Court Development Planning System
Court Development Planning System
Court Development Planning System
DEVELOPMENT
PLANNING SYSTEM Infrastucture and
Budgeting
Introduction
1. The judicial system in India is under great stress. On the one hand we are
and more vocal in its demand for justice and on the other the judges are
may be, has a limited capacity for disposal of cases. Even the detractors
of the judiciary cannot deny that there is a need for a manifold increase in
the number of judges at all levels. But, the fact is that the number of
through time.
2. It has increased in the past, without any planning or scientific basis, and
will increase in the future, hopefully with planning. The increase in the
and electronic. In the past, the increase in the number of judges has not
kept pace with the increase in litigation. But, even then, the increase in
infrastructural facilities has not kept up with the increase in the number of
for the judiciary, particularly, at the District and Taluk levels. This, in
turn, has impacted the efficiency of the judges and the judicial system as
a whole.
3. Almost every other day we see newspaper reports lamenting about the
mounting arrears of court cases and how cases take five, ten or even
fifteen years to be decided at each level! And, the judges are blamed for
this. The judges do not speak to the press, nor should they, but the truth
be fair to the executive, the judiciary has also not made it known to them
as to what are the needs for an efficient judicial system. There may have
been sporadic efforts from some High Courts in effectively spelling out
the requirements of the judiciary but, there has not been a comprehensive,
this reason that it has become imperative that each High Court lays out a
court development plan for itself and for its subordinate courts.
short term (or annual plan); a medium term plan (or a five-year plan); and
a long term plan (ten-year plan). It is also necessary that the annual plans
telescope into the five-year plan which, in turn, rolls into the ten-year
plan. For the preparation of any plan there must an objective, a vision.
Thus, for a five-year plan we must look ahead five-years and see where
necessarily means both timely justice and quality justice. The concerns
of the judiciary are – how to deliver justice in the shortest possible time
and how to provide easy access to justice for all and particularly the poor
5. So, each High Court must examine its present position and set a goal for
and a vision of where it wants to be five years hence. Once the High
Courts are clear of their objectives and about the objectives of their sub-
High Court has a pendency of 2500 criminal cases which are to be heard
by Division Benches. Let us further assume that its five year objective is
to reduce the pendency to 1000 such cases. The question then arises –
would be to ask for more judges. The High Court would then have to
strength of judges for that High Court. This would also mean that the
Bench. Which would imply the need of another courtroom, two more
chambers for the judges, more secretarial staff, more computers, more
residences etc.,.
judicial system in detail and it would then be easy for the concerned
7. The first step for each court is to prepare a vision statement for a period
of ten years. This statement should set out the targets that each court
cases and ratio of cases per judge. Goals which are difficult to measure
8. Once a court is able to set targets for itself on the above parameters, it has
for achieving the targets. The ten-year plan should be divided into two
phases of five years each. And, the five year plans are to be sub-divided
into five annual plans. At the end of each year a review of the
a course-correction if necessary.
agencies. Once the objectives are clearly defined and the methodology
for achieving them are spelt out, it would be very difficult for both the
10. Each High Court should constitute a committee of judges to prepare the
judges who have had around five years’ experience as judges and who
approach to the future. Under the supervision of the high court, similar
concerned government.
plans and reviewing the working of the plans. The committee should also
Infrastructure
12. Once the objectives are clear and the development plans are in place, the
finances to see the plans through. If government does not do so, the
today, the judiciary draws all the flak for the mounting arrears and delays
the resource crunch which is foisted upon the judiciary by the state
governments – there are not enough judges, there are not enough
courtrooms, there are not enough computers, there are not enough
13. As a part of the court development plan, each high court would be
required to set out the minimum standards for courtrooms both at the high
court level as well as for courtrooms and complexes for the district and
taluka courts.
