SC: Judiciary Can’t Intervene With Matter Falling Within Govt. Domain

Supreme Court Law Insider

Priya Gour

Published on: July 30th, 2022 at 18:09 IST

While hearing a plea in the Supreme Court showed its inability to interfere with the in the matters of government. A Public Interest Litigation (PIL) petition was moved before the Court by lawyer Ardhendumauli Kumar Prasad seeking CJI’s intervention for setting up a Judicial Vista. However the court declined to do so.

The Bench of Justices BR Gavai and PS Narasimha observed that even though the government may have a duty to develop the infrastructure around the top court, it is still a matter that remains in the domain of the Executive.

Justice Gavai orally made statement, “It is the duty of the government no doubt, but this is in executive domain.” 

He also added, “Constitutional obligation to give you chambers? This has to be decided on administrative side, we can’t encroach on CJI’s powers.”

Several concerns were put before the court in the PIL regarding space crunch for all in the existing premises. And hence, a request for developing a Judicial Vista around the court premises was made, that would also include new chambers for lawyers.

The plea was also seeking a Central Authority ( funded entirely out of the Consolidated Fund of India) for resource allocation for the development of judicial infrastructure of courts and tribunals across the country was requested.

However, the Bench said that the job of developing infrastructure around the Court falls within the domain of the Government. The Government has a duty to do so, and the apex court cannot intervene in the matter. The Bench said:

“This is a matter on the administrative side, how can we direct? We have limited jurisdiction, we hear about this so much in conferences of CJI and Law Minister.” 

The above matter has been put on hold to be heard after a month, after being informed by the Additional Solicitor General K.M. Nataraj that the matter is under consultation.

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