Govt plans courts for cases involving Rs 5 crore or more

New Delhi: The Government wants special courts to settle disputes involving Rs 5 crore and above to facilitate industry. But legal experts have denounced the move terming it unfair to set up courts especially for the rich.

In December 2009 there were over 3 crore cases pending in courts across the country.

A World Bank report also says India ranks very low when it comes to legal environment for doing business. In fact India is ranked 122 in a list of 188 countries.

But now the Government wants to change this with the Commercial Division of High Courts Bill 2009 envisaging fast tracking high value cases involving Rs 5 crore.

The Rajya Sabha Select Committee where the bill is being studied is questioning the constitutional validity with the Left and the BJP asking how can there be courts for the rich and the poor.

Even eminent jurists feel that the bill will violate the Fundamental Rights.

"It is unfortunate that this discrimination, so flagrant, is not noticed by the government, which moves this bill," said justice Krishna Iyer.

Law Minister Veerappa Moily, though, is denying that the proposed legislation is discriminatory in nature.

"A series of World reports say making investment in India is very difficult. We have been classified among the nation where investors are not attracted where the cases are not disposed off," said Moily.

In August 2009, Moily was forced to withdraw the controversial Judges Declaration of Assets Bill after an uproar from a united Opposition.

The Commercial Division of High Courts Bill, too, could face the same fate.

Sources say the Opposition could force a division if the Government looks to push it through in which case the Congress will be faced with an embarrassing situation given the party's lack of numbers in Rajya Sabha.