14 At present most of the High Courts do not have any standards for either
of the High Courts which have indicated that they have some standards in
place are (1) High Court of Uttarkhand 1; (2) High Court of Gujarat 2; (3)
High Court of Bihar3; (4) Calcutta High Court 4; (5) Gauhati High Court5;
and (6) High Court of Kerala 6. But, the standards are not exhaustive and
standards for a Court Complex. The standards deal both with space
standard Court Complex and can be suitably modified to suit specific site
1
Appendix 1
2
Appendix 2
3
Appendix 3
4
Appendix 4
5
Appendix 5
6
Appendix 6
16. The fundamental guiding factors in the design of a court complex would
include:-
18. The Court Complex essentially ought to consist of the following major
components.
1. COURT BUILDING
• Court rooms
• Judges’ chambers
• Administrative offices
• Support facilities
• Library
• Support facilities
5. JUDICIAL LOCK-UPS
Court Room
19. A courtroom has to have a dais for the judge’s chair and table, a witness
box, tables for the court clerks, lawyers desk(s), place for the accused (in
a criminal trial), seating for about 25-30 persons/litigants.
20. In order to make adequate provision for all this, it is recommended that
the typical courtroom size should be at least 7.0 metres x 10.0 metres.
The size of the courtroom for the District and Session Judge should,
however, be at least 9.0 metres x 16 metres.
21. A court room must have the following built in provisions for smooth and
efficient functioning:-
a) Dais:
The size of the judges table on the dais should be large enough
to accommodate two chairs.
An enclosure for the accused on the other side of the dais facing
the witness box with a bench capable of seating at least 3
persons.
c) Space for two tables: one for the court master (Reader) and one
and certain referral books which are likely to be referred and asked
k) Built-in space for storage of case files required for a particular day
l) Built-in space for safe custody of personal effects of the court staff.
m) A small room attached to the court room for the witnesses where
22. Besides the foregoing the following design considerations have to be kept
in mind:-
• The courtroom number and the name of the judge has to be properly
• The courtroom must have proper acoustics so that the decibel level is
conditioning/heating.
• The flooring and walls in the court room should, as far as possible, be
maintenance.
23. A Judge’s Chamber must be attached with every courtroom and it must
26. There may be a situation when the court may be required to function in
two shifts. In such a situation, it may be necessary to have two chambers
for judges in respect of each court room with supporting office space.
Provision for the same in some of court complexes may have to be made
accordingly.
27. The judge’s chamber should be furnished with the following items for
proper functioning.
and external).
d) A book rack
components for working late hours when the central plant may be
shut down.
free.
m) Proper blinds on windows for warding off direct sun and for
dustbins etc.
28. A sufficiently large and well lit waiting area outside the courtrooms is an
friendliness of the Court Complex from the point of view of comfort for
movement space in front of the court rooms. The entire area, being a
Clear (written and graphic) signage/guide maps and fire exit location
maps.
Main stairs /fire stairs etc. for efficient evacuation during any
emergency.
32. Optionally, the waiting and public access areas may have art works in the
stress of litigation. The colour of the walls should also reflect this
approach.
should have easy and direct access to the public waiting areas in front of
the courtrooms.
34. An electronic display system on each such floor lobby should inform the
litigants and lawyers about the case number going on in each court room.
35. Separate toilet facilities for men and women should be available for the
36. At the entrance hall one looks for directions to the desired destination.
and the document filing counter have to be located in the entrance hall.
37. A large electronic display panel displaying the court numbers and the
ongoing court case number has to be put up in the entry area for
guidance.
38. A notice board for displaying important notices should also be provided
like lift, stairs and toilets. Use of the universal graphic signage system is
should be provided for each floor and the stairs and fire escapes must be
clearly depicted.
of the court complex is their segregation at entry points and within the
equipments.
entry points.
For Judges
• Separate and dedicated alighting points for the judges’ vehicles has to be
provided.
• This entry should not be used by any unauthorized person at any time.
• The entry point and the route must be provided with closed circuit TV
surveillance.
