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Report No. 124

Chapter VI


6.1. The recommendations herein made are over and above those that have been made and set out in Appendix I. Where a departure has been made with reference to earlier recommendations, those made in this report may be implemented.

6.2. A notable departure of this report is where High Court jurisdiction is considerably curtailed by excluding from its jurisdiction subjects which deserve specialist treatment by specialist courts tribunals. After restructuring of the grass-root justice system recommended by the Law Commission,1 the inflow of second appeal is going to be considerably reduced.

The vacancies will be filled in expeditiously if the recommendations of the Law Commission are implemented.2 If the retiring Judge is allowed to remain in position till the successor comes in as herein recommended, the High Courts and the Supreme Court will always be manned by full strength of its Judges.

Further, if the services of retired judges are enlisted to clear the backlog of arrears and oral arguments can be curtailed, as herein recommended, one can legitimately say with confidence that the High Courts would be able to manage both its arrears and its inflow of work and the monster of backlog will disappear within a maximum period of two years. The hope is founded on effective implementation of the recommendations herein made.

1. LCI, 114th Report on Gram Nyayalaya (1986).

2. LCI, 121st Report on A New Forum for Judicial Appointments (1987).

D.A. Desai,

V.S. Rama Devi,

New Delhi,
Dated: 29th February, 1988.

The High Court Arrears - A Fresh Look Back

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