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Punjab & Haryana High Court Bar Association v. Union Of India
Factual and Procedural Background
Two civil writ petitions (C.W.P. No. 10428 of 1995 and C.W.P. No. 10429 of 1995) were filed by the Punjab and Haryana High Court Bar Association. C.W.P. No. 10428/1995 seeks directions to the respondents to construct/provide additional court rooms of adequate size for the Judges of the High Court and subordinate courts, to provide residential accommodation to the Judges of the High Court, and to provide well-furnished court rooms and residential houses to subordinate judges in the States of Punjab and Haryana. C.W.P. No. 10429/1995 seeks directions to make the air-conditioning system effective and workable so that judges and members of the Bar can work effectively.
Written statements were filed on behalf of the Union of India, the State of Punjab, the State of Haryana and the Union Territory of Chandigarh, and additional affidavits were filed pursuant to interim directions dated 21 November 1995 to supply details of actual receipts and expenditure.
Key factual points recorded in the opinion: the Central Government acknowledged providing financial assistance under a Centrally-sponsored Scheme (50:50 sharing with States; Union Territories fully funded), with allocations of Rs. 236.47 lacs to Punjab, Rs. 221.14 lacs to Haryana and Rs. 90 lacs to Chandigarh. The High Court Registrar stated the sanctioned strength of judges was 40, 34 judges were then in position, and there were 27 court rooms (with two judges in improvised, unsuitable rooms). Steps were said to be underway to increase the number of regular court rooms to 30, and provision exists for another 10 court rooms in an extension (Phase-II) for which work had not yet begun.
On residential accommodation, the Registrar stated 26 judges' houses including that of the Chief Justice were at the Court's disposal, six houses had been requisitioned by respondent No. 2 (Chandigarh Administration), one used as a guest house and one allotted to the Registrar, leaving 24 judges' houses available for allotment.
Regarding air-conditioning, the Superintending Engineer (Chandigarh) stated the system was functioning but required replacement/modernisation (plant approximately 40 years old), and Chandigarh had written to the Government of India seeking additional funds for modernisation. A temperature chart from 9 August 1985 and a letter from the Governor of Punjab to the Union Law Minister were produced.
Legal Issues Presented
- Whether the Court should direct the respondents to construct/provide additional and adequate court rooms for the High Court and subordinate courts in Punjab and Haryana, including specified locations and timelines.
- Whether the Court should direct the respondents to provide residential accommodation to the Judges of the High Court and subordinate judicial officers, and to requisition houses where necessary.
- Whether the Court should direct the Union Territory of Chandigarh to make the air-conditioning system effective and workable (including installation/up-gradation) within a specified time frame.
- Whether the States of Punjab and Haryana should be directed to ensure provision of adequate stationery to all courts within a specified period.
Arguments of the Parties
Petitioner's Arguments
- Mr. S.D. Sharma, President of the Bar Association, emphasized the need for suitable accommodation and working conditions so that the Courts can discharge their judicial functions effectively.
- The petitions alleged that the air-conditioning in the High Court was "virtually non-existent" and that lack of adequate court rooms, residential accommodation and functional infrastructure was impeding judicial work.
Respondents' Arguments
- The Union of India: acknowledged provision of assistance under a centrally-sponsored scheme with specified allocations for Punjab, Haryana and Chandigarh and noted cost-sharing arrangements (50:50 with States; Union Territories fully funded).
- State of Punjab: stated the State is bound to provide court rooms for judicial officers and that new court complexes are being constructed subject to availability of funds.
- State of Haryana: stated that, in compliance with directions of the Supreme Court in the All India Judges Association case, suitable steps had been taken to provide official accommodation and residences to the subordinate judiciary, and urged the Chandigarh Administration to augment existing provisions.
- Union Territory (Chandigarh): through the Superintending Engineer, stated that the air-conditioning system is functioning but requires replacement/modernisation; the plant is about 40 years old and earlier worked satisfactorily; Chandigarh has sought additional funds from the Government of India for modernisation.
