On Governments' obligation to support court expenditure when laws are made

The Financial Memorandum attached to Bills usually do not provide for adjudication costs involved in enforcement of the new law. This puts the Subordinate Courts with little or no resources to cope up with additional workloads directly resulting from new legislations put on the Statute Book. An expert Committee has recommended to the Government that judicial impact assessment should be made whenever legislations are proposed and the Financial Memorandum should reflect judicial costs as well. This Commission endorses the proposal. In view of Article 247(power of parliament to provide for the establishment of certain additional courts) read with Entry 11A of the Concurrent List (Administration of justice; constitution an organisation of all courts , except the supreme court and high courts), Government of India is constitutionally obliged to make financial provision for implementation of Central laws through State Courts in respect of subjects in Lists I and III of the Seventh Schedule.