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INDEX

S. No.

Question No. Question Type

Date Subject Division

1. Question No.739 Unstarred 07.02.2018 Shortage of Judges National Mission

2. Question No. 744 Unstarred 07.02.2018 Online Mechanism for Court Proceedings eCourt

3. Question No. 770 Unstarred 07.02.2018 Quantum of Divorce Cases Registered Justice-II

4. Question No.774 Unstarred 07.02.2018 Transparency in Judiciary Desk Side

5. Question No.790 Unstarred 07.02.2018 Gram Nayaylayas National Mission

6. Question No.793 Unstarred 07.02.2018 Time taken for Disposal of cases National Mission

7. Question No. 796 Unstarred 07.02.2018 Vacancy in Lower Judiciary National Mission

8. Question No. 805 Unstarred 07.02.2018 Number of Courts National Mission

9. Question No. 866 Unstarred 07.02.2018 Recruitment of Retired Judges Desk Side

10. Question No. 868 Unstarred 07.02.2018 All India Judicial Services National Mission

11. Question No. 871 Unstarred 07.02.2018 Fast Track Courts National Mission

12. Question No. 874 Unstarred 07.02.2018 Special Court’s for MP’s and MLA’s Justice-II

13. Question No *168 Starred 07.03.2018 CCTV Footage under RTI National Mission

14. Question No. *172 Starred 07.03.2018 Special Courts for Pending Cases National Mission

15. Question No. 1895 Unstarred 07.03.2018 Legal Aid Services Legal Aid to Poor

16. Question No.1930 Unstarred 07.03.2018 AIJS National Mission

17. Question No. 1969 Unstarred 07.03.2018 Evening Courts Justice-II

18. Question No.1982 Unstarred 07.03.2018 Delay in Justice Delivery National Mission

19. Question No.2008 Unstarred 07.03.2018 Special Benches of High Courts Desk Side

20. Question No.2029 Unstarred 07.03.2018 Accessibility of Legal Service Legal Aid to Poor

21. Question No.2036 Unstarred 07.03.2018 Appointment of Ombundsman Desk Side

22. Question No.2040 Unstarred 07.03.2018 Upgradation of Courts National Mission

23. Question No.2045 Unstarred 07.03.2018 Mobile Courts National Mission

24. Question No.2050 Unstarred 07.03.2018 Judiciary under Pressure Desk Side

25. Question No.2058 Unstarred 07.03.2018 Fast Track Courts Justice-II

26. Question No. 3035 Unstarred 14.03.2018 Criminal Justice Reforms National Mission

27. Question No. 3095 Unstarred 14.03.2018 Representation of Women in Judiciary National Mission

28. Question No. 3164 Unstarred 14.03.2018 Tele-Law Scheme JS(SCB)/A2J

29. Question No. 3174 Unstarred 14.03.2018 Judges from SC/ST/OBC Category Desk Side

30. Question No. 3180 Unstarred 14.03.2018 Special Courts for Politicians Involved in Corruption Cases

Justice-II

31. Question No. 4163 Unstarred 21.03.2018 Probation of Offenders Act AU(II)

32. Question No. 4164 Unstarred 21.03.2018 Disposal of Pending Cases National Mission

33. Question No. 4168 Unstarred 21.03.2018 Pending Court Cases National Mission


35. Question No. 4221 Unstarred 21.03.2018 FTCs in Jharkhand Justice-II

36. Question No. 4229 Unstarred 21.03.2018 e-Courts Mission Mode Project eCourts

37. Question No. 4241 Unstarred 21.03.2018 Appointment of Judges National Mission

38. Question No. 4248 Unstarred 21.03.2018 Disagreement over Judicial Appointments Desk Side

39. Question No. 4343 Unstarred 21.03.2018 Justice Clock System eCourts

40. Question No. 4163 Unstarred 21.03.2018 Probation of Offenders Act AU-II

41. Question No. 4164 Unstarred 21.03.2018 Disposal of Pending Cases National Mission



44. Question No. 4221 Unstarred 21.03.2018 FTCs in Jharkhand Justice-II

45. Question No. 4229 Unstarred 21.03.2018 e-Courts Mission Mode Project eCourts

46. Question No. 4241 Unstarred 21.03.2018 Appointment of Judges National Mission

47. Question No. 4248 Unstarred 21.03.2018 Disagreement over Judicial Appointment Desk Side

48. Question No. 4343 Unstarred 21.03.2018 Justice Clock System eCourts

49. Question No. *521 Starred 04.04.2018 Slow / Under-Staffed Justice System National Mission

50. Question No. 5981 Unstarred 04.04.2018 Allegations against CJI Desk Side

51. Question No. 5997 Unstarred 04.04.2018 Opposition to AIJS National Mission


53. Question No. 6090 Unstarred 04.04.2018 Functioning of FTCs Justice-II

54. Question No. 6107 Unstarred 04.04.2018 Return/Upkeep of Confiscated/Recovered Items

National Mission

55. Question No. 6111 Unstarred 04.04.2018 Appointment of Judges Desk Side

56. Question No. 6128 Unstarred 04.04.2018 Legal Assistance to Survivors of Sexual Violence

Legal Aid to Poor

57. Question No. 6142 Unstarred 04.04.2018 Separate High Courts/Benches Desk Side

58. Question No. 6150 Unstarred 04.04.2018 Village/Family/Lower Courts National Mission

59. Question No. 6161 Unstarred 04.04.2018 Two-Tier Recruitment Process for Judges National Mission

60. Question No. 6162 Unstarred 04.04.2018 Hindi as Official Court Language Justice-I

GOVERNMEN'°f OF INDIA MINISTRY OF LAW & JUSTICE

DEPARTMENT OF JUSTICE

LOK SABHA

UNSTARRED QUESTION NO. 739

TO BE ANSWERED ON WEDNESDAY, THE Q7TH FEBRUARY, 2018.

Shortage of Judges

739. SHRI GEORGE BAKER: SHRI ALOK SANJAR: PROF. RICHARD HAY;

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) the details of the number of lower courts and high courts functioning across the country, State I UT-wise including West Bengal and Kerala;

(b) the details of the number of Judges working in these courts along with the judges to cases ratio, at present;

(c) the details of the sanctioned strength of the Judges in courts across the country; (d) whether there is any difference between the sanctioned strength and the actual

strength; (e) if so, the steps taken/being taken by the Government to bridge this gap; (f} whether the Government proposes to establish more courts and appoint more

Judges in various courts; and (g} if so, the details thereof and the time by which the vacant posts of Judges in

proportion to the number of cases are likely to be filled in the country?

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY)

(a) to (d): The sanctioned and working strength of 24 High Courts in the country are 1 ,079

and 676 respectively. As per information made available by High Courts and State

Governments, the State I UT - wise details of sanctioned I working strength and vacancies

of Judicial Officers of District and Subordinate Courts in the country are given in Statement

at Annexure. On the basis of available information, the judge-case ratio in the District and

Subordinate Courts of the country is calculated to be 1175 cases per judge.

(e) to (g) : The new courts at District and below District I Subordinate level are established

by the respective State Governments in consultation with the concerned High Courts and

the Union Government doesn't have a role in establishing new courts at district I

subordinate level . As per the Constitution, the selection and appointment of judges in

\ '

' \

subordinate courts is the responsrbillty of"1 State Governments and the High Courts

concerned. The Supreme Court, through a judicial order in Malik Mazhar case, has

devised a process and time frame to be followed for the filling up of vacancies in

subordinate judiciary. This order _of January 2007 by the Supreme Court stipulates that the

process for recruitment of judges in the· subordinate courts would commence on 31st

March of a calendar year and end by 31st October of the same year. The Supreme Court

has permitted State Governments I High Courts for variations in the time schedule in case

of any difficulty based on the peculiar geographical and climatic conditions in the State or

other relevant conditions. The Union Government does not have a role under the

Constitution in the selection and appointment of judicial officers in District I subordinate

judiciary.

******Ir********

I' '

~ Annexure Statement referred to Lok Sabha Unstarred Question No. 739 for reply on 07.02.2018

State I UT wise details of' Sanctioned I Working Strength and Vacancies of Judicial Officers in District and Subordinate Courts

SI. Name of Sanctioned Strength Working Strength Vacancies No States/UTs 1 Andhra Pradesh 987 873 114

& Telanaana** 2 ArunachalPradesh 28 17 11 3 Assam 428 352 76 4 Bihar 1828 993 835 5 Chhattisaarh 398 335 63 6 Goa 55 43 12 7 Gujarat 1496 1121 375 8 Harvana 645 496 149 9 Himachal Pradesh 159 148 11 10 Jammu & Kashmir 253 224 29 11 Jharkhand 672 419 253 12 Kamataka 1303 976 327 13 Kera la*** 535 455 80 14 Madhya Pradesh 2021 1293 728 15 Maharashtra 2097 1930 167 16 Maniour 49 40 09 17 Meohalava 97 39 58 18 Mizoram 63 46 17 19 Nagaland 34 22 12 20 Orissa 862 658 204 21 Punjab 674 538 136 22 Rajasthan 1225 1122 103 I

23 Sikkim 23 18 5 24 Tamil Nadu* 1257 916 341 25 Tripura 107 76 31 26 Uttar Pradesh 3204 1856 1348 27 Uttarakhand*** 291 231 60 28 West Bengal 956 916 40 29 A & N Island 11 11 0 30 Chandigarh 30 30 0 31 D & N Haveli and 7 7 0

Daman & Diu 32 Delhi 799 482 317 33 Lakshadweep 3 2 1 34 Pondicherry 25 22 03

Total 22622 16707 5915 *as on 7.11.2017 /**as on 31.10.2017 / ...... as on 30.11.2017

GOVERNMENT .OF INDIA

MINISTRY OF LAW AND JUSTICE (DEPARTMENT OF JUSTICE.)

• LOK SABHA

UNSTARRED QUESTION No. 744 TO BE ANSWERED ON WEDNESDAY, THE 7th FEBRUARY, 2018

Online Mechanism for Court Proceedings

744. SHRI KALIKESH N. SINGH DEO:

Wiii the Minister of LAW AND JUSTICE be p1leased to state:

(a) Whether there is any Online application O:r online

mechanism to track the court proceedings, status

and judgements for the courts in the country;

(b) if so, the details thereof; and

(c) if not, the initiatives tak.en by the Government t.o

address the issue?

ANSWER

MINISTER OF STATE. FOR LAW & JUSTICE AND

CORPORATE AFFAIRS (SHRI 1P. P. CHAUDHARY)

(a) to (c) Ye$ Madam. The eCourts portal

(http://www.ecourts.gov.in) provides an 0'11ine mechanism to

stakeholders such as litigants, advocates and members of

Judiciary to track the court p·roceedings, status and judgments

for the computerized district and subordinate courts in the

country. The National Judicial Data Grid (NJDG) portal provides statistical information of court cases pan country,

State-wise and district-wise. eCourts services such as details of case registration, cause list, case statu,s, daily orders, and

final judgments are also made available to litigants and

advocates through SMS (Push and Pull), email and mobile application. T he eCourts mobile app with the facility of QR Code offers services under different captions viz. Search by

CNR, Case Status, Cause List and My Cases for use of litigants

and lawyers, is available at, present. At present, litigants can

access case status information in respect 01f 9.38 crore cases

, ,and 5.85 crore orders I judgments.

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE


LOK SABHA

UNSTARRED QUESTION N0.770

TO BE ANSWERED ON WEDNESDAY, THR 07.02.2018

Quantum of Divorce Cases Registered

770. SI IRI SANKAR PRASAD DATTA:


(a) the number of divorce cases rcgistcred/dispused of in various courts in the country during each of the last three years, court-wise;

(b) whether lhe Government is taking adequate steps to expedite the disposal of divorce cases including setting up of special courts in this regard and if so, the details thereof:

(c) whether the Government proposes to amend the Hindu Ma1Tiagc Ad, 1955 and the Special Marriage Act, L 954: and

( d) if so, the details and the present status thereof'?