For Advocates
• A dedicated entry in the Court Block separated from the general public
entry will ensure lawyers’ timely presence in courts.
• There should be a separate core of stairs and lifts connecting all court
floors.
• Litigants and the visiting public should enter the court complex through
an access control and surveillance system dedicated for the purpose.
• For the visitors coming in their own vehicles the car parking lots have to
be separated from the main court block and visitors are expected to walk
down to the dedicated visitors entry.
• Provision for covered entry for all weather movement may however be in
order and can be so planned.
• The entry points should have baggage scanners/ metal detectors etc
41. Common amenities in the court block, including the following, are to be
For Judges
ii) A Conference Hall for about 100 persons. Such a hall will need to
have good acoustics, seating arrangement and all necessary audio
visual provisions.
The Conference Hall at the District Courts Complex, Saket, New Delhi
• Staff canteen
• Attached toilets
• Bar Rooms for male and female advocates within the court block.
• Adequate provision for fire alarms, fire detection and fire fighting
arrangement in all parts of the court complex
Administration Wing
support facility and this is all the more important in larger court
separate staff entry from ground level and with dedicated lifts and stairs,
complete with a time office and access control system in place. The
offices.
Prosecution Wing
country that adequate space and office facilities are not provided to them
in the court building and this hampers their efficiency. The prosecutors
certainly require a comfortable office space where they can confer with
the police, other investigating agencies and complainants. They also need
adequate space for studying the case files, drafting applications, preparing
is suggested that courts should have a dedicated space for the prosecution
45. In recent times, this requirement, in the court complexes has acquired
enclosure for jail vans and the police vehicles has to be provided within
the complex. The lock-up must have separate guarded entry/exit points
The design of the passage must be such that during this movement there
is no contact between the under-trials and the general public except at the
court floor and within the court rooms. While designing the lock-ups, the
• Separate lock-up rooms for male and female prisoners will have to
be provided, each accommodating not more than 15 to 20 prisoners
at a time. Separate lock-up rooms would also have to be provided
for under-trials charged with serious offences (including those with
criminal histories) and under-trials charged with petty offences.
46. For larger court complexes a Utility Block should be constructed to house
various support services for the court block. Such support services may
include
• Electric sub-station
• Repair workshop
• Toilets
• A Bank branch
• Police booth of local police station with adequate strength and size
• Space for
o Oath Commissioners
o Notaries Public
o Typists
o Photocopying
o Probation officers
o Protection officers
o Stamp vendors
Judges
Advocates
47. For a 40-court complex 7, the requisite plot size would be approximately
9.00 acres. The covered area of the court block envisaged is (a)
Basement: 8814 Sqm; (b) Ground Floor: 7263 Sqm; (c) Upper Floors:
26452 Sqm. However, there must also be provision for future expansion.
48. Two different models have been developed. Model-A8 has been
identified in the main report for a larger Court Complex. This module has
only one courtroom to begin and has all the necessary support facilities
at one floor level. As the need grows, the module can be gradually
extended to four floors which will offer 4 court rooms with all extended
of about 2.00 to 2.5 acres. Model-B9 has 6 courtrooms per floor and floor
the requirements. Six courts are grouped in such a manner that all the
7
Plans prepared by Mr Vijay Behal for a 40-court complex are in Appendix 7
8
Plans prepared by Mr Vijay Behal for Model – A (single courtroom complex) are in Appendix 8
9
Plans prepared by Mr Vijay Behal for Model – B are in Appendix 9
49. The Court Development Plans would have to set out the road map to
50. Traditionally, all court work, judicial and administrative, was paper-
• First of all, it means cutting down more trees and is, therefore, not
eco-friendly.
• Fourthly, and very importantly, all this means that the paper-system
eats into time and, ultimately, efficiency. All these contribute to the
growing spectre of arrears.
10
500 files occupy an area of approximately 100 Sq ft.. As such, 1 lakh files would require 20,000 Sq.ft of
space. 10 lakh files would require 2,00,000 Sft.