- General respondent position at hearing: respondents urged that adequate steps were being taken to meet the needs.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| All India Judges Association (referenced as a Supreme Court direction) | Compliance with directions issued by the Supreme Court to provide official accommodation and residential facilities to the subordinate judiciary (as stated by respondent State of Haryana). | The opinion records that the State of Haryana stated it had taken suitable steps in compliance with those directions; the Court noted this assertion in the factual matrix but did not elaborate further on that precedent's doctrine. |
Court's Reasoning and Analysis
The Court's analysis proceeds from both the factual material in the record and broader observations about institutional needs. Key elements of the reasoning, stated in the opinion, are:
- The Court acknowledged resource constraints and the wider economic context ("we are a poor nation") but emphasised that normal working conditions are a basic necessity for judicial officers and are the Government's obligation.
- The petitioner's factual contentions about inadequate court rooms, poor working conditions and ineffective air-conditioning were substantiated in part by the respondents' own filings: the Registrar confirmed a shortage of court rooms and temporary improvised accommodations for judges; the Superintending Engineer for Chandigarh acknowledged the air-conditioning plant was old and required modernisation but that funds had not been released by the Government of India.
- The design and capacity constraints of the High Court building were accepted by the Court: it was designed originally for nine judges, lacks cross-ventilation, and thus effectively requires reliable air-conditioning to make court-rooms habitable and functional.
- The Court emphasised that basic material facilities — a functional courtroom, a house for judges, and daily stationery — are essential to the effective administration of justice and that the demand by the Bar Association for these necessities was "absolutely just and fair."
- Given the admitted deficiencies, the Court concluded that it was appropriate and necessary to issue specific, time-bound directions to respondents to remedy the infrastructural shortfalls, rather than merely leave the matter to administrative discretion without enforceable timelines.
Holding and Implications
DISPOSED OF. Both writ petitions (C.W.P. No. 10428 of 1995 and C.W.P. No. 10429 of 1995) are disposed of by the Court by issuing the following specific directions (as recorded in the opinion):
- (1) Complete construction of additional High Court court-rooms so that these are ready and available within one year from the date of receipt of a copy of the order.
- (2) The State of Punjab shall proceed immediately to provide new court complexes at Amritsar, Sangrur, Ludhiana and Patiala; work at other places is to be undertaken without avoidable delay.
- (3) The State of Haryana shall provide new and suitable court complexes at Ambala, Karnal, Rohtak, Yamuna Nagar, Panipat, Rewari, Kaithal and Panchkula without avoidable delay.
- (4) The Government shall provide residential accommodation to Judges of this Court and other judicial officers soon after posting; where accommodation is not available, the Government shall requisition houses and make them available; houses should be commensurate with status and needs.
- (5) The Union Territory of Chandigarh shall start work forthwith for installation/up-gradation of the air-conditioning unit and complete the work within six months.
- (6) The States of Punjab and Haryana shall ensure adequate stationery is provided to all courts within one month from receipt of a copy of the order.
- There will be no order as to costs in the circumstances of the cases.
Implications: The direct effect is mandatory, time-bound remedial obligations imposed on the Union Territory of Chandigarh and the States of Punjab and Haryana (and an acknowledgment of Central allocations). The opinion does not purport to announce any broader legal doctrine beyond directing remedial administrative action to secure basic facilities for the judiciary; it does not state that it sets a new precedent.