ANSWER

Minister of State for Law & Justice and Corporate Affairs {SHKI P.P. CHAUDHARY)

(a) & (b): No data relating to divorce cases is maintained separately. However, as per the information furnished by the High Courts, a statement giving details of cases pending in Family Courts. State/UT-wise. which intcr-alia includes divorce cases, is given in the Anncxure. In the Chief Ministers' and Chief Justices' Conference, 2015. directions have been issued to all High Courts to regularly monitor and take necessary steps for early disposal or such cases. Setting up of subordinate courts which includes Special Courts. b within the domain of the State Governments and respective High Courts who set up such court as per their need and resources.

(c) & (d): At present. there is no proposal to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.

•. t\NNEXURE REFERRED TO IN PARTS (A) & (B) OF LSUSQ N0.770 TO BE ANSWERED ON 07.02.2018 ASKED BY SHRI SANKAR PRASAD DATTA, MP.

SI.No. NAME OF THE STATEs/UTs NO. OF CASES PENDING AS ON 31.12.2017

Andhra Pradesh, Telengana

1 24529 2 Assam, Arunachal Pradesh, 5693

Nagaland, Mizoram

3 Bihar

46735

4 Chhattisgarh

12012

5 Delhi

30333

6 Gujarat

30987

7 Haryana

18963

8 Jharkhand

10871

9 Karnataka

27174

10 Kerala

61970

11 Madhya Pradesh

41028

12 Maharashtra

35349

13 Manlpur

597

14 Odis ha 31212

15 Punjab

4489

16 Puducherry

971

17 Rajas than 31890

18 Sik'.kim ' 165

19 Tamil Nadu 21672

20 Tripura 2121

21 Uttar Pradesh

264409

22 Uttarakhand 9201

23 West Bengal

1140 Total 713511

At present, there is no family court in the States of Goa, Himachal Pradesh and Meghalaya.

GOVERNMENT~OF INDIA MINISTRY OF LAW AND JUSTICE


LOK SABHA UNSTARRED QUESTION NO. 774

TO BE ANSWERED ON WEDNESDAY, THE 07.02.2018

Transparency in Judiciary

774. SHRI TEJ PRATAP SINGH YADAV: SHRIMATI ANJU BALA:


(a)whether the existing judicial system in the country lacks transparency particularly in the appointment of judges;

(b)if so, whether the long-pending Memorandum of Procedure (MoP) for appointment of judges has resulted in huge vacancy in judiciary, adversely affecting justice delivery system;

{c)if so, the current status of MoP; and

(d)the steps taken/being taken by the Government to address the prevailing challenges in judicial system of the country?

ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE

AFFAIRS

(SHRI P.P. CHAUDHARY)

(a) to (d): The Supreme Court of India vide order dated 16.12.2015 in

Writ Petition (Civil) No. 13 of 2015 for improvement in the "Collegium

System", directed the Government to finalize the existing

Memorandum of Procedure ( MoP) by supplementing it in consultation

2-

-2-

with the Supreme Court Collegium taking into consideration factors

such as eligibility criteria, transparency, establishment of Secretariat,

and mechanism to deal with complaints. The Government of India

after due deliberations, proposed changes in the existing MoP and the

draft MoPs were sent to the Hon'ble Chief Justice of India vide letter

dated 22.03.2016. The response of the Chief Justice of India thereon

was received on 25.05.2016 and 01.07.2016. The views of the

Government were conveyed to the Chief Justice of India on

03.08.2016. The inputs on the MoP of the Supreme Court Collegium

was received from Chief Justice of India vide letter dated 13.03.2017.

Meanwhile, in another judgment dated 4.7.2017 of Supreme Court

in a "suo moto" contempt proceeding against a Judge of the Calcutta

High Court, the Supreme Court has underlined the need to revisit the

process of selection and appointment of Judges to the Constitutional

Courts. The Government of India has conveyed the need to make

improvement on the draft MoP to the Secretary General of the

Supreme Court vide letter dated 11.07.2017.

As the process of finalizing the supplementation of the existing

Memorandum of Procedure (MoP) was likely to take some time, at the

initiative of the Government, the matter of continuing the appointment

process was taken up with Supreme Court and it is continuing in

accordance with the existing MoP to fill the vacancies of Judges in the

Supreme Court and the High Courts. 3/-

·.

3/-

During 2.016, 4 Judges in the Supreme Court and 14 Chief

Justices of High Courts were appointed. Besides, 126 fresh

appointments of Judges were made. in High Courts which is the

highest number in a calendar year. During 2017, 5 Judges in the

Supreme Court, 8 Chief Justices of High Courts and 115 fresh

appointments of Judges in the High Courts have been made. During

2018, as on 01 .02.2018, 3 fresh appointments of Judges in the High

Courts have been made.

The prevailing challenges facing the Judiciary are largely to be

addressed by the Judiciary as it is an independent organ under the

Indian Constitution. The Government is committed to the independence

of Judiciary and does not intervene in its functioning.

****

GOVERNMENi OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA

UNST ARRED QUESTION NO. t790

TO BE ANSWERED ON WEDNESDAY, THE 07TH FEBRUARY, 2018.

Gram Nayayalayas

t790. SHRI LAKHAN LAL SAHU:

Will the Minister of LAW ANO JUSTICE be pleased to state:

(a) whether the Government has any proposal to set up Gram Nayayalayas to provide speedy, effective and easy justice to the people at their doorsteps and to curtail the number of pending cases;

(b) if so, the details and the present status ther&of; (c) whether the Government has requested the States to implement the Gram

Nayayalayas Act on an urgent basis; (d) if so, the State I UT~wise details of the demands made for th& implementation of

the Gram Nayayalayas Act and the actions taken by the Government thereon; (e) the details of the Central assistance provided to each State and Union Territory

for setting up of Gram Nayayalayas during the last three years and the current year; and

(f) the time by which Gram Nayayalayas are likely to be functional in all the States?

ANSWER


(a) to (c): In terms of Section 3 (1) of the Gram Nyayalayas Act, 2008, the State

Governments are responsible for establishing Gram Nyayalayas in consultation with the

respective High Courts. The Central Government has been requesting States and High

Courts for establishment of Gram Nyayalayas in the respective States. The Gram

Nyayalayas Act, 2008 provides special procedure for both criminal and civil disputes.

Section 19 (1) of the Act inter.alia provides for summary procedure for criminal offences.

Section 24 of the Act inter-alia provides that hearing shall be continued on day to day

basis until its conclusion and that suit, claim, application, filed ~nder the Act shall be

disposed of within a period of six months from the date of its institution.

(d) & (e): State-wise details of Gram Nyayalayas notified and operationalised by the State

Governments so far, and the financial assistance provided to State Governments during

last three years and current year for setting up of Gram Nyayalayas are as under:

(Rs. in lakh] s State Notified Functional 2014-15 2015-16 20116-17 2017-18

No

1 Madhya Pradesh 89 89 0.00 0.00 0.00 0.00

2 Rajasthan 45 45 71 .78 0.00 0.00 0.00 3 Karnataka 2 0 0.00 0.00 0.00 0.00 4 Orissa 16 13 0.00 211 .00 0.00 0.00

5 Maharashtra 23 23 100.80 0.00 0.00 79.00 6 Jharkhand 6 1 0.00 0.00 0.00 0.00

7 Goa 2 0 0.00 0.00 0.00 0.00

8 Punjab 2. 1 0.00 . 0.00 0.00 0.00

9 Haryana 2 2 0.00 0.00 0.00 0.00

10 Uttar Prade·sh 104 4 127.42 0.00 500.00 346.00

11 . Kera la 30 30 0.00 0.00 0.00 375.00

Total 321 208 300.00 211.00 500.00 800.00

(f) : The issues affecting operationalization of the Gram Nyayalayas were discussed in the

Conference of Chief Justices of High Courts and Chief Ministers of the States on 7th April ,

2013. It was, inter-alia, decided in the Conference that the State Governments and High

Courts should decide the question of establishment of Gram Nyayalayas, wherever

feasible, taking into account the local issues and situation.

***************

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 071H FEBRUARY, 2018.

Time Taken for Disposal of Cases

793. SHRI B.N. CHANDRAPPA:


(a) whether it is true that some high courts are taking up to an average of four years to dispose of cases in the country;

(b) if so, the reasons therefor; (c) whether the Government has taken note of the fact that the situation is still

worse in the subordinate courts in the country; (d) if so, whether the Government has any proposal to set a time limit for disposal of

the cases in all the courts including high courts and subordinate courts; and (e) if so, the response of the Government in this regard and the steps being taken to

address the issue?

ANSWER


(a) to (c): Disposal of cases in courts is within the domain of the judiciary. The time taken

for disposal of a case depends on several factors such as category of the case (civil or

criminal), complexity of the facts involved, nature of evidence, co-operation of stake

holders viz. bar, investigation agencies, witnesses and litigants besides the availability of

physical infrastructure, supporting court staff and applicable rules of procedure.

(d) & (e): No time frame has been prescribed for disposal of various kinds of cases by the

respective courts. Government has no role in disposal of cases in courts. The Central

Government is fully committed to speedy disposal of cases in accordance with Article 21 of

the Constitution. It has undertaken many steps towards achieving this objective. One of

these steps is, strengthening of judicial infrastructure in districts through the Centrally

Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary

wherein a total of Rs. 6,020 crore has been released since 1993-94, out of which Rs.

2,575 crore (42.77%) has been released since April, 2014. 17,798 Court Halls and 13,759

Residential Accommodations have been made available for Judicial Officers of District and

Subordinate Courts as on date. Out of this "'1 ,980 Court Halls and 3,548 Residt:ntial

Accommodations were constructed since 2014 to till date. In addition, 2,966 Court Halls

and 1,692 Residential Accommodations are under construction. The Central Government

has approved continuation of the Centrally Sponsored Scheme (CSS) for Development of

Infrastructure Facilities for Judiciary beyond the 1ih Five Year Plan period i.e. from

01.04.2017 to 31 .03.2020 with an estimated outlay of Rs.3,320 crore.

Under the Phase-I of the eCourts Mission Mode Project undertaken by the Central

Government from 2010 to 2015, against a total target of computerisation of 14.249 courts.

the computerisation of 13,672 district and subordinate courts has been achieved. This

includes the installation of hardware, the LAN and software. This has enabled the courts

to upload the case status and orders online. Status of cases and copies of judgments

have also been made available on the websites of the respective District and Subordinate

Court Complexes which have been computerised. Rs. 935.00 crore were allocated for

Phase - I out of which Rs. 639 .41 crore were utilized.

In the Phase II of the eCourts Mission Mode Project (July, 2015 upto 31 March

2019) an outlay of Rs.1 ,670 crores has been approved and Rs.921 .75 crore have been

released so far. The facilities of e-services such as cause lists, case status, daily orders,

judgments etc. are being provided under the supervision of e-Committee of the Supreme

Court and Computer Committees of respective High Courts. A total of 16,089 Courts have

been computerised under the eCourts Project till date. Video Conferencing facility has

also been opertionalised between 488 court complexes and 342 corresponding prisons

during the period 2015-17. The National Judicial Data Grid (NJDG) developed under this

project provides updated information on civil and criminal cases, including pending cases.

for the computerised district I subordinate courts in the country.

Another initiative that has been undertaken with a focus to improve access to

justice is the Tele Law Scheme launched on 201h April , 201 7, whiGh is an effort to provide

legal advice pro-actively to the marginalised sections of society through Common Service

Centres (CSCs)., This initiative facilitates delivery of legal advice through an expert panel

of lawyers stationed at the State Legal Service Authorities (SLSA). Under this Scheme,

Para Legal Volunteers (PLVs) connect potential litigants with lawyers through video

conferencing facilities at CSCs which are, operated by Village Level Entrepreneurs. The

Scheme has been launched in 1800 Gram Panchayats in 11 States (U.P., Bihar, J&K.

Assam, Arunachal Pradesh, Meghalaya, Mizoram, Manipur, Tripura, Nagaland, Sikkim). A

' ·· total of 12,218 cases have been registered by PLVs under the scheme and legal advice

has been provided in 9,094 cases. The Government has also launched a scheme for Pro

Bono Legal Services in April, 2017 in which interested lawyers and litigants can register on

the website (www.doj.gov.in) to provide and avail pro-bono legal services as may be

required . So far, 202 lawyers have registered on the portal and more than 298 cases have

been assigned for pro bono assistance. In order to reduce cases pending in courts for

over 10 years, the Government has recently introduced Nyaya Mitra Scheme covering 227

selected districts of 16 States. Under the Scheme, retired judicial officers are engaged

and designated as 'Nyaya Mitra' to facilitate expeditious disposal of the cases pending

over 10 years. In the first Phase, 15 Nyaya Mitras have been engaged.

