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2002 DIGILAW 1346 (SC)

All India Judges Asson. v. Union of India

2002-10-28

B.N.KIRPAL, G.B.PATTANAIK, V.N.KHARE

body2002
JUDGMENT : 1. In the Judgment of this Court, two aspects were dealt with. Firstly, the implementation of the Shetty Commission Report and secondly, with regard to the Judge strength. The directions which were issued with regard to the implementation of the Shetty Commission Report have become final and there is no question of the non-implementation of those directions subject to such modification as this Court may agree to. 2. As far as the increase in Judge strength is concerned this was ordered because of the huge pendency of cases and the judgment was passed on the basis of Law Commission Reports and finally on the Parliamentary Committee's Report known as the Pranab Mukherjee Committee Report. 3. In the Additional Affidavit of Shri R. Charanjit Singh dated 28th August, 2002 filed on behalf of Union of India in this Court it has been said in paragraph 6 as follows: "It is submitted that Ministry of Finance, based on the projections made by the Shetty Commission and other relevant factors apprehends that the estimated financial impact of implementation of all the directions given by this Hon'ble Court vide its order dated 21.3.02 is likely to exceed Rs.14,000 crores including the recurring expenditure of nearly Rs. 5000 crores per annum." 4. It appears from the above that the Union of India has combined the recommendations of the Shetty Commission, which have to be implemented, with the direction regarding increase in Judge strength and then came up with a figure of Rs. 14 thousand crores. 5. It is difficult to accept that the expenditure involved would be Rs. 14 thousand crores. We, therefore, direct the Secretary (Expenditure) as well as the Secretary (Justice) to file their own personal affidavits indicating clearly and separately as to what is the expenditure involved in the implementation of the Shetty Commission's Report as ordered by this Court and secondly what will be the expense involved in increasing the Judge strength. The basis on which the figures are worked out should also be indicated in the said affidavits. Affidavits be filed within two weeks. 6. To come up on 18th November, 2002.