Think of load on courts before new laws: SC to Centre

The Court regretted that such an assessment had not been done ‘‘for the last 50 years’’. The directions came in the judgement on a petition challenging amendments made to the Civil Procedure Code by inserting mediation, conciliation and arbitration provisions in it.

The bench also conveyed its displeasure on frivolous litigation, which it said was one of the major reasons for delay in civil cases. The court favoured imposition of heavy costs on anyone indulging in such a practice.

The PILs filed by Salem Advocates Bar Association and Bar Association of Batala had challenged the amendments to Section 89 of CrPC, which empowered the courts to refer a matter for conciliation, mediation or arbitration if it involved a dispute over facts and not any point of law. The amendments had evoked criticism from lawyers bodies.

The apex court then referred the matter to an expert committee, headed by Law Commission Chairman M Jagannadha Rao, which in turn submitted three reports. The court said in civil cases involving the Government, if the latter did not respond to statutory notices, then the courts should impose heavy penalty.

Among other suggestions, the court told the Centre to see if it could bear mediation and conciliation costs, arrange for speedy nomination of conciliation officers and get the high courts to adopt the case flow management model.