GOVERNMENT'OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA

UNSTARRED QUESTION 'NO. 796


Vacancy in Lower Judiciary

796. SHRI Y. V. SUBBA REDDY:


(a) whether it is true that vacancies in lower courts are at an all time high; (b) if so, the details of the vacancies, State-wise; (c) whether the Government is persuading the States to fill up all these vacancies; (d) whether the Government intends to provide a one-time financial assistance 'for

five year$ to the States to fill these vacancies; and (e) if so, the details thereof and if not, the reasons therefor?

ANSWER


(a) & (b): At present, as per available information 5,925 posts of judicial officers in district

and subordinate courts are vacant in all the States and UTs. The State I UT - wise details

of vacancies of judicial officers in District and Subordinate Courts are given in a Statement

at Annexure.

(c) : As per the Constitution , the selection and appointment of judges in subordinate courts

is the responsibility of State Governments and the High Courts concerned. The Supreme

Court has delivered a series of significant decisions on the subject. These include the All

India Judges' Association case where the Supreme Court directed that the number of

judges should be increased, in the first instance by filling up the existing vacancies

followed by an increase in the judge strength in a phased manner. In the Malik Mazhar

Sultan case the Supreme Court devised a process and time schedule to be followed by the

High Courts and State Governments for the filling up of judicial vacancies. In April, 2012

the Supreme Court issued a direction in the Brij Mohan Lal case requiring that 10%

additional posts should be created in the subordinate judiciary. Issues relating to

increasing judicial strength and filling up of vacancies have also been discussed

extensively in the Joint Conference of Chief Ministers and Chief Justices of High Courts

held in August, 2009 and in April, 2013 and during' meetings of the Advisory Council of the

National Mission for Justice Delivery and Legal Reforms. Following this, several

communications in this regard have been exchanged with the State Governments and

High Courts. Some of the reasons for delays in filing up of vacancies, as indicated by the

High Courts, are inability to find suitable candidates, pending court cases challenging

previous recruitments and difficulties in coordination between High Courts and State Public

Service Commissions. Based on these responses, letters were written to the Chief

Justices of all High Courts with a list of actionable points that might be considered to

address each of these issues. This issue was also raised at the ih Advisory Council

Meeting of the National Mission of Justice Delivery and Legal Reforms where it was

discussed that there may be a need for adding some flexibility in the recruitment rules for

subordinate court judges to allow multiple sources for direct recruitment of eligible

candidates. During the video conference held recently with Registrars General of all High

Courts and Law Secretaries of all State Governments I UTs, the need to filling up of vacant

posts of judicial officers in District .and Subordinate Courts was emphasised.

(d) & (e): The responsibility of filling up of vacancies in District and Subordinate Courts

vests with respective High Courts and State Governments under the Constitution. The

union Government does not provide any financial assistance towards filling up of these

vacancies.

***************

·'• '

•. Annexure

Statement referred to Lok $.abha Unstarred Question No. 796 for re.ply on 07.02.2018 regarding Vacancy in Lower Judiciary.

Details of vacancies of Judicial Officers In District and Subordinate Courts SI. No. Name of States I UTs Vacancies of judicial officers of

District and Subordinate· Courts 1. Uttar Pradesh 1,348 2. Bihar 835 3. Madhya Pradesh 728 4. Gujarat 375 5. Tamil Nadu 341 6. Karnataka . 327 7. Delhi 316 8. Jharkhand 253 9. Orissa 204 10. Maharashtra 167 11. Haryana 149 12. Punjab 136 13. Andhra Pradesh &Telangana 114 14. Rajasthan 103 15. Kerala 80 16. Assam 76 17. Chhattisgarh 63 18. Uttarakhand 60 19. Meghalaya 58 20. West Bengal 40 21. Tripura 31 22. Jammu & Kashmir 29 23. Mizoram 17 24. Goa 12 25. Nagaland 12 26. Arunachal Pradesh 11 27. Himachal Pradesh 11 28. Mani our 9 29. Sikkim 5 30. Pondicherry 14 31. Lakshadweep 1 32. A& N Island 0 33. Chandigarh 0 34. D & N Haveli and Daman & Diu 0

Total 5,925 *************

GOVERNMEN"f. OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA

UNSTARRED QUESTION NO. t805

TO BE ANSWE.RED ON WEDNESDAY, THE 071H FEBRUARY, 2018.

Number of Courts

t805. SHRI PARBHUBHAI NAGARBHAI VASAVA:


(a) the State-wise details of the number of lower courts and High Courts in the country including the State of Gujarat;

(b) the State-wise details of the ratio of judges to cases in the courts established across the country including Gujarat;

(c) whether the said ratio is increasing across the country; (d) if so, the details thereof and the reasons therefor; and (e) the details of measures taken/being taken by the Government to overcome the

said difference? ANSWER

MINISTER OF STA.TE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY)

(a) to (d): As per information made available by High Courts and State Governments,

sanctioned strength of Judicial Officers of District and Subordinate Courts has increased

from 20,214 in the year 2014 to 22,623 in 2017 and sanctioned strength of Judges of High

Courts has increased from 906 to 1079. The State-wise details of sanctioned strength of

Judicial Officers of District and Subordinate Courts and the total number of pending cases

in District and Subordinate Courts (as available on the web-portal of National Judicial Data

Grid) along with judge-case ratio are given in a Statement at Annexure.

(e): The Central Government is fully committed to speedy disposal of cases in accordance

with Article 21 of the Constitution. It has undertaken many steps towards achieving this

objective. One of these steps is, strengthening of judicial infrastructure in districts through

the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for

Judiciary wherein a total of Rs. 6,020 crore has been released since 1993-94, out of which

Rs. 2,575 crore (42.77%) has been released since April , 2014. 17,798 Court Halls and

13,759 Residential Accommodations have been made available for Judicial Officers of

District and Subordinate Courts as on date. Out of this 1,980 Court Halls and 3,548

Residential Accommodations were constructed since 2014 to till date. In addition, 2.966

Court Halls and 1,692 Residential Accommodations are under construction. The Central

Government has approved continuation of the Centrally Sponsored Scheme (CSS) for

Development of Infrastructure Facilities for Judiciary beyond the 121h Five Year Plan period

i.e. from 01 .04.2017 to 31.03.2020 with an estimated outlay of Rs.3,320 crore.

Under the Phase-I of the eCourts Mission Mode Project undertaken by the Central

Government from 2010 to 2015, against a total target of computerisation of 14,249 courts,

the computerisation of 13,672 district and subordinate courts has been achieved. This

includes the installation of hardware, the LAN and software. This has enabled the courts

to upload the case status and orders online. Status of cases and copies of judgments

have also been made available on the websites of the respective District and Subordinate

Court Complexes which have been computerised. Rs. 935.00 crore were allocated for

Phase - I out of which Rs. 639.41 crore were utilized.

In the Phase II of the eCourts Mission Mode Project (July, 2015 upto 31 March

2019) an outlay of Rs.1,670 crores has been approved and Rs.921 . 75 crores have been

released so far. The facilities of e-services such as cause lists, case status, daily orders,

judgments etc. are being provided under the supervision of e-Committee of the Supreme

Court and Computer Committees of respective High Courts. A total of 16,089 Courts have

been computerised under the eCourts Project till date. Video Conferencing facility has

also been opertionalised between 488 court complexes and 342 corresponding prisons

during the period 2015-17. The National Judicial Data Grid (NJDG) developed under this

project provides updated information on civil and criminal cases, including pending cases.

for the computerised district I subordinate courts in the country.

Another initiative that has been undertaken with a focus to improve access to

justice is the Tele Law Scheme launched on 201h April , 2017, which is an effort to provide

legal advice pro-actively to the marginalised sections of society through Common Service

Centres (CSCs). This initiative facilitates delivery of legal advice through an expert panel

of lawyers stationed at the State Legal Service Authorities (SLSA). Under this Scheme,

Para Legal Volunteers (PLVs) connect potential litigants with lawyers through video

conferencing facilities at CSCs which are. operated by Village Level Entrepreneurs. The

Scheme has been launched in 1800 Gram Panchayats in 11 States (U.P., Bihar, J&K.

Assam, Arunachal Pradesh, Meghalaya. Mizoram, Manipur, Tripura, Nagaland, Sikkim). A

total of 12,218 cases have been registered by PLVs under the scheme and legal advice

has been provided in 9,094 cases. The Government has also launched a scheme for Pro

- . Bono Legal Services in April, 2017 in which interested lawyers and litigants can register on

the website (www.doj.gov.in) to provide and avail pro-bono legal services as may be . required. So far, 202 lawyers have registered on the portal and more than 298 cases have

been assigned for pro bono assistance. In order to reduce cases pending in courts for

over 10 years, the Government has recently introduced Nyaya Mitra Scheme covering 227

selected districts of 16 States . . Under the Scheme, retired judicial officers are engaged

and designated as 'Nyaya Mitra' to facilitate expeditious disposal of the cases pending

over 10 years. In the first Phase, 15 Nyaya Mitras have been engaged.

***************

~ ' Annexure Statement referred to Lok Sabha Unstarred Question No. t805 for reply on 07.02.2018

State I UT wise details of Sanctioned Strength of Judicial Officers and number of pen d" . o· t . t d S b ref C I "th . d f mg cases m 1s r1c an u 0 mate ourts a ong w1 JU 1ge-case ra 10. s. State Sanctioned Strength Number of Cases Pending No of J1udicial Officers in pending in District cases per

District and and Subordinate Judge Subordinate Courts* Courts#

1 Andaman and 11 11185 1017 Nicobar

2 Andhra Pradesh 987 934419 947 and T elengana

3 Assam 428 227812 532 4 Bihar 1828 1687698 923 5 Chandigarh 30 40297 1343 6 Chhattisgarh 398 271585 682 7 Delhi 799 623037 780 8 Diu & Daman 7 5300 757

and Dadra & Nagar Haveli

9 Goa 55 40069 729 10 Gujarat 1496 1636374 1094 11 Harvana 645 636142 986 12 Himachal 159 212471 1336

Pradesh 13 Jammu and 253 115997 458

Kashmir ·-14 Jharkhand 672 333954 497 15 Karnataka 1303 1389357 1066 16 Kera la 535 1157412 2161 17 Madhya Pradesh 2021 1343576 665 18 Maharashtra 2097 3359446 1602 19 Manipur 49 9928 203 20 Meg ha la ya 97 7023 72 21 Mizoram 63 3316 53 22 Orissa 862 1031431 1197 23 Punjab 674 568896 844 24 Rajasthan 1225 1443046 1178 25 Sikkim 23 1490 65 26 Tamil Nadu 1257 1020435 812 27 Tripura 107 25037 234 28 Uttar Pradesh 3204 6341367 1979 29 Uttarakhand 291 213971 735 30 West Bengal 956 1784843 1867

*Source: High Courts I State Governments I# Source: Web-portal of NJDG. $Data on pendency in respect of Arunachal Pradesh, Nagaland, Lakshadweep and Puducherry are not available on the web portal of National Judicial Data Grid (NJDG) .

.. GOVERNMENT QF INDlA

MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOK SABHA


TO BE ANSWERED ON \VEDNESDAY, THE 07.02.2018

Recruitment of Retired Judges

t866. SHRJ SANJAY HARJBHAU JADHA V:

Will the Minister of LAW AND JUSTlCE be pleased to state:

(a) whether the Government is considering to recruit retired judges in high courts to deal with pendency of more than three crore cases across the country;

(b) if so, the present status thereof;

(c) whether Lhis will be made possible by bringing in a special provision in the constitution;

(d) if so. the details thereof; and

( e) if not, the reasons therefor?

