Brij Mohan Lal, the
said excuse is no longer available to the State
Government. As held therein, the Courts should
be free of undesirable financial restrictions."
Article 38 in Constitution of India [Constitution]
1