The Supreme Court of India has emphasized its responsibility to order performance audits of laws when statutory schemes fail to achieve their intended objectives. In a recent judgment, the Court stated that such audits are warranted when statutory procedures are “gridlocked in bureaucratic or judicial quagmires that impede or delay statutory objectives.” This facilitative role of the judiciary promotes debate and discussion but does not compel legislative reforms.

The Court highlighted that before directing a performance audit, there must be a prima facie conclusion that the statutory schemes have failed to ameliorate the conditions of the beneficiaries. This conclusion should be based on demonstrable judicial data or other cogent material.

This perspective aligns with the Court’s earlier directive to the Bombay High Court to conduct a performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The Court noted that despite the Act’s beneficial intent, its implementation has led to significant litigation, with over 1,600 cases pending before the High Court, some for more than a decade.

The Supreme Court’s stance underscores the judiciary’s role in ensuring that laws function effectively and serve their intended purpose, especially when administrative or procedural inefficiencies hinder their implementation.

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