For the first time in judicial history, the Supreme Court on Tuesday suggested that the Centre should assess the burden that would be cast on the pendency-ridden courts while enacting a new law and make financial provision for additional judges and infrastructure to deal with cases arising from it.
"For the last 50 years, the judicial impact assessment has not been done," a Bench comprising Justice Y K Sabharwal, Justice D M Dharmadhikari and Justice Tarun Chatterjee said in a judgement on a petition seeking to challenge the amendments to the Civil Procedure Code inserting mediation, conciliation and arbitration provisions.
Taking assistance from three reports submitted on the issue by an expert committee headed by Law Commission chairman Justice M J Rao, the Bench said, "There must be a judicial impact assessment whenever any legislation is enacted."
Till date hundreds of new laws have been enacted giving geometrical growth to the litigation, but there had been no corresponding increase in the number of courts leading to delay, a grievance Chief Justice of India R C Lahoti had expressed many times in public speeches.
Noticing that one of the major reasons for the delay in civil disputes was frivolous litigation, Justice Sabharwal, writing for the Bench, said the courts should impose heavy costs on those who indulge in such litigations wasting the precious time of the courts.
Among other suggestions, the court also asked the Centre to bear mediation and conciliation costs, arrange for speedy
nomination of conciliation officers and adoption of case flow management model by the high courts.
