Allahbad: The Allahabad High Court recently observed that Parliament and State legislatures should consider adding a “litigation impact assessment” clause in every new bill. The Court said that such a step can help anticipate the burden that new laws place on courts.
The observation came from a Division Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai while hearing a suo motu public interest matter on the creation of additional courts in Uttar Pradesh.
The Bench said that there is rising number of cases across courts. It noted that new cases continue to be filed at a steady rate. At the same time, pendency does not show any real decline.
“We also take judicial notice of the fact that right of speedy trial is a mandate given by the Constitution of India to all its citizens in fulfillment of which the judiciary, executive and legislature are duty bound to do all that is necessary. It is noticed that there is a steady rate of institution of litigation on one hand while the rate of pendency has also not decreased and there is dire need to take holistic view of the entire situation and seek solutions before it is too late,” it noted.
The Court said that the right to a speedy trial is not optional and that it is a constitutional guarantee that requires coordinated action.
The bench noted that each law affects legal rights and it may create new rights or change existing ones. This process inevitably leads to disputes and litigation.
“In this regard, after careful consideration, it would be in fitness of things if that the Parliament of India as well as the State legislatures may consider incorporating a clause in all the bills for“Litigation Impact Assessment” whenever a new bill is introduced and passed in the legislature,” it noted.
The Court said that early assessment can help authorities prepare. It allows planning for judges, courtrooms, and budgets before the surge in cases begins.
The Court referred to cases under Section 138 of the Negotiable Instruments Act. These cases deal with cheque dishonour and form a large chunk of criminal litigation.
“A simple example is with regard to amendment in Section 138 of the Negotiable Instruments Act due to which half a dozen of judicial magistrates in each districts are dealing exclusively with such matters pertaining to cheque bouncing and simply at the time of passing of the bill, assessment if had been made regarding the increase in the number of additional courts could have been created before hand to tackle such additional fresh institution,” it said.
The matter is listed for May 19, 2026.