ANSWER

MINISTER OF ST A TE FOR LAW AND JUSTICE AND CORPORA TE AFFAIRS


(a) to ( e): The appointment of retired Judges of High Courts to siL and ac.t as a Judge

of the High Court can be made under Article-224A of the Constitution. Retired

Judges are not being appointed in view of the decision dated 14.04. 1982 of the then

Chief Justice of lndia that retired judges ought not to be appointed unless all the

permanent vacancies have been filled up and still large number of cases are pending

for disposal.

*****

GOVERNMEN"'f OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE Q7TH FEBRUARY, 2018.

All India Judicial Services

868. DR. BHAGIRATH PRASAD: SHRI LAKHAN LAL SAHU:


(a) whether the Government has any proposal to set up an all India judicial service on the lines of IAS and JPS;

(b) if so, the details thereof and the time by which the said service is likely to be set up along with the functions thereof;

(c) if not, the reasons therefor; (d) whether this proposal is likely to help in bringing talent I merit and efficiency in

judiciary; and (e) if so, the details thereof and the steps taken / likely to be taken in this regard?

ANSWER


(a) to (c): A comprehensive proposal was formulated for the constitution of an All India

Judicial Service (AIJS) and the same was recommended by the Committee of Secretaries

in November, 2012. The proposal was discussed in the Conference of Chief Ministers and

Chief Justices of the High Courts held in April, 2013 wherein it was decided that the issue

needed further deliberation and consideration. Views on the proposal were also sought

from the State Governments and High Courts.

(d) & (e): All India Judicial Service besides attracting some of the best talent in the country

may also facilitate inclusion in judiciary of competent persons belonging to underprivileged,

marginalised communities and women and also bring officers from other parts of the

country having different cultural background and speaking language other than that of the

State of allotment. However, keeping in view the divergence of opinion among the

stakeholders on constitution of All India Judicial Service, the Government has undertaken

the consultative process to arrive at a common ground.

. ,_/' ' . ,. ~



. LOK SABHA



Fast Track Courts

871. SHRI RAMEN DEK.A:


(a) the details of the number of cases pending with high court and supreme court till date;

(b) the steps taken/being taken to establish fast track courts at district level; and (c) the steps taken I being taken to improve the infrastructure of district level courts

in the country;

ANSWER


(a) : As per information available, 55,459 cases are pending in the Supreme Court and

41.84 lakh cases are pending in various High Courts. A list of cases pending as on date in

each High Court is at Annexure.

(b) : The establishment of Fast Track Courts at district level is within the domain of the

State Governments as per their need and resources. The 14th Finance Commission has

endorsed the proposal to strengthen the judicial system in States which includes, inter-alia,

establishing 1800 FTCs for a period of five years for cases of heinous crimes; cases

involving senior citizens, women, children, disabled· and litigants affected with HIV AIDS

and other terminal ailments; and civil disputes involving land acquisition and property/rent

disputes pending for more than five years at a cost of Rs.4144 crore. The 14th Finance

Commission has urged State Governments to use the additional fiscal space provided by

the Commission in the tax devolution to meet such requirements.

(c) : The primary responsibility for development of infrastructural facilities for judiciary in

the States including High Courts rests with the State Governments. The Central

Government augments the resources of the State Governments by releasing financial

' .

assistance under a Centrally Sponsored Scheme (CSS) for the development of

infrastructure facilities for Judiciary. A sum of Rs. 6,020 crore has been released since

1993-94, out of which Rs. 2,575 crore (42.77%) has been released since April, 2014.

17,798 Court Halls and 13,759 Residential Accommodations have been made available for

Judicial Officers of District and Subordinate Courts as on date. Out of this 1,980 Court

Halls and 3,548 Residential Accommodations were constructed since 2014 to till date. In

addition, 2,966 Court Halls and 1,692 Residential Accommodations are under

construction. The Central Government has approved continuation of the Centrally

Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary beyond

the 121h Five Year Plan period i.e. from 01.04.2017 to 31.03.2020 with an estimated outlay

of Rs.3,320 crore.

**************•

l • • ~

Annexure Statement referred to Lok Sabha Unstarred Question No. 871 for reply on 07.02.2018

D t II f P di C . . H" h C rts . ea so en ng ases m various lg OU S. No. High Court Name Total Pending Cases

1. Allahabad High Court 7,03,061 . 2. High·Court of Bombay 4,64,074

3. High Court of Punjab Arid Haryana 3,86,189

4. Telangana and Andhra Pradesh High Court 3,24,539

5. Madras High Court 3, 14,345

6. High Court of Madhya Pradesh 3, 10,426

7. High Court of Rajasthan 2,60,358

8. Calcutta High Court 2,32,776

9. High Court of Karnataka 2,14,792

10. High Court of Kerala 1,82,287

11. Orissa High Court 1,69,325

12. Patna High Court 1,45,650

13. High Court of Gujarat 1,09,709

14. High Court of Delhi 69,589

15. High Court of Chhattisgarh 60,086

16. High Court of Jharkhand 57,944

17. High Court of Jammu And Kashmir 43,393

18. Gauhati High Court 39,717

19. High Court of Himachal Pradesh 37,955

20. High Court of Uttarakhand 36,910

21. High Court of Manipur 16,955

22. High Court of Tripura 2,894

23. High Court of Meghalaya 971

24. High Court of Sikkim 215

Total Pending cases 41,84,160 *************************

. . I ll • • 1' t


(DEPARTMENT OF JUSTICE)

LOK SABHA

UNSTARRED QUESTIONN0.874

TO BE ANSWERED ON WEDNESDAY, THE 7TH FEBRUARY, 2018

Special Court's for MP's And MLA's

874. SHRI B. VINOD KUMAR:


a) the details on the exact number of cases pending against legislators in the country;

(b) the steps being taken by the Government to ensure that this data is updated regularly;

(c) whether the Government plans to institute special courts for disposal of such

cases, if so, whether these courts would be pennanent in nature or would be dissolved. after disposal of such pending cases; and

( d) whether the Government plans to fix a timeline for disposal of such cases by

the special courts?

ANSWER

MINISTER OF STATE FOR LAW & JUSTICE AND CORPORA TE AFFAIRS


(a) & (b): In Writ Petition (Civil) No. 699/2016 (Ashwini K~mar Upadhyay Vs. Union of India & Anr.) as per records presented in the Hon'ble Supreme Court, 1581 criminal cases involving Members of Legislative Assembly (MLAs) and Members of Parliament (MPs) as declared at the time of filing of the nomination papers to the 2014 elections were pending in various Courts of the country. Hon'ble Supreme Court of India has directed the Union Government to prepare a Sche,me for Special Courts for trial of these cases, which has been done. The Union

· Government has written to all the related High Courts and State Governments for

. ~ •.

bringing upto date lists of criminal cases to enable their trial in these Special Courts.

(c): The Hon'ble Supreme Court of India vide its Orde.r dated 14.12.2017 has approved the Scheme and directed the Union Government to propmtionately allocate the amount to be in.curred by the different states in which the proposed 12 Special Courts in 11 States are planned to be located forthwith and thereafter the State Governments will make necessary arrangements of judicial officers, staff and infrastructure in consultation with the High Courts. The Union Government has released the funds earmarked for the financial year 2017-18 to the State Governments (where applicable) to ensure that the said Courts start functioning from 01.03 .2018. The next date of hearing in the case is on 07 .03.201 8. At present, the matter is sub-judice.

(d): No such tirneline has been fixed by the Supreme Court for disposal of such cases by the Special Courts.

***

~.


DEPARTMENT OF JUSTICE ..

LOK SABHA

STARRED QUESTION NO. *168.

TO BE ANSWERED ON WEDNESDAY, 07rH MARCH, 2018.

CCTV Footage under RTI

*168. SHRI K. PARASURAMAN:


(a) whether fresh initiatives have been taken or are proposed to be taken by the Government to make available the footage of CCTV cameras in courts to the public under the Right to Information Act, 2005;

(b) if so, the details thereof including the rationale behind the move; and (c) if not, the reasons therefor? ·

ANSWER

MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) to (c): A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c.) of LOK SABHA STARRED QUESTION NO. *168 FOR ANSWER ON 07m MARCH, 2018.

(a) to (c) : In Writ Petition (Criminal) Na. 99 of 2015 (Pradyuman Bisht versus

Union of India & others), Supreme Court of India, inter-alia, directed that CCTV

cameras (without audio recording) may be installed inside the subordinate

courts and at such important locations of the court complexes as may be

considered appropriate in at least two districts of every State I Union Territory

(with the exception of small States I Union Territories where it may be

considered to be difficult to do so by the concerned High Courts). The Hon'ble

Supreme Court further directed that it is desirable that CCTV cameras are

installed in all subordinate courts in such phased manner as may be considered .

appropriate by the High Courts. In pursuance of the above direction of the

Hon'ble Court, a copy of the order of the Hon'ble Supreme Court was forwarded

to Registrars General of all High Courts and Chief Secretaries I Administrators

of all States I UTs by the Depart.ment of Justice, Ministry of Law and Justice

vide D.O. letter No.15018 I 10 I 2015-Jus.ll I e-Courts dated 281h August, 2017

far taking action to install cameras in all Subordinate Courts_ The respective

High Courts are to decide and take action for installation CCTV cameras in the

subordinate courts in their jurisdiction. It has been further directed by the

Hon'ble Supreme Court that the footage of the CCTV cameras will not be

available under R.T.I. and will not be supplied to anyone without permission of

the concerned High Court.

************

--.



LOK SABHA

STARRED QUESTION NO. t*172.

TO BE ANSWERED ON WEDNESDAY, 071HMARCH, 2018.

Special Courts For Pending Cases

t*172. SHRI BHAIRON PRASAD MISHRA:


(a) whether the Government has taken any decision to develop any new system or set up special courts to dispose of the pending cases;

(b) if so, the details thereof; and (c) if not, .whether the Government is likely to consider any such .action plan and if so,

the details thereof?

ANSWER



(a) to (c): A Statement is laid on the Table of the House.

~

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) of LOK SABHA STARRED QUESTION NO. *172 FOR ANSWER ON 07rA MARCH. 2018.

(a} to (c} : Setting up of subordinate courts including special courts lies within

the domain of the State Governments which set up such courts as per their

need and resources, in consultation with the concerned High Courts. The

Government of India in its Memorandum to the 14th Finance Commission

proposed setting up of Fast Track Courts (FTCs) across the country at a cost of

Rs.4, 144 crore for trial of cases of heinous crimes, involving senior citizens,

women, children, physically challenged and persons affected with terminal

ailments etc. The 14th Finance Commission endorsed the proposal of the Union

Government and urged the State Governments to use the additional fiscal

space provided by the Commission in the form of enhanced tax devolution (from

32% to 42°/o) to meet such requirements. The States have, therefore, set up

FTCs from the additional tax devolution provided to them as per their

requirement. As per available information, at present there are 727 Special

Fast Track Courts functioning in various States. The details are given in

Annexure 1A'. In addition, State governments have set up 12 Special Courts to

deal with criminal cases related to legislators, and the details are given in

Annexure 'B'.

************

Annexure -A Statement referred to in Lok Sabha Starred Question No."172 for reply on 07th March, 2018

S "IF tT kC rt 1pec1a as rac OU s Name of the States/UTs Number o.f Fast Track Courts Andhra Pradesh, Telangana 72 Assam, Arunachal Pradesh, 0 Nagaland, Mizoram Bihar 55 Chhattisgarh 21 Delhi 14 Goa 4 Gujarat 0 Harvana 0 Himachal Pradesh 0 Jammu & Kashmir 5 Jharkhand 14 Karnataka 0 Kerala 0 --Madhya Pradesh 0 Maharashtra 100 Mani our 3 Meghalaya 0 Odisha 0 Punjab 0 Puducherry 0 Rajasthan . 0 Sikkim 2 Tamil Nadu 69 Tripura 3 Uttar Pradesh 273 Uttarakhand 4 West Bengal 88 Total 727

**************

Annexure- B

Statement referred to in Lok Sabha Starred Question No.*172 for reply on 07th March, 2018

Special Courts to deal with criminal cases related to legislators

Name of State Number of Special Court Telengana 1 Tamilnadu 1 Karnataka 1 Bihar 1 Andhra Pradesh 1 Kera la 1 Maharashtra 1 Madhya Pradesh 1 Uttar Pradesh 1 West Bengal 1 Delhi 2 Total 12

************


DKPARTMENT OF .JUSTICE ******

LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 7 TH MARCH, 2018

Legal Aid Services

1895. SHRJ PRALHAD JOSHI: SHRI SHARAD TRIPATHI:

Will the Minister of LAW AND JUSTICE be pleased to state?