Photograph 1:
Photograph 3:
All the files in the photographs above and the lakhs of files in many more
halls, rooms and racks and trunks, when digitised can fit into
which houses all the digitised case files of pending cases and
approximately 6 Sq.ft! 11
This, in itself, proves the case for digitisation of paper files. Many rooms
and halls which are filled with paper records would be freed for
judges are added to the court to cope with the increased number of cases.
51. Once the case files are digitised and electronic filing of cases is
11
2,00,000 Sq ft for 10 lakh paper files and only 6 Sq.ft for the same number of digital files.
Moreover, as the world is moving from paper to digital, there are very
many ‘documents’ which do not exist in paper form at all. The paper
print-out of such a ‘document’ would be the copy and not the original!
So, this world-wide move towards digital and away from paper as a
53. To achieve this end, e-courts which are truly paperless courts would have
paper is used! This is on the judicial side. A similar exercise would have
A single bench ecourt in the Delhi High Court: View of the Judge’s table and the large
LCD display on the side wall for viewing presentations
13.E-administration: Not only the judicial side but also the administrative
side would be fully computerized. This would necessarily involve the
minimum use of paper. Agendas and minutes of meetings would be in
digital form using usual authentication methods. Meetings would be
video-conferenced cutting down time spent and expenses for travel,
boarding and lodging. The e-meetings could be fully archived in an
indexed database for easy search and retrieval.
There are three ways in which a litigant can directly obtain information
from the court. They are – (1) via the facilitation centre in the court
premises; (2) via e-mail; and (3) via the website. Since the first two
through the court website would be the preferred mode. Towards this
a. Court information
b. Virtual tour
c. Cause lists
d. Roster
e. Display Board
f. Court fees
g. Case status
j. Certified copies
k. Online filing
1. Swearing in of Judges
54. The transition from paper files to digital files and the simultaneous move
the civil infrastructure in the form of more built up space and bring about
the work culture of the registry which will lead to enhanced efficiency
and productivity. This will ultimately result in great savings of time and
55. However, to achieve this a concerted effort would have to be made by all
who are part of the judicial system and most of all by the judges. The
court development plans would have to make provision for the necessary
required:
• Data servers
• High speed LAN (Local Area Network) (preferably 10g)
• High speed scanners
• High speed internet connectivity
• Courtroom technology
o Computers
o Wacom or Similar Pen Displays
o Large LCD displays (optional)
o Power sockets for lawyers’ laptops/ tablets
• Video conferencing facilities with sufficient bandwith for good quality
and un-interrupted audio-video streaming
56. Provision will also have to be made for the following Software:
57. The court development plans would also have to envision and set target
dates for digitisation of case files. First of all, the old records would
professional agencies. Secondly, the pending and new cases would have
Once that is achieved, the need for digitisation of records would end.
attain the third stage at the earliest. This would free a lot of financial
becomes the order of the day the case files would already be in digital
form when they are presented for filing by the advocates or by the parties
themselves.
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59. The methodology behind budgeting for the judiciary needs to be turned
on its head. Hitherto, this exercise has been done employing a supply-
side approach. The judiciary gets only that much which the state
governments keep aside for it. The entire focus needs to shift to the
demand side. To the need for an efficient judicial system where there are
which may boil over into anarchy at any moment which would be
the total budget. It must be based on the need for infrastructure and must
60. If we examine the figures for each of the states 12 we find that most of the
state governments put aside much less than even 1% of their budgets for
while Delhi provides a little over 1% of its total budgetary allocation for
they indicate the extremely low relative importance being given to the
judicial system. But, as we noted above, we must not get bogged down
12
See: Appendix 9
crying need for more judges based on the level of pendency and new
filing and future filing. This by itself spells out the need for greatly
how much the government is willing to spare for the judiciary but what is
the need for achieving an efficient and robust judicial system. There
61. Another aspect that needs attention is the issue of Plan versus Non-Plan
etc.
