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PIL – Principal District Judges to have Writ Jurisdiction by implementing Article 32(3) of Constitution

Posted on September 27, 2021 by ShadesOfKnife

Taking inspiration from the article regarding the proposal of learned senior counsel K.M. Vijayan here, I decided in 2019 to explore the subject deeper in various angles.


Article 32(3) of Constitution of India says so,

32. Remedies for enforcement of rights conferred by this Part.—
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.


Statistics

S.No High Court Name Civil Criminal Total Cases Pending Writs % of Writs
1 Allahabad High Court          420,043          378,888       798,931                            286,765 35.89%
2 Bombay High Court          462,687            92,129       554,816                            128,649 23.19%
3 Calcutta High Court          188,685            36,436       225,121      – 0.00%
4 Gauhati High Court            44,289            10,527         54,816  23,217 42.35%
5 High Court for State of Telangana          211,877            36,335       248,212  129,727 52.26%
6 High Court of Andhra Pradesh          186,214            32,288       218,502  112 (Doubtful) 0.05%
7 High Court Of Chhattisgarh            49,575            28,077         77,652  28,517 36.72%
8 High Court of Delhi            72,414            26,526         98,940  41,854 42.30%
9 High Court of Gujarat          101,467            50,669       152,136  506 (Doubtful) 0.33%
10 High Court of Himachal Pradesh           69,976              9,831        79,807    13,045 16.35%
11 High Court of Jammu and Kashmir            43,622              6,788         50,410                              21,048 41.75%
12 High Court of Jharkhand            41,539            45,885         87,424                              26,710 30.55%
13 High Court of Karnataka          239,725            42,018       281,743                              71,252 25.29%
14 High Court of Kerala          175,453            45,791       221,244                              85,192 38.51%
15 High Court of Madhya Pradesh          250,808          154,057       404,865  119,088 29.41%
16 High Court of Manipur              4,304                 457           4,761  2,354 49.44%
17 High Court of Meghalaya              1,308                 160           1,468  747 50.89%
18 High Court of Punjab and Haryana          283,359          166,895       450,254  183 (Doubtful) 0.04%
19 High Court of Rajasthan          414,971          148,113       563,084  157,668 28.00%
20 High Court of Sikkim                 174                   35              209  101 48.33%
21 High Court of Tripura              1,368                 235           1,603   620 38.68%
22 High Court of Uttarakhand            24,256            16,687         40,943   16,834 41.12%
23 Madras High Court          524,174            61,435       585,609  87,240 14.90%
24 Orissa High Court          130,834            52,746       183,580  81,447 44.37%
25 Patna High Court          111,608          114,222       225,830  76,495 33.87%
TOTAL      4,054,730      1,557,230   5,611,960   1,399,371 24.94%

 

Source: https://njdg.ecourts.gov.in/hcnjdgnew/?p=main/pend_dashboard ; As on 28-Sep-2021

So, a total of 25% of the total cases pending


Identified the various stakeholders that may be impacted if this relief materializes.

If the Writs are allowed to be filed and decided at District Court level,

  • Litigant Public: The litigant public doesn’t have to incur huge expenses in traveling to the venue of the High Court, engaging a High Court advocate, Have it listed and then keep running expenses from time to time. They can filed their Writ at the District Court itself and engage a competent advocate locally and have considerably less expenses and less timelines to face.
  • Learned Advocates: Advocate can take up/file Writs at District level and they do not have to move the High Court. Those advocates who do not practice at High Courts currently, can very well handle Writs at District Court itself, by providing cost-effective legal services.
  • Hon’ble Judiciary at District Courts: Considering the current strength of the judges at Supreme Court (33 as on 27-09-2021), High Courts (633 as on 01-09-2021; 465 vacancies as per Vacancy report of Dept of Justice, https://doj.gov.in/appointment-of-judges/vacancy-positions), District Courts (), and the constant onslaught of Writs being filed at High Courts year-on-year, it is near impossible for the 33+633 Judges to get a considerable grip on the Writ-pendency and dispose of the Writs in a time-bound manner. The District Judiciary also gets to work on one of the jurisdictions that they do not have access to, which is Writ Jurisdiction.

Considering the above facts and need of the hour, it is imperative that the Parliament makes a law (even for a limited time like a year) to decentralize the Writ jurisdiction and grant District judges (including Addl DJs, Special Courts, Family Courts, Labour Courts etc) to take up and dispose Writ petitions at their level itself.

 

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

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