What Happened
- The Union Government, through the Department of Justice under the Ministry of Law and Justice, has been implementing the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in District and Subordinate Courts since 1993-94.
- The Ministry of Law and Justice provided Parliament with state-wise and year-wise data on funds allocated and utilised over the last five years under this scheme.
- Primary responsibility for developing infrastructure for district and subordinate courts rests with State Governments and UTs, with the Centre providing financial assistance.
- The current phase of the scheme runs from 01.04.2021 to 31.03.2026 with a total outlay of ₹9,000 crore, of which the central share is ₹5,357 crore.
- The scheme covers five components: court halls, residential units for judicial officers, lawyers' halls, toilet complexes, and digital computer rooms.
Static Topic Bridges
Centrally Sponsored Scheme (CSS) — Structure and Fund Sharing
Centrally Sponsored Schemes are programmes funded jointly by the Centre and States, where the Centre provides financial assistance to States for implementation of nationally important programmes. CSSs allow the Centre to influence policy areas that primarily fall within the State List of the Seventh Schedule.
- Fund-sharing pattern for this scheme: 60:40 (Centre:State) for general states; 90:10 for 8 North-Eastern and 3 Himalayan states; 100% central funding for Union Territories.
- State/UT-wise entitlements are calculated based on four laid-down parameters including pendency of cases, area of the state, backlog of infrastructure, and population.
- Funds under CSSs must be placed on the Consolidated Fund of the respective State before further release.
Connection to this news: The judicial infrastructure CSS follows the standard CSS funding architecture, with the Centre using fiscal transfers to strengthen courts — a function primarily in the State domain.
Constitutional Basis: Articles 21, 39A, and the Right to Speedy Justice
Judicial infrastructure directly serves constitutional guarantees. Article 21 of the Constitution guarantees the right to life and personal liberty, which the Supreme Court has interpreted to include the right to a speedy trial. Article 39A (Directive Principle) mandates the State to ensure that the legal system promotes justice on a basis of equal opportunity, including provision of free legal aid.
- Article 39A was inserted by the 42nd Constitutional Amendment, 1976; it forms the basis for the National Legal Services Authority (NALSA).
- Inadequate court infrastructure — shortage of court halls, residential units for judges — directly contributes to pendency of cases, currently over 5 crore cases pending across Indian courts.
- The DISHA scheme (2021-2026, ₹250 crore) runs alongside the CSS to improve legal services delivery through Tele-Law and Nyaya Bandhu (pro bono services).
Connection to this news: Allocating resources for district courts is essential to fulfil Articles 21 and 39A — the constitutional mandate for accessible and speedy justice at the grassroots level.
Gram Nyayalayas — Access to Justice at Village Level
Gram Nyayalayas (village courts) were established under the Gram Nyayalayas Act, 2008 to provide affordable justice at the grassroots. The CSS for judicial infrastructure includes ₹50 crore specifically for Gram Nyayalayas, recognising that physical presence of courts in rural areas is critical for access to justice.
- Gram Nyayalayas are mobile courts, presided over by a Nyayadhikari (equivalent to a First Class Judicial Magistrate), meant to sit in different villages.
- They can try both civil and criminal cases with simplified procedures.
- As of recent data, only about 350 of the envisaged 5,000+ Gram Nyayalayas are operational, largely due to resistance from states over resource constraints.
Connection to this news: The Centre's financial push through the CSS, including earmarking for Gram Nyayalayas, reflects the ongoing challenge of converting constitutional intent into ground-level judicial infrastructure.
Key Facts & Data
- Scheme operational since: 1993-94
- Current phase: 2021-2026, total outlay ₹9,000 crore; Central share ₹5,357 crore
- Fund sharing: 60:40 (Centre:State); 90:10 for NE/Himalayan states; 100% for UTs
- Five scheme components: court halls, residential units, lawyers' halls, toilet complexes, digital computer rooms
- Target: 3,800 court halls, 4,000 residential units, 1,450 lawyers' halls
- Article 39A: equal justice and free legal aid — DPSP basis for the scheme
- Gram Nyayalayas component: ₹50 crore allocated within the CSS
- Pendency: over 5 crore cases pending across Indian courts (as of recent estimates)