Jawahar Lal Gupta, J. - Civil Writ Petitions No. 10428 and 10429 of 1995 have been filed by the Punjab and Haryana High Court Bar Association. In the former case (viz.C.W.P. No. 10428 of 1995), the petitioner prays for the issue of a direction to the respondents to 'construct/provide sufficient number of additional court rooms of adequate size' for the Judges of this Court and the subordinate courts. It also prays for the issue of direction to the respondents to construct and provide residential accommodation to the Judges of this Court and to provide well furnished court rooms as well as residential houses to subordinate judges in the States of Punjab and Haryana. In the latter case, (viz. CWP No. 10429 of 1995) the prayer is for the issue of a direction to the respondents "to take whatever steps are necessary to make the air-conditioning system effective and workable so that the Hon'ble Judge and the members of the Bar can work effectively." In view of the commonality of the issues, we are disposing of these petitions by this order. 2. In the written statement filed on behalf of the Union of India it has been acknowledged that "the Central Government is providing financial assistance on Plan side under the Centrally-sponsored Scheme which includes construction of buildings both official and residential covering High Court and District Courts. Expenditure under this Scheme is to be shared by the Central and State Governments on 50 :50 basis. Expenditure in respect of Union Territories are to be met fully by the Centre". Details of the amounts allocated to the States of Punjab, Haryana and Union Territory of Chandigarh have been given. A perusal thereof shows that an amount of Rs. 236.47 lacs was allocated to the State of Punjab. An amount of Rs. 221.14 lacs was provided to the State of Haryana besides Rs. 90 lacs to the Union Territory of Chandigarh. 3. In the written statement filed on behalf of the State of Punjab, it has been stated that "the State Govt. is bound to provide court rooms for all judicial officers in the State. New Court complexes are being constructed, wherever necessary, subject to the overall availability of funds." 4. Similarly, in the short written statement filed on behalf of the State of Haryana, it has been stated that in compliance with the directions issued by their Lordships of the Supreme Court in the case of All India Judges Association, suitable steps had been taken to provide official accommodation as well as residence to the subordinate judiciary in the State of Haryana. It has been further stated that the Chandigarh Administration should take suitable steps to augment the existing provisions for official as well as residential accommodation. In pursuance to the interim directions given by the Bench on November 21, 1995, directing the respondents to give details of the actual receipts and expenditure, supplementary affidavits have been filed. 5. The factual position has been explained in the two written statements filed by Mr. B.R. Gulati, the Registrar of this Court. It has been inter- alia pointed out that the sanctioned strength of Judges is 40. 29 Judges including Hon'ble the Chief Justice "are in position at present". The number has now risen to 34. There are 27 Court Rooms. "Two of the Hon'ble Judges have been accommodated in improvised Court Rooms" which are wholly unsuitable. It has been further pointed out "that steps to provide more Court Rooms are being taken as a result of which 30 regular Court Rooms shall become available. There is a provision for the construction of another 10 regular Court Rooms in the extension Phase-II of the High Court building, but the construction work therefor is yet to be started by respondent No. 2" viz. the Union Territory of Chandigarh. 6. With regard to the houses, it has been stated that "in all 26 Judges' houses including that of Hon'ble the Chief Justice ----- are at the disposal of this Court. Apart from this, six houses have been requisitioned by respondent No. 2. One house being used as guest house and the other having been allotted to the Registrar, 24 Judges' houses are available for allotment." 7. The position regarding Subordinate courts has been explained in the additional reply. It has been inter-alia pointed out that new Court complexes are needed at different places in the States of Punjab and Haryana. 8. With regard to the latter petition (viz. CWP No. 10429 of 1995 ), wherein it has been alleged that the air-conditioning "is virtually non-existent," the reply on behalf of the respondents has been filed by Mr. S.L. Aggarwal, Superintending Engineer, Union Territory, Chandigarh. It has been stated that "although the air-conditioning system is functioning, yet it may require replacement/modification with latest equipment which has become available in the market with the advancement of technology. In the earlier stages, the existing system had been working satisfactorily because there was lesser litigation, and therefore, number of persons attending the Courts was comparatively lesser." The Chandigarh Administration has already written to the Govt. of India "to allocate additional funds for modernisation of central air-conditioning facility in the Punjab and Haryana High Court. The amounts are to be sanctioned by the Central Government in terms of approval by the Planning Commission." It has also been stated that "that plant is 40 years old and is functioning on old technology." A chart indicating the temperature in various Court rooms on August 9, 1985, has been attached presumably with the object of showing that 10 years back, the plant was effective. A copy of the letter dated 28/31-7-1995 sent by the Governor of the State of Punjab to the Law Minister, Govt. of India pointing out the factual position with regard to residential accommodation, shortage of Court rooms, inadequacy of the air- conditioning plant has been produced as Annexure R-1 with the written statement. Yet, in spite of acknowledging the need, it has been prayed that the writ petition be dismissed. 