The Centre has decided to decline a recent suggestion from Chief Justice of India S H Kapadia that the Supreme Court could constitute a special purpose vehicle (SPV) from court fees, fines and costs to create a fund to improve infrastructure of lower judiciary. This is mainly because the Centre had floated this idea nearly a year ago and has proceeded too far ahead in planning the implementation to now turn back. In addition, there is also a constitutional hurdle in the SC appropriating court fees and other levies for the purpose of improving infrastructure. At present, court fees and other levies get appropriated into the consolidated fund of thegovernment and any departure from it,like giving it to the apex court, would require an amendment.

Law minister Veerappa Moily clarified that there is no conflict with the judiciary on this issue.However,he was firm that the SPV idea was mooted first by his ministry in consultation with jurists, attorney general G E Vahanvati and solicitor general Gopal Subramaniam and the government would carry out the plan. We fully respect the views and wishes of the CJI, Moily said, adding the SPV would soon be a reality. It will be registered as a society to receive funds in addition to what is collected from court fees,fines and costs imposed on litigants, he said. To understand the infrastructural requirements of various states, Moily toured various centers and held discussions with chief justices of all high courts, which are the supervising authorities of subordinate courts. Now I know the requirements of infrastructure and other facilities of the subordinate judiciary and will make the SPV a reality within two to three months, Moily said.

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