(a) the details of the types of legal aid services being provided to people of poorer and the weaker sections of the society;

(b)whether the Government proposes to set up Legal Aid Clinics in various villages in the country and if so, the details thereof;

( c) if not, the time by which such clinics are likely to be set up in each village;

( d) the funds allocated and spent for legal aid services in the last three years~ and

(e) the number of beneficiaries who received such help from the Government.

ANSWER

MINISTER OF ST ATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS

(SHRI P.P.CHAUDHARY)

(a) The Government and the National Legal Services Authority (NALSA) provide legal aid

services to poor and weaker sections of society under various schemes. The Government in

partnership with UNDP has implemented Access to Justice Project in eight States namely,

UP, Bihar, M.P, Chhattisgarh, Jharkhand, Rajasthan, Odisha and Maharashtra from 2009 to

201 7. Under the project legal aid clinics were set up in Odisha and Maharashtra where panel

lawyers provided free k gal advice and drafted applications on behalf of marginalized.

-2-

The Government has also been implementing one Access to Justice Project since 2012

in 8 States of the North East and the State of Jammu & Kashmir. Under the project 46 legal

aid clinics were set up in 2016-17 in Tuensang and Mon districts of Nagaland where panel

lawyers similarly provided free legal advice and drafted applications on behalf of

marginalized.

In April. 2017, the Government has launched new legal aid schemes for the poor

namely~ Tele Law and Pro Bono Legal Services. Tele Law scheme has been launched in

1800 gram panchayats in 10 States of the country. Till 05.03.2018, legal advice has been

provided in 10,807 cases. Under the Pro Bono legal service scheme, 220 advocates have

volunteered their services for the marginalized.

The NALSA and legal services authorities (LSAs) from Supreme Court to taluka level

courts provide free panel lawyers to people of poorer and weaker sections of society for legal

advice, drafting of applications and filling up of various forms, making personal appearance

in the court and providing certified copies of judgements. The LSAs also pay court fee on

behalf of marginalized litigants who cannot afford to make payment. ln special cases where

court appoints commissions for marginalized persons, the LSAs make payment to the

commissioners and incur expenditure for summoning of witnesses.

(b) to ( e) The NALSA Legal Aid Clinics Regulations, 20 l 1 provide for establishment of legal

services clinics at all villages, or for a cluster of villages, depending on the size of such

villages. Details of legal aid clinics established in villages/rural areas all over the country

and persons provided legal assistancl! during the period from April, 2017 to December.

2017 are at Annexure-A.

Funds are allocated to NALSA for implementation of various schemes/programmes

framed under the Legal Services Authority Act, 1987. There is no separate allocation or

1-Unds for any specific legal aid scheme or programme. The details of the grants in aid

released and funds utilized during the last three years are given in Annexure B.

Annexure-A Annenre os referred to in reply to the Lok Sabha Unstarred Question No. 1895 for 07.03.2018 raised by S/Shri Prahlad Joshi and Sbarad Tripatbi regarding legal aid services

State--wise nwnber of Legal Services.Clinics established in villages/ rural areas in the country and persons provided legal assistance during the current financial year 2017-18 on the basis of

information ti.1mished by State Legal Services Authoriteis.

S.No. Name of the SLSAs Number of Village Legal Number of persons .Services Clinics established as provided Legal

on 31.12.2017 Assistance 1 Andhra Pradesh 457 8012 2 Arunachal Pradesh 0 0

3 Assam 146 1377

4 Bihar 112 614

5 Chhattisgarh 279 26511

6 Goa 61 1318 7 Gujarat 487 4284 8 Haryana 321 112365 9 Himachal Pradesh 893 11924 10 Jammu & Kashmir 131 7252 11 Jharkha.nd 382 20950

12 K.arnataka 147 6019

13 Kerala 173 6907

14 Madhya Pradesh 555 7754

15 Maharashtra 387 2706

16 Manipur 54 2676

17 Meghalaya 104 1805 18 Mizoram 57 2763

19 Nagaland 89 1398 20 Odis ha 262 3427

21 Punjab 274 12028 22 Rajamhan 6243 91943

23 Sikkim 12 109

24 TamilNadu 551 1019

25 Telangana 260 2499

26 T ripura 317 14161

27 Uttar Pradesh 44 651

28 Uttarakhand 120 138'3

29 West BenRal 593 24820

30 A & N Islands 0 0

31 U.T. Chandigarh 9 4401

32 D&N Haveli 12 0

33 Daman&Diu 6 0

34 Delhi 0 0

35 Laksha.dweep ... 0 0

36 Puducherry 55 7

Total 13593 383083

Note: * Being a small Island all are directly <;ootacting the State Legal Services Authority for t·he legal assistance, so the legal uid clinics is not fu.nctioning properly.

Annexure as referred to in reply to Lok Sabha Unstarred Question No. 1895 for 07.03.2018 raised by S/Shri Prahlad Joshi and Sharad Tripathi regarding

legal aid services

Details of grant-in-aid released and funds utilized by NALSA during the last three years i.e. 2014-15, 2015-16 and 2016-17.

Year Grant released Grant utilized by Nl\LSA

2014-15 82.65 56.02

201 S-16 67.97 60.66

2016- 17 63.67 43.07

Annexure-B (Rs. in crore)

GOVERNMENl OF lNDIA MINISTRY OF LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 07rn MARCH, 2018.

AUS

1930. SHRI SIRAJUDDlN AJMAL: SHRI RA TT AN LAL KAT ARIA:


(a) whether the Government bas a proposal for creation of an All India Judicial Service (AIJS) with reservation for minorities;

(b) if so, the details thereof and if not, the reasons therefor; (c) whether 6000 judges will be recruited in the coming years; (d) if so, the steps taken io this regard; (e) the details of vacancies which are left unfilled in the various courts of the country; and (f) whether deficiency of judges is affecting the justice delivery system in the country and if so, the

steps being taken in this regard?

ANSWER

MINISTER OF ST ATF. FOR LAW AND JUSTICE AND CORPORA TE AFFAIRS (SHRI P. P. CHAUDHARY)

(a) & (b): A comprehensive proposal was fom1ulatt:d for the constitution of an All India Judicial Service (AIJS) and the same was recommended by the Committee of Secretaries in November, 2012. The proposal was discussed in the Conference of Chief Ministers and Chief Justices of the High Courts held in April. 2013 wherein it was decided that the issue neede<l further deliberation and consideration. Views on the proposal were also sought from the State Governments and High Courts. All India Judicial Service besides attracting some of the best talent in the countl)' may also facilitate inclusion in judiciary of competent persons belonging to underprivileged, marginalised communities and women and also bring the State officers from other parts of the country having different cultural background and speaking other language from that of the Stnte of allotment. Keeping in view the divergence of opinion among the stakeholders on constitution of All Indin Judicial Service, the Uovernment has undertaken the consultative process to arrive at a common ground.

(c) to (e) : As per lhe Constitutional framework, the selection and appointment of judges in subordinate courts is the responsibility of the High Courts and State Governments concerned. In so far as recruitment of judicial officers in the States is concerned, respective High Courts do it in certain States. whereas the High Courts do it in consultation with the State Public Service Commissions in other States. As per infom1ation made available by the High Courts and respective State Govemmcnts, as on 31.12.2017 the sanctioned strength of Judicial Otlicers of District and Subordinate Courts is 22,474. The number of Judges in position and vacant posts are 16,728 and 5,746 respectively.

(t): The Supreme Court, through a judicial order in Malik Mazhar case, has devised a proc1:ss and time frame to be followed for the filling up of vacancies in subordinate judiciary. This order of January 2007 by the Supreme Court stipulates that the process for recruitment of judges in the subordinate courts would commence on 31 "' March of a calendar year and end by 31 "' October of the same year. The Supre!lle Court has permitted State Governments I High Courts for variations in the time schedule in case of any difficulty based on the peculiar geographical and climatic conditions in the State or other relevant conditions. Issues relating to increasing judicial strength and timely filling up of vacancies have also been discussed in the Joint Conference of Chief Ministers and Chief Justices of High Courts held in August, 2009 and in April. 2013 and during meetings of the Advisory Cowicil of the National Mission for Justice Delivery and Legal Refonns. Communications have been sent as follow up from the Union Government to the State Governments and I ligh Cou11s. This issue was also raised in the 7th Advisory Council Meeting of the National Mission of Justice Delivery and Legal Reforms where it was discussed that there may be a need for adding some flexibility in the recruitment rules for subordinate court judges to allow multiple sources for direct recruitment of eligible candidates. During the video conference held recently with Registrars General of all High Courts and Law Secretaries of all State Governments I UTs, the need to filling up of vacant posts of judicial officers in District and Suhordinate Courts in timely manner was again emphasised.

GOVER.t~MENT OF INDIA i\HNISTRY OF LAW AND JUSTICE

DEPARTMENT OF JUSTICE LOK SABHA


TO BE ANS\VERED ON WEDNESDAY, THE 7th MARCH, 2018

Evening Courts

1969. SHIUJvL!\' n RA KS I L'\TAI KI IADSE:

\Vill the ,\1inister of LAW AND JUSTICE be pleased to state:

(a) whether the Government proposes to start/ operate evening courts to

curb the piling pendency of cases in Courts across the country;

(b) if so, the details thereof; (c) whether the Government proposes to enhance the stature of Lok

Adalats to contribute more in reduction of pending cases; and

( d) if so, the details thereof?

ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS


(a) to (d): Settin~ up uf sLJbordinate courts, which inclu<lcs evening courts

falls within the domain oft.he State Goverrunentg who, in consultation with

the concerned High Courts, take decisions as per theif need and resources.

Afte:r th<· completion of the 131h Finance Commission award period,

morn1ng and evening courts were discont1nued in :11J the states, except

three High Court jurisdictions (Delhi, Telangana & Andhra Pradesh and

Tamfl Nadu). However, the Chief 1VJinisters and Chief Justices

Conferences held in April, 2015 and in April, 201.<i tesolved to utili.zc the

existing judidaJ infrastructure for functiorung of such courts whenever

required. In order to reduce the pendency of cases in courts, the National, Sta te

and District Legal Services Authorities organize Permanent Lok Adalats

and Mega/National Lok Adalats under the Legal Services Authorities Act,

1987 in accordance with an approved calendar throughout the year. In addition, a proposal for organizing the ~~tional Lok Adalats twice in a

month for all types of cases for the year 2018 has also been approved. The

State Legal Services Authorities have been issued directions by the

National Legal Services Authority vide National Legal Services Authority (Lok Adalat) Regulations, 2009 for organization of Lok Adalats to reduce

pendency of cases.

GOVERNMENT QF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE Q7THMARCH 1 2018.

Delay in Justice Delivery t1982. SHRI SHARAD TRIPATHI:


(a) whether the number of prisoners in the jails is increasing due to delay in the justice delivery system; and

(b) if so, the details thereof and the steps being taken by the Government to rectify the situation?

ANSWER


(a) & (b): As per the information available in the National Crime Records Bureau (NCRB), the total number of prisoners, including undertrial prisoners. lodged in various jails of the country as on 31.12.2015 was 4,19,623 and as on 31.12.2016 was 4.33,003. Disposal of cases pending in courts, including criminal cases pending in various courts of the country, is the responsibility of the judiciary. The Central Government is fully committed to assisting the judiciary to enable speedy disposal of cases in accordance with Article 21 of the Constitution. It has undertaken many steps towards achieving this objective. One important step is, strengthening of judicial infrastructure in districts through the Centrally Sponsored Scheme {CSS) for 'Development of Infrastructure Facilities for Judiciary' wherein a total of Rs. 6, 100 crore has been released since 1993-94, out of which Rs. 2,655 crore (43.52%) has been released since April, 2014. 17,981 Court Halls and 14,467 Residential Accommodations have been made available for Judicial Officers of District and Subordinate Courts as on date. Out of this 2,356 Court Halls and 935 Residential Accommodations were constructed since 2014 to till date. In addition, 3, 139 Court Halls and 1,785 Residential Accommodations are under construction. The Central Government has approved continuation of the Centrally Sponsored Scheme (CSS) for 'Development of Infrastructure Facilities for Judiciary" beyond the 121

h Five Year Plan period i.e. from 01.04.2017 to 31.03.2020 with an estimated outlay of Rs.3,320 crore.