9. We have heard learned counsel for the parties. On behalf of the petitioner, Mr. S.D. Sharma, President of the Bar Association has emphasized the need for suitable accommodation and working conditions so as to enable the Courts to discharge their judicial functions effectively. On behalf of the respondents, it was urged that adequate steps were being taken to meet the needs. Is it so ? 10. Though rich in resources and manpower, we are a poor nation. Though the best amongst us are as good as the best anywhere in the world, yet, we have not developed a work culture. As a result, we produce very little. We continue to borrow and remain under debt. Conscious of this situation, the Judges are always reluctant to ask for anything unless it becomes absolutely essential and unavoidable. However, normal working conditions are a bare minimum necessity. Adequate place to work, reasonably functional Court rooms and a convenient place to stay are, we venture to think, the rightful due of all judicial officers irrespective of their rank and place of posting. The demand made by the bar in this behalf is absolutely just and fair. 11. Justice is the first preambulatory promise that the Constitution makes to the people of this country. However, it does not get the same priority in the Union Budget. Resultantly, there are perennial shortages of funds and delays even in meeting with the basic needs. It has even come to our notice that there is a very acute shortage of stationery in various courts. As a result, the working suffers. It is time that the society realises the need for providing the basic necessities so that the Courts can discharge their functions effectively and efficiently. A functional Court room, a house and daily requirements of stationery are basic necessities. Every Judge needs these. Government is bound to meet these requirements. 12. Like almost everything else in Chandigarh, even the High Court building was designed by foreign architects. They were men of distinction. However coming from cold country, they probably did not realise that Chandigarh could be very hot and without any provision for cross-ventilation, the atmosphere in the Court-rooms could be suffocating. The building was initially designed to accommodate only 9 Judges. Subsequent additions have also been broadly on the same lines. There is no provision for cross-ventilation. As a result, it is necessary that the rooms are effectively air-conditioned. Otherwise, as alleged by the petitioner, the conditions are 'paralysing'. During summer, it is a common sight that the lawyers have a small towel in one hand and the brief in the other. 13.The fact that the air-conditioning is not effective, has been acknowledged by the respondents in the written statement. It is also in the affidavit that in spite of the requests, the funds have not been released by the Govt. of India. 14. We are conscious of the fact that economy is itself a source of revenue. Austerity is a virtue. Presuming that only Judiciary is expected to be virtuous, we feel compelled to direct the respondents to provide the basic necessities. 15. Taking the totality of circumstances into consideration, we direct the respondents to :- (1) Complete the work of the construction of additional Court-rooms in the High Court so that these are ready and available within one year from the date of receipt of copy of this order; (2) The State of Punjab should proceed to provide new Court complexes immediately at Amritsar, Sangrur, Ludhiana and Patiala. The work at other places should also be undertaken without any avoidable delay; (3) The State of Haryana should provide new and suitable Court complexes at Ambala, Karnal, Rohtak, Yamuna Nagar, Panipat, Rewari, Kaithal and Panchkula. The needful should be done without any avoidable delay; (4) Residential accommodation should be provided by the Govt. to the Judges of this Court and the other judicial officers soon after their posting. In case residential accommodation is not readily available, the Govt. shall requisition houses and make them available to the judicial officers. The houses should be commensurate with the status and needs of the officers; (5) The Union Territory of Chandigarh shall start work for the installation/up-gradation of the air-conditioning unit forthwith. It should be completed within six months; (6) The States of Punjab and Haryana shall ensure that adequate stationery is provided to all the Courts within one month from the date of the receipt of the copy of this order. Both the writ petitions are disposed of in the above terms. In the circumstances of the cases, there will be no order as to costs.
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