'Agonsing': Rajasthan HC Flags Release Of Only 43% Budget Allotted For Court Infrastructure Since 2014, Asks State & Centre For Plan To Release Remaining Amount

Recently, Rajasthan High Court has highlighted the necessity of creating a proper road map for the release of the remaining amount from the budgetary provisions already allocated for improving the infrastructure of court buildings.

The Division Bench of Dr Justice Pushpendra Singh Bhati and Justice Rajendra Prakash Soni observed that it is 'agonising' to see that only 43 per cent of the budgetary provisions allocated between the years of 2014 -15 and 2023-24 have been released so far, halting vital projects like construction of court buildings and advocate chambers.

“…in last ten years…a budgetary provision to the tune of Rs.693 crores has been made by the State and about Rs.871 crores has been made by the Centre, amounting to a total of Rs.1911.65 crores… out of the said total budgetary provision, the State has released about Rs.320 crores, whereas the Centre has released about Rs.360 crores, amount to a total of Rs.829.20 crores…”, the court noticed after perusing the affidavit filed by the state.

The state had placed on record a table listing the Provision & Release between the years 2014-15 and 2023-24 for the construction of judicial houses and judicial buildings. This amount has been allocated by the Governments as part of a Centrally Sponsored Scheme (CSS). In CSS, the implementation aspect of the projects is done by the respective state governments though largely funded by the Central government.

In the chart, for the year 2023-24, a total of 317 crores were allocated with the break up as follows- 127 crores were provided by the state and 190 crores were given by the central government. However, the court pointed out that only 100 crores out of the said amount has been released in total so far.

Concerning the second component of CSS, i.e., the escalated amount that must be borne completely by the state government, it was seen by the division bench that only 220 crores have been released by the state out of 422 crores' budgetary provisions made in the last 10 years.

Various directions have been issued by the Court in a batch of connected writ petitions, from time to time, for improving the infrastructure of the court buildings, including the facilities for the advocates concerned.

Five years ago, the Chief Secretary of Rajasthan had given an undertaking that the state is fully committed to providing suitable judicial buildings and residences for all judicial officers. It was also submitted earlier that efforts will be taken for the timely completion of ongoing projects which included 234 court buildings.

However, the court stated the current scenario as evidenced by the affidavit was not promising and is 'a matter of great concern'.

Upon the Advocate General submitting that he may be afforded some time to resolve all the issues surrounding the release of budgetary provisions, the court granted him time to file an affidavit mentioning a proper road map for the release of the remaining amount, and for completion of ongoing/ approved projects. Additional Solicitor General also submitted that this is a non-adversarial litigation and all assistance from the Union Government can be expected.

“… such affidavit shall be signed by the Chief Secretary and shall be filed on the next date regarding such road map, as assured by the learned Advocate General. The affidavit of Union of India shall be supported by the Secretary, Department of Justice, Government of India. The said affidavit shall also contain a road map for releasing budgetary provisions and efforts made on the part of the Union of India so as to ensure continuance of the ongoing projects…”, the bench sitting at Jodhpur remarked.

The matter has been listed for 06.05.2024 so as to enable the state and union governments to file their respective affidavits in the matter.

Case Title: The District Bar Association Banswara & Anr. v. State of Rajasthan & Ors and Connected Matters

Case No: D.B. Civil Writ Petition No. 3651/2020 & Ors.

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