Under Phase-I (2010-15) of the eCourts Mission Mode Project (the Project) undertaken by the Central Government, against a total target of computerisation of 14,249 courts, the

computerisation of 13,672 district and subordinate courts has been achieved. This includes the installation of hardware, the LAN and software. This has enabled the courts to upload the case status and orders online. Status of cases and copies of judgments have also been made available on the websites of the respective District and Subordinate Court Complexes which have been computerised. Rs. 935.00 crore were allocated for Phase - I out of which Rs. 639.41 crore were utilized.

A budget outlay of Rs.1670 crores was apprQved for Phase II of the Project (from July, 2015 upto 31 March 2019). The facilities of e-services such as cause lists, case status, daily orders. judgments etc. are being provided under the supervision of e-Committee of the Supreme Court and Computer Committees of respe.ctive High Courts. A total of 16,089 district and subordinate courts have been computerised under the Project till date. Video Conferencing facility has also been opertionalised between 488 court complexes and 342 corresponding prisons during the period 2015-17. The National Judicial Data Grid (NJDG) developed under this project provides updated information on civil and criminal cases, including pending cases, for the computerised district I subordinate courts in the country.

Another initiative with a focus to improve access to justice is the Tele Law Scheme launched on 201

h April, 2017, which is an effort to provide legal advice pro-actively to the marginalised sections of society through Common Service Centres (CSCs). This initiative facilitates delivery of legal advice through an expert panel of lawyers stationed at the State Legal Service Authorities (SLSA) . Under this Scheme, Para Legal Volunteers (PLVs) connect potential litigants with lawyers through video conferencing facilities at CSCs which are. operated by Village Level Entrepreneurs. The Scheme has been launched in 1800 Gram Panchayats in 11 States (U.P., Bihar, J&K, Assam, Arunachal Pradesh, Meghalaya, Mizoram, Manipur, Tripura, Nagaland, Sikkim). A total of 12,218 cases have been registered by PLVs under the scheme and legal advice has been provided in 9,094 cases. The Government has also launched a scheme for Pro Bono Legal Services in April , 2017 in which interested lawyers and litigants can register on the website (www.doj.gov.in) to provide and avail pro-bone legal services as may be required. So far, 224 lawyers have registered on the portal and more than 298 cases have been assigned for pro bone assistance. In order to reduce the cases pending in courts for over 1 O years, the Government has recently introduced Nyaya Mitra Scheme covering 227 selected districts of 16 States. Under the Scheme, retired judicial officers are engaged and designated as 'Nyaya Mitra' to facilitate expeditious disposal of the cases pending over 10 years. In the first Phase. 15 Nyaya Mitra's have been engaged.

In pursuance of the resolution passed in the Chief Justices' Conference held in April, 2015, 24 High Courts have set up Arrears Committees to clear the backlog of cases pending for more than five years, except Sikkim High Court where there is no pendency of more than five year old cases. The Supreme Court has also · constituted an Arrears Committee consisting of two Hon'ble Judges to formulate steps to reduce pe.ndency of cases in High Courts and District Courts.

The Hon'ble Supreme Court vide order dated 05.02.2016 had inter alia passed following directions on release of undertrials:

1. The Under Trial Review Committee under every District Judge should meet every quarter and the first such meeting should take place on or before 31st March, 2016. The Secretary of the District Legal Services Committee should attend each meeting of the Under Trial Review Committee and follow up the discussions with appropriate steps for the release of undertrial prisoners and convicts who have undergone their sentence or are entitled to release because of remission granted to them.

2. The Under Trial Review Committee should specifically look into aspects pertaining to effective implementation of Section 436 of the Cr.P.C. and Section 436A of the Cr.P.C. so that undertrial prisoners are released at the earliest and those who cannot furnish bail bonds due to their poverty are not subjected to incarceration only for that reason. The Under Trial Review Committee will also look into issue of implementation of the Probation of Offenders Act, 1958 particularly with regard to first time offenders so that they have a chance of being restored and rehabilitated in society.

t

3. The Member Secretary of the State legal Services Authority of every State will ensure, in coordination with the Secretary of the District legal Services Committee in every district, that an adequate number of competent lawyers are empanelled to assist undertrial prisoners and convicts, particularly the poor and indigent, and that legal aid for the poor does not become poor legal aid.

4. The Secretary of the District Legal Services Committee will also look into the issue of the release of undertrial prisoners in compoundable offences, the effort being to effectively explore the possibility of compounding offences rather than requiring a trial to take place.

5. The Under Trial Review Committee will also look into the issues raised in the Model Prison Manual 2016 including regular jail visits as suggested in the said Manual.

The Minister of Law & Justice has written to the Chief Justices of High Courts on 3'd February 2017 requesting for periodic monitoring of release of Under Trials prisoners so that every

accused person receives a fair trial and does not languish in jail longer than is absolutely necessary as per law. The Hon'ble Supreme Court in its order dated 05.09.2014 in the Writ Petition No. 310/2005-Bhim Singh Vs Union of India & Other relating to the undertrial prisoner has directed for effective implementation of Section 436 A of the Code of Criminal Procedure. The DG (Prisons)/IG (Prisons) of all States I UTs have been requested on 22.09.2014 to take necessary action to comply with the order of the Hon'ble Supreme Court in the matter.

*******•****'***

t

GOVERNMENT Or lNUlA MINISTRY OF LAW AND JUSTICE




Special Benches of High Courts

2008. SHRI. PRASUN UANERJEL:

Will the Minister of LAW AND .JUSTICE be pleased to state:

a) the total number of Special Benches of High Courts proposed to be set up in each State during

the next three years.

b) the criteria fixed for setting up of Special Benches of High Courts in the states~

c) the total number of Special Benches proposed to be set up in West Bengal along with the

places where they are likely to be set up;

d) the total amount earmarked for the scheme; and

e) the time by which these Special Benche~ will be set up in West Bengal'?

ANSWER MINISTER OJ<' STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS

(SURI P.P. CHAUDHARY)

(a) to (e): The setting up or constitution of Special Benches for hearing of specific cases in the High

Court lies within the administrative jurisdiction of the High Court. As such, no information is being

maintained in the Dcpartmtnt of Justice in this regard.

However, establishment o[' a High Court Bench at a location outside the principal seat is

considered by the Union Government in accordance with the recommendations made by the Jaswanl

Singh Commission and the judgment pronounced by the Apex Court in W.P.(C) No.379 of2000, on

receipt of complete proposal from the State Government in concurrence with the Chief .Justice of the

concerned High Court. At present, no proposal complete in all aspects, is pending for consideration

by the Central Government including that from the High Court of Calcutta.



****** LOK SABHA

UNSTARRED QUESTION NO. 2029 TO BE ANSWERED ON WEDNESDAY, THE 7TH MARCH, 2018

Accessibility to Legal Service

2029. SHRI GANESH SINGH:

Will the Minister of LAW AND JUSTICE be pleased to State:

(a) whether the Government is concerned about the hurdles to common citizens in accessibility to legal services;

(b) if so, whether the Government has already initiated free legal services scheme in the country;

( c) if so, the details thereof and the total number of legal aid clinics established by the Government, State-wise and the financial assistance provided to the States during the last three years and the current year in this regard; and

( d) whether the Government has made any efforts to ensure that legal aid reaches the poor and the people residing in rural areas and if so, the details thereof?

ANSWER MINISTER OF STATE FOR LAW & JUSTICE

AND CORPORATE AFFAIRS (SHRI P.P.CHAUDHARY)

(a)to(d)The Government and the National Legal Services Authority (NALSA) have undertaken a number of measures to address the problems of common citizens for accessing legal services. The Government has been implementing Access to Justice Project7 since 2012 in 8 States of the North East namely, Assam,Nagaland, Mizoram, Manipur, Tripura, Arunachal Pradesh, Meghalaya, Sikkim and the State of Jammu & Kashmir in partnership with State LegalServices Authorities and State Governments. Unde~ the project a number of legal aid and literacy programme are being implemented in these States. In 2016-17, 46 legal aid clinics were setup in Tuensang and Mon districts of Nagaland. The Government in partnership with UNDP also implemented another project on Access to Justice in 8 States namely, UP, Bihar, M.P, Chhattisgarh, Jharkhand, Rajasthan, Odisha and Maharashtra from 2009 to 2017. Under the project training and capacity building of panel lawyers, para legal volunteers, elected representatives of gram panchayats and anganwadi workers were undertaken. Under the project, 04 legal aid clinics were setup in Odisha in partnership with National Law University, Odisha and 02 legal aid clinics were setup in Mumbai in partnership with Tata Institute of Social Science (TISS ).

In April, 2017, the Government has law1ched tlm::e uew l~gal empowerment initiatives, namely, Tele Law, Pro bono legal services and NyayaMitra. Tele Law scheme has been launched in 1800 gram panchayats in 10 States of the country for providing free legal aid to marginalised persons as mentioned in section 12 of the Legal Services Authority Act, 1987. As on 01.03.2018, out of 13947 cases registered under the scheme, legal advice has been provided in 10703 cases. Under the Pro Bono legal service scheme, 215 advocates have registered. Under the NyayaMitra scheme, 15 NyayaMitrashave been engaged in 6 States namely, UP, Bihar, West Bengal, Gujarat, Rajasthan and Tripura. The NyayaMitras are required to assist the judiciary in the disposal of long pending cast!s and also to provide free legal advice to marginalised persons.

NALSA was constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes. Under the Act, legal services institutions have been set up at all levels i.e. taluka courts, the district courts, High Court and the Supreme Court. Legal aid clinics setup in jails, observation homes, juvenile justice boards and law schools are being manned by panel lawyers and para legal volunteers of legal services authorities. A total number of 20, 134 legal aid clinics have been established in the country as on 31.12.2017. [Statement showing details of these clinics setup State wise is annexed].

NALSA has developed schemes and programmes to ensure equitable access to justice, especially for the marginalised communities. These schemes are meant for providing legal aid to those specific categories of people who are excluded from the formal legal system due to political, cultural, social or environmental conditions. Such schemes range from providing legal services to victims of disasters (both manmade and natural) to acid attack victims. NALSA has also been at the vanguard for protecting the rights and interest of some of the most vulnerable members of the society, be it children, women, tribals or mentally ill and disabled people. During the current financial year (up to December, 2017) more than 5.47 lakh persons have benefited through legal aid services in the country.

Annual Grants allocated by National Legal Services Authority (NALSA) to State Legal Services Authorities for financing activities including legal aid clinicsduring the financial years 2014-15, 2015-16, 2016-17 and 2017-18 (upto 31.01.2018) are Rs. 53.41 crores, Rs. 57.05 crores, Rs. 110.10 crores and Rs. 89.00crores respectively.

******

Annexure

Statement as referred to in reply to Lok Sabha Unstarred Qn. No.2029 for 07.03.2018 by Shri Ganesh Singh, MP - State-wise number or Legal Services Clinics. S.No. Name of the SLSAs Number of Legal Services Clinics established as

on 31.12.2017 I Andhra Pradesh 858 2 Arunachal Pradesh 21 3 Assam 186 4 Bihar 261 s Chhattisgarh 493 6 Goa 120 7 Gujarat 638 8 Haryana 506 9 Himachal Pradesh 1010 10 Jammu & Kashmir 215 11 Jharkhand 498 12 Karnataka 876 13 Kera la 652 14 Madhya Pradesh 1138

15 Maharashtra 645 16 Manipur 81

17 Meghalaya 133

18 Mizoram 102 19 Na gal and 124

20 Odisha 522

21 Punjab 526

22 Rajasthan 7432

23 Sikkim 31

24 Tamil Nadu 818 -

25 Telangana 392

26 Trip urn 370

27 Uttar Pradesh 181

28 Uttarakhand 267 29 West Bengal 886

30 A&N Islands 0 -

31 U.T. Chandigarh 19

32 Dadra and Nagar Haveli 13

33 Daman & Diu 7

34 Delhi 50

35 Lakshadweep 0

36 Pu<lucherry 63

Total 20134

~



LOK SABHA UNST ARRED QUESTION NO. 2036


Appointment of Ombudsman

t2036. SHRIMATI NEELAM SONKER:


(a) whether the Government proposes to appoint ombudsman;

(b) if so, the details thereof:

(c) if not, whether there 1s any mechanism to deal with the complaints

against judges of Supreme Court and High Courts; and

(d) if so, the details thereof?