follows:
Crore)
VIII 180.45
IX 297.40
X 466.83
XI 1106.45
*Rs. 5802 crore has been provided during XII Fiver Year Plan period
incurred on the judiciary from the Plan and Non-Plan funds (including
64. The point that needs to be made is that all finances needed for
head of Plan expenditure which will be more specific, better managed and
65. Insofar as the salaries and allowances of the judges of high courts are
13
See: Article 202 of the Constitution which is as under:
202. Annual financial statement.- (1) The Governor shall in respect of every financial year cause to be laid
before the House or Houses of the Legislature of the State a statement of the estimated receipts and
expenditure of the State for that year, in this Part referred to as the "annual financial statement".
(2) The estimates of expenditure embodied in the annual financial statement shall show separately—
(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon
the Consolidated Fund of the State; and
the officers and servants of the Court, are charged upon the Consolidated
Fund of the State, and any fees or other moneys taken by the Court form
part of that Fund 14. And, Article 203(1) of the Constitution stipulates that
constitution also support the view that the approach to budgeting for the
judiciary and particularly for the High Courts must be from the demand
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the
State; and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State—
(a) the emoluments and allowances of the Governor and other expenditure relating to his office;
(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in
the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the
Legislative Council;
(c) debt charges for which the State is liable including interest, sinking fund charges and redemption
charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(d) expenditure in respect of the salaries and allowances of Judges of any High Court;
(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so
charged.
14
See: Article 229 (3) of the Constitution, which is as follows:
“ (3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable
to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of
the State, and any fees or other moneys taken by the Court shall form part of that Fund.”
66. Social cost benefit analysis is another aspect which has hitherto been
ignored while conducting any sort of budgetary exercise for the judicial
system. Economists are familiar with this and governmental policies are
often outlined after such an analysis. If such a study is done for the
incarceration, higher degree of law and order, better and more efficient
courts, lower likelihood of anarchy etc., will be taken into account and
the financial costs and other social costs. This will alter the thinking that
any benefits. It will clearly indicate that spending on the judicial system
67. The last aspect which needs consideration is that the budget estimates
which are prepared by the High Courts as also the District Courts are far
this the courts would need to create posts of professional accountants and
also hire the services of financial consultants from time to time. Greater
Uttarkhand
Approved designs
Plans regarding civil courts should be got prepared inconformity with the
standards given below which have been approved by the Government :
. (v) Office for 8 persons at 50 s. ft. for each = 20 ft. x 20 ft. = 400 s.ft.
(Office should have 8 big built-in almirahs – one for each clerk)
4. Library 15 ft. x 25 ft. = 375 s. ft. with steel racks for books all along the
walls upto the ceiling.
5. Record room - 70 ft. x 35 ft. = 2,450 s.ft. with racks up to ceiling and all
over the floor area.
7. Form room -- One room 12 ft. x 20 ft. = 240 s.ft. with racks up to the
ceiling.
10. Malkhana -- 15 ft. X 15 ft. = 225 s. ft. with racks in one of the walls.
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Gujarat
1. Court rooms
3. Stenographer’s room
7. Room for the Registrar of the District court with Administrative branch
9. Strong room
16. Ladies & Gents lavatory & urinals for staff and public
17. G.P. / A.P.P. room along with record room & staff room / library / visitor’s
room
21. Separate Gents & Ladies Advocates rooms with attached toilets
24. Adequate number of toilets & water joints for staff and public.
25. Separate under Trial prisoner room for gents & ladies
26. Video Conferencing room / Conference Hall/ Theatre type training room
28. Parking facility for two wheelers and four wheelers for litigants, staff,
advocates and Judicial Officers
30. Room for permanent Lok Adalat and its staff / Mediation Centre
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Bihar
(iii) A map of whole Civil Court be prepared showing the proposed place off
construction.