(a) to (d) : Complaints received against Judges of Higher Judiciary are at present

addressed through 'In house mechanism' of the Supreme Court. As per this

mechanism, the Chief Justice of India is competent to receive complaints against

the conduct of the Judges of the Supreme Court and the Chief Justice of the High

Courts. Similarly, the Chief Justices of the High Courts are competent to receive

complaints against the conduct of their Courts. There is no proposal for

appointment of ombudsman.

• •••

GOVERNMENT ~OF INDIA MINISTRY OF LAW & JUSTICE



TO BE ANSWERED ON WEDNESDAY, THE 07TH MARCH, 2018.

Upgradation of Courts 2040. DR. SANJAY JAISWAL:


(a) the details of budget allocated and utilized for upgradation of courts for the years 2015, 2016 and 2017; and

(b) the breakdown of budget utilized for provision of housing to Upper Subordinates and Lower Subordinates in the Judiciary and the amount of funds released respectively?

ANSWER


(a) and (b): It is the primary responsibility of State Governments to provide adequate infrastructure for Subordinate Judiciary which includes court complexes I court halls and residential accommodation for them. Central Government is implementing the Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary in order to augment the resources of State Governments in this regard in association with the States I UT governments. The scheme has been in place since 1993-94, and was revised in the year 2011 . It covers the construction of court buildings and residential accommodations for judicial officers of District and Subordinate Judiciary. As on date, there are 14,467 residential units available and 1785 are under construction. The breakdown of budget utilized for provision of housing to Upper Subordinates and Lower Subordinates in the Judiciary and the amount of funds released respectively is not maintained centrally. The details of budget allocated and utilized for development of infrastructural facilities for judiciary for construction of court halls and residential accommodations for judicial officers of District and Subordinate Courts for the years 2015, 2016 and 2017 are as under:

(Rs. In Crores)

2015-16 2016-17 2017-18 (Upto February, 2018)

Revised Released Revised Released Revised Released Estimates Amount Estimates Amount Estimates Amount

--562.99 562.99 538.74 538.74 621.21 621.21

***************

GOVERNMEN:J OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 07 TH MARCH, 2018.

Mobile Courts t2045. SHRI PRATAPRAO JADHAV:


(a) whether the Government is considering to introduce the operation of mobile courts in the country to dispose of cases within the stipulated time-frame concerning trivial household, familial and societal disputes, specially matters concerning harassment of women, children and senior citizens, keeping in view the inordinate delay in getting justice caused by the present judicial system;

(b) if so, the details thereof and the time by which it is likely to be introduced; and (c) if not, the reasons therefor?

ANSWER


(a) to (c): As per Section 9 of the Gram Nyayalaya Act 2008, Nyayadhikari has been given the powers to hold mobile courts and conduct proceedings in villages outside the headquarters of Gram Nyayalaya. In terms of section 3 (1) of the Gram Nyayalayas Act, 2008, the State Governments may establish Gram Nyayalayas at intermediate Panchayat level in consultation with the respective High Courts with a view to provide access to justice to citizens at their doorsteps. Further, in terms of Section 9 of the Act, the Nyayadhikari shall periodically visit the villages falling under his jurisdiction and conduct trial or proceedings at any place which he considers is in close proximity to the place where the parties ordinarily reside or where the whole or part of the cause of action had arisen, provided that where the Gram Nyayalaya decides to hold mobile court outside its headquarters, it shall give wide publicity as to the date and place where it proposes to hold mobile court. The State Government shall extend all facilities to the Gram Nyayalaya including the provision of vehicles for holding mobile court by the Nyayadhikari while conducting trial or proceedings outside its headquarters.

The Central Government has been encouraging the States to set up Gram Nyayalaya by providing financial assistance within the prescribed norms. As per information available, 343 Gram Nyayalayas have been notified by 11 State Governments of which 210 Gram Nyayalayas have become operational in 9 States.



'LOK SABHA UNSTARRED QUESTION NO. 2050


Judiciary under Pressure

2050. SHRI RAJU SHETTY:


(a) whether the Judicial system in the country is working under pressure;

(b) if so 1 the reasons therefor;

(c) if not, the reasons for recent controversy in the Supreme Court; and

(d) the measures the Government is taking to resolve this unrest?

ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE

AFFAIRS


(a) to (d): There is no information with the Government to show

that the Judicial system is working under any pressure. Judiciary is

an independent organ under the Indian Constitution and is fully

empowered and capable of handling all its matters. The

Government is committed to the independence of Judiciary and

does not intervene in its functioning .

•••••



LOK SABHA


TO BE ANSWERED ON WEDNESDAY. THE i'H MARCH, 2018

FAST TRACK COURTS

t2058. SHRJ RA VINDER KUSHA W AHA: SHRI NISHIKANT DUBEY: SHRl KAPIL MORESHWAR PATIL: SHRJ RAVINDRA KUMAR PANDEY:

Will the Minister of LAW AND WSTICE be pleased to state:

(a) the details of Fast Track Courts (FTCs) functioning in the country, Statew1se;

(b) the number of cases disposed of during the 1ast three years and the current year and number of cases presently pending in these courts, State-wise;

( c) the total funds allocated and spent for setting up of these courts during each of the last three years and the current yeac

( d) whether the Government proposes to set up more FTCs in the country and if so, the details thereof, State-wise;

(e) whether the Government is satisfied with the performance of FTCs in delivering rapid justice to litigants and if so, the details thereof;

(t) whether FTCs are not functioning anymore or the same are proposed to be continued by State Governments owned resources and if so, the respective details of such courts; and

(g) the steps taken/being taken by the Government to ensure quick disposal of cases filed under these courts?

ANSWER

MINISTER OF STATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS (SHRl P.P. CHAUDHARY)

(a) to (g): The details of FTCs functioning in the country and the number of

cases presently pending in these courts (State-wise) as per infonnation received

from High Courts is given at Annexure-1. However. the details of number of

cases disposed of in these courts during the last three years and the current year

is not maintained centrally in the Department of Justice, as their monitoring

comes within the purview of the respective High Courts.

The Government of India had proJ>osed setting up of 1800 FTCs with a

cost of Rs. 4144 crores as a component of its Memorandum to the 14th Finance

Commission (FC) in order to dispose of cases pertaining to heinous crimes

involving women, children etc. The 14th PC endorsed the proposal of the Union

Government and urged the State Governments to use the additional fiscal space

provided by the Commission in the tax devolution from 32o/o to 42% to meet

such requirements. The funds earmarked during the 14th FC Award period State

wise, is given at Annexure-11.

The decision of setting up of FTCs and allocation of funds lies within the

domain of the State Governments who set up such courts as per their need and

resources, in consultation with the concerned High Courts. In its judgment in

Brij Mohan Lal & Others vs Union of India & Others on 19.04.2012, the

Supreme Court had, inter alia, directed the States that they shall not take a

decision to continue FTCs on an ad-hoc and temporary basis. They (States) will

need to decide either to bring the FTCs scheme to an end or to continue the same

as a permanent foature in the State.

The Union Government has adopted a coordinated approach to assist

judiciary, which includes FTCs, for phased liquidation of arrears and pendency

in judicial systems and involves better infrastructure for courts including

computerization, increase in strength of judicial officers/judges, policy and

legislative measures in the areas prone to excessive litigation and emphasis on

human resource development. Tht! Central Govenunent has urged the State

Governments to allocate funds for the activities mentioned in the 14m FC

recommendations from their State budgets from 2015-16 onwards. The Minister

of Law & Justice has also written letters to all the Chief Ministers of States and

the Chief Justices of High Courts to implement the resolution of the Chief

Ministers/Chief Justices Conference including the recommendations of the 14th

FC related to FTCs.

Annexure-1

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (g) OF THE LOK SABHA UNSTARRED QUESTION N0.2058 TO BE ANSWERED ON THE 7 TH MARCH, 2018 REGARDING FAST TRACK COURTS.

Name of tbe States/UTs No of Fast Track No. of Cases Pending Courts functional as in the Fast Track OD 31.12.2017 Courts

(As on 31.12.2017) Andhra Pradesh , 72 9085 Telan2ana Assam, Arunachal Pradesh, 0 0 Nagaland, Mizoram

Bihar 55 22616 Cbha.ttisgarh 21 4292 Delhi 14 6729 Goa 4 4719 Gujarat 0 0

Baryana 0 0 Himachal Pradesh 0 0

Jammu & Kashmir 5 0 Jharkhand 14 2136 Karnataka 0 0 Kera la 0 0 Madhya Pradesh 0 0 Maharashtra 100 105301 Manipur 3 U4

Meghalaya 0 0 Odisba 0 0 Punjab 0 0 Puducherry -Rajasthan 0 0 Sikkim 2 13 Tamil Nadu 69 50641 Tripura 3 891 Uttar Pradesh 273 323854 Uttarakhaud 4 671

West Bengal 88 39162

Total 727 570224

ANNEXURE-D

STATEMENT REFERRED TO IN REPLY TO PARTS Ca) to (g) OF TI-IE LOK SABHA UNSTARRED QUESTION NO. 2058 TO BE ANSWERED ON 7TH

MARCH, 2018 REGARDING f AST TRACK COURTS.

Funds allocated for establishment of 1800 Fast Track Cou1ts for a period of five years (2015-2020) as endorsed by the 141

h Finance Commission: (Rs. in crore)

S.No Name of the State Funds allocated · I. Andhra Pradesh 108.21 2. Telangana 85.18 3. Assam 82.88 4. Arunachal Pradesh 0.00 -5. Mizoram 16.12 6. Nagaland 6.91 7. Bihar 338.43 ·- . --8. Chhattisgarh 64.46

r----- - . 9. Gujarat 400.59 I 0. I Himachal Pradesh 29.93

,

I

.. ·-11. Jamrnu & Kashmir 48.35 12. Jharkhand 115.11 - --13. Karnataka 218.72

94.39 ' 14. Kerala, Lakshadweep

~ I-

15. Madh~ Pradesh 306.20 -16. Maharashtra. D&N, Daman & Diu 469.67 17. Goa 11.51 -18. Manipur 6.91

·-19. Meghala~a 9.21 ---20. Orissa 145.04 21. Punjab 115.11 22. Chandigarh 4.6 l 23 - - Haryana 110.51 24 Rajas than 214.11 25 Sikkim 2.3 26. Tamil Nadu, Puducher~ 204.91

27 Tri Eura 20.72 28 Uttar Pradesh 488.08 -29 Uttarakhand 64.46

~--- -30 West Bengal, A&N lslands 216.42 31 Delhi 145.05

Total 4.144.11 -* The amount is to be allocated by the State Governments from their enhanced State budgets made available to them in the form of tax devolution.

GOVERNMENT QF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA

UNST ARRED QUESTION NO. 3035

TO BE ANSWERED ON WEDNESDAY, THE 14TH MARCH, 2018.

Criminal Justice Reforms

3035. SHRI A. P. JITHENDER REDDY:


(a) whether the Government is considering to implement the criminal justice reforms as suggested by the Malimath Committee;

(b) if so, the details of the specific reforms which are under the Government's consideration; and

(c) if not, the reasons therefor?

ANSWER


(a) to (c): Justice Malimath Committee Report of 2003 and the Professor

Madhava Menon Committee Report of 2007 have been referred to the Law

Commission of India with a request for giving a comprehensive report

covering all aspects of criminal law so that comprehensive amendments

could be made in the various laws viz Indian Penel Code and Code of

Criminal Procedure. The Law Commission of India has intimated that they

have identified certain focus areas and formed sub-groups to deliberate on

such areas.

. ............... .

GOVERNMENT Of INDIA MINISTRY OF LAW & JUSTICE



TO BE ANSWERED ON WEDNESDAY, THE 14™MARCH, 2018.

Representation of Women In Judiciary

3095. SHRI J. C. DIVAKAR REDDY


(a) whether representation of women in the judiciary is very low in the country, particularly in Andhra Pradesh in lower I High courts also and if so, the details thereof and the reasons therefor;

(b) whether the Government has any details on representation of women in judiciary, if so, State I court-wise details thereof; and

(c) the steps being taken to improve the representation of women in judiciary in future?


(SHRI P. P. CHAUDHARY)

(a)&(b): As per the available information, as on 01.03.2018, there is one woman Judge in the Supreme Court and 73 women Judges in all the High Courts. The working strength of permanent and additional Judges in all the High Courts is 673. Thus, women constitute about 10.85% of the working strength of Judges in the High Courts. As against a working strength of 30 Judges in the Telangana & Andhra Pradesh High Court, there are 3 women Judges which constitutes 10% of the working strength. The High Court-wise details of women Judges in High Court are given in a Statement at Annexure - I. The Union Government does not maintain details regarding representation of women in the subordinate courts including district courts in the states, including in the States of Telangana and Andhra Pradesh. (c): Appointment of Judges of the Supreme Court and High Court is made under Articles 124 and 217 of the Constitution of India respectively. These Articles do not provide for reservation for any caste or class of persons. However, the Government has requested the Chief Justices of the High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates, inter-alia, from amongst women.

Further, the selection and appointment of iudoes in subordinate courts is the responsibility of the High Courts and the State Governments concerned. The recruitment of judicial officers in some States is done by respective High Courts, whereas in other States the High Courts do it in consultation with the State Public Service Commissions. As per the available information, some States have provided reservation quota for appointment of women in the subordinate judiciary. The State-wise status of reservation

for women in the subordinate judiciary is given at Annexure - II.

Annexure-1

Statement referred to Lok Sabha Unstarred Question No.3095 for reply on 14.03.2018

(Status of Women Judges Supreme Court and High Courts as on 01.03.2018)

SI. Name of the Court No. of women Judges No.

A Supreme Court of India 01

SI. Name of the Court No. of women Judges No. B High Court 1 Allahabad 06 2 Telangana & Andhra Pradesh 03 3 Bombay 11 4 Calcutta 04 5 Chhattisgarh --6 Delhi 10 7 Gauhati 01 8 Gujarat 03

-

9 Himachal Pradesh -10 Jammu & Kashmir --11 Jharkhand 01 12 Karnataka 03 13 Kera la 05 14 Madhya Pradesh 03 15 Madras 11 16 Manipur --17 Meghalaya --18 Orissa 01 19 Patna 02 20 Punjab & Harvana 06 21 Rajasthan 02 22 Sikkim 01 23 Tripura --24 Uttarakhand --

Total 73 -

··········~·····

Annexure-11 Statement referred to Lok Sabha Unstarred Question No.3095 for reply on 14.03.2018

Status of Reservation for Women in the State Judiciary (Higher & State Judicial Services)

SI. No. State Government Status of Reservation for Women States where reservation provided in the rules 1 Andhra Pradesh 33.3 % of open and reserved categories 2 Chhattisgarh 30% (Horizontal & Compartment-wise) 3 Odis ha 33.3 % in State Judicial Services. 4 Rajasthan 30% (shall be horizontal) States where no reservation provided in the rules 1 Arunachal Pradesh No reservation for women under the rules 2 Assam No reservation provided in the rules 3 Bihar No reservation provided in the rules 4 NCTof Delhi No reservation provided in the rules 5 Goa No reservation for women as per Rules. 6 Gujarat No reservation for women as per Rules. 7 Haryana No reservation for women as per Rules. 8 Himachal Pradesh No specific provision in the rules. 9 Jammu & Kashmir Rules unavailable 10 Jharkhand No specific provision in the rules. 11 Karnataka Rules unavailable 12 Kera la No reservation for women as per Rules. 13 Madhya Pradesh No reservation for women as per Rules. 14 Maharashtra No specific provision in the rules. 15 Manipur No reservation for women as per Rules. 16 Meghalaya No reservation for women as per Rules. 17 Mizoram No specific provision in the rules. 18 Nag a land No specific provision in the rules. 19 Punjab No reservation for women as per Rules. 20 Sikkim No specific provision in the rules. 21 Tamil Nadu No specific provision in the rules. 22 Telangana No specific provision in the rules. 23 Tripura No specific provision in the rules. 24 Uttar Pradesh No specific provision in the rules. 25 Uttarakhand No specific provision in the rules. 26 West Bengal No specific provision in the rules.

~



****** LOK SABHA

UNSTARRED QUESTION NO 3164 TO BE ANSWERED ON WEDNESDAY, THE 14th MARCH, 2018

Tele-Law Scheme

3164. SURI KUNW AR BHARA TEND RA:

Will the Minister of LAW AND JUSTICE be pleased lo state:

(a) the data regarding the progress of the Tele-Law scheme, including the

number of legal practitioners participating in the scheme and the

number of Para Legal Volunteers appointed;

(b) the detail of the cost incurred on the scheme till date; and

( c) whether any measures have been undertaken to increase access to

justice and legal literacy in rural India and if so, details thereof?

ANSWER

MINISTER OF STATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS

(SURI P.P.CHAUDHARY)

(a) Tele law programme seeks to provide free legal advice through Common Service

Centres (CSC) in 1,800 gram panchayats in 11 States of the country. The state-wise breakup of CSCS where Tele-Law programme is implemented is at /\nnexure-A. As on date, 19

panel lawyers have been appointed for providing legal advice. A total of 2,977 Para Legal

Volunteers (PL Vs), Village Level Entrepreneurs ( VLEs) an<l Panel Lawyers have been

trained under the Tek-Law Prograrnmt!. J\s on 09.03.2018, 14, 184 persons have registered

for seeking advice in the Tele Law portal, and out of these legal advice has been providc<l iri 11,339 cases.

(b) A total of Rs.86.60 lakh has been incurred on various activities including payment of

honorarium to Panel Lawyers, PLVs, expenditure incurred for their training, devdopmcnt of

1

software and hosting the application software, design and distribution of promotion and

publicity materials.

(c) The Government and the National Legal Services Authority (NALSA) have

undertaken a number of measures to increase access to justice and legal literacy in ruraJ areas.

(i) The NALSA and Legal Services Authorities (LSAs) from Supreme Court to taluka level

courts provide frt:e panel lawyers to people of poorer and weaker sections of society for legal advice, drafting of applications and filling up of various forms, making personal appearance

in the court and providing certified copies of judgements. The LSAs also pay court fee on

behalf of marginalized litigants who cannot afford to make payment. In special cases where

court appoints commissions for marginalized persons, the LSJ\s make payment to the commissioners and incur expenditure for summoning of witnesses. The NALSA Legal Aid Clinics Regulations, 20 l l provide for establishment of legal services clinics at all villages, or

for a cluster of villages, depending on the size of such villages. Details of legal aid clinics

established in villages/rnral areas all over the country and the beneficiaries thereof (during

the period from April, 2017 to December. 2017) are at Annexure-B. (ii) The Government in partnership with UNDP has implemented Access to Justice Project in

eight States namely, UP. Bihar, M.P, Chhattisgarh, Jharkhand: Rajasthan, Odisha and Maharashtra from 2009 to 2017. Under the project legal awareness campaigns were

undertaken in partnership with State Governments, State Legal Services Authorities and civil

society organizations.

(iii) The Government has also been implementing ont! Access to J usticc Project since 2012

in 8 States of the North East and the State of Jammu & Kashmir. Under the project similar

legal awareness campaigns and legal aid activities were undertaken in partnership with the State Governments, State Legal Services Authorities and civil society organizations. As part

of creating legal awareness amongst the various stakeholders, Information Education

Communication (IEC) materials have been published and distributed in English, Hindi as well as various local languages including Assamese, Bengali, Nepali, Bodo, Karbi, Lirnboo,

Bhutia, Kokhorok, Lepcha, Rabha. Garo, Manipur. This material is available on the website

of the Department of Justice at http://www.tele-law.in/static/iec-materials.php.

(iv) Jn April, 2017, the Government has launched new legal aid schemes for the poor namely, Tele Law and Pro Bono Legal Services. Under the Pro Bono legal service scheme,

220 advocates have volunteered their services for marginalized.

(v) Legal aid clinics were set up in rural areas where panel lawyers provide free legal advice

and draft applications on behalf of the marginalized.

*****

ANNEXURE-A

Annexure as referred to in reply to the Lok Sabha Unstarred Question No. 3164 for 14.03.2018 raised by S/Shri Kunwar Bharatendra regarding Telelaw Scheme

Statement showing State-wise break-up of CSCs where Tele-law programme is implemented. -Sr Name of State Number of CSCs where Tele No. Law service is provided I Uttar Pradesh 500 2 Bihar 500

---3 Assam 450 -4 Arunachal Pradesh 29 5 Nagaland 43 6 Mizoram 12

-- --- --7 Manipur 21 8 Trieura 40 --- - -9 Me1tl\alaya 45

-~--

10 Sikkim 10 --11 Jammu & Kashmir 150

#-~-

Total 1800

*****

ANNEXURE-B Annexure as referred to in reply to the Lok Sabha Unstarred Question No.3164 for 14.03.2018

raised by S/Shri Kunwar Bharatendra regarding Tele-law Scheme

State-wise number of Legal Services Clinics established in villages/ rural areas in the country and persons provided legal assistance during the current financial year 2017-18 on the basis of

information furnished by State Legal Services Authoriteis. S.No. Name of the Number of Village Legal Services Number of persons provided

SLSAs Clinics established as on 31.12.2017 Legal Assistance

1 Andhra Pradesh 457 8012 2 A.runachalPradesh 0 0 3 Assam 146 1377 4 Bihar 112 614

-5 Chhattisgarh 279 26511 6 Goa 61 1318

-7 Gujarat 487 4284

r----··

8 Ilaryana 321 112365 9 Himachal Pradesh 893 11924 10 J ammu & Kashmir 131 7252 11 Jharkhand 382 20950 12 Karnataka 147 6019

-13 Kerala 173 6907 14 Madhya Pradesh 555 7754 15 Maharashtra 387 2706 16 Manipur 54 2676 17 Meghalaya 104 1805 18 Mi:wram 57 2763 19 Nagaland 89 1398 20 Odisha 262 3427 21 Punjab 274 12028 22 Raiasthan 6243 91943 23 Sikkim 12 109 24 Tamil Nadu 551 1019 25 Telangana 260 2499 26 Tripura 317 14161 27 Uttar Pradesh 44 651 28 Uttarakhand 120 1383 29 West Bengal 593 24820 30 A & N Islands 0 0 31 U. T. Chandigarh 9 4401 32 D&NHaveli 12 0 33 Daman & Diu 6 0 34 Delhi 0 0 ~ -

35 Lakshadweep 0 0 36 Puducherry 55 7 .._

~ -Total 13593 383083

( ,f...__ ( • \{ •-.,t; ~-' ~ \. v .JI'./ '





Judges from SC/ST/OBC Category

3174. DR. RAVINDRA BABU:


(a) whether the Government is aware of the fact that as per National Commission

for Scheduled Castes's report of 2011, there are only 21 judges from SC/ST

community in High Courts against a total number of 850 judges and 14 out of 21

High Courts did not have a single judge from these communities; and

(b) if so, the steps taken by the Government to provide opportunities for citizens

from SC, ST and OBC category to become judges?



(a) and (b): Yes Madam. The appointment of Judges of the High Courts is made

under Article 217 of the Constitution of India, which does not provide for

reservation for any caste or class of persons. Therefore, no caste or class-wise

data relating to High Court Judges is maintained. Th~ Gover!'lment has, however

been requesting the Chief Justices of the High Courts that while sending

proposals for appointment of Judges, due consideration be given to suitable