(iv) Map of Building be prepared keeping in mind that it must have facilities
like litigants shed, separate toilet for litigants (Male and Female) besides
Courts Chambers with attached toilet and office Rooms.
In this context the details of standard building plan of 25 court room and
additional 10 court rooms are given below:-
6 Court Rooms
Strong Room
Nazarat
Record Room
Offices
P.P. Room
G.P. Room
A.P.P. Room
Generator Room
First Floor
6 Court Rooms
Establishment
Offices
Second Floor
6 Court Rooms
Offices
Third Floor
7 Court Rooms
Offices
Ground Floor
Court Rooms 5
Offices
Strong Room
Nazarat
Generator Room
First Floor
Court Rooms 5
Offices
Computer Room
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Calcutta
Description
Court Room:
Chamber:
Stenographers Chamber:
2. English Department
Accounts Department
District Nazarat
Judges’ Library
Court Room:
Chamber:
Stenographers room:
Court Room:
Chamber:
Stenographers Room:
D. 1 C.J.M. / S.D.J.M.
Court Room:
Chamber:
Steno’s Chamber:
Office Rooms:
J.M.’s Chamber:
Stenographer’s room
H. Provision for public urinals / Lav for both gents and ladies.
M. Meeting-cum-Recreation room.
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1 Court Halls:
2 Chambers:
(i) 2 nos. of Halls for all the courts, with provision for
adjustable partitions
8 Superintendent’s Room
9 Accountant’s Room
13 Record Room:
(i) Civil
(ii) Criminal
14 Computer Room:
15 Conference Room:
A.
19 Doctor’s Room
20 Lock up:
21 Nazarat Section:
22 Strong Room
23 Malkhana
25 Despatch Section
26 Reception Room
31 Staff room
59 Electrician’s room
Note:
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Kerala
(iii) Office
(iv) Nazarette
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Andhra Pradesh
Sl. Social
Year Judiciary Health Education
No. Welfare
Arunachal Pradesh
Sl. Social
Year Judiciary Health Education
No. Welfare
Assam
Sl. Social
Year Judiciary Health Education
No. Welfare
5 2010-11 - - - -
Chhattisgarh
Sl. Social
Year Judiciary Health Education
No. Welfare
5.
2010-11 0.28 1.32 2.54 12.66
Delhi
Sl. Social
Year Judiciary Health Education
No. Welfare
Gujarat
Sl. Social
Year Judiciary Health Education
No. Welfare
Haryana
Sl. Social
Year Judiciary Health Education
No. Welfare
Himachal Pradesh
Sl. Social
Year Judiciary Health Education
No. Welfare
Jharkhand
Sl. Social
Year Judiciary Health Education
No. Welfare
1 2006-07 1.06 - - -
2 2007-08 1.05 - - -
3 2008-09 1.43 - - -
4 2009-10 1.30 - - -
5 2010-11 1.48 - - -
Karnataka
Sl. Social
Year Judiciary Health Education
No. Welfare
Kerala
Sl. Social
Year Judiciary Health Education
No. Welfare
Madhya Pradesh
Sl. Social
Year Judiciary Health Education
No. Welfare
Maharashtra
Sl. Social
Year Judiciary Health Education
No. Welfare
Manipur
Sl. Social
Year Judiciary Health Education
No. Welfare
Sl.
Year Judiciary Social Welfare Health Education
No.
5 2010-11 - - - -
Orissa
Sl.
Year Judiciary Social Welfare Health Education
No.
Judiciary
Sl. No. Year (Rs. in Social Welfare Health Education
Thousand)
1 2006-07 28583 - - -
2 2007-08 32683 - - -
3 2008-09 32668 - - -
4 2009-10 58095 - - -
5 2010-11 55080 - - -
Tamilnadu
Sl.
Year Judiciary Social Welfare Health Education
No.
Sl.
Year Judiciary Social Welfare Health Education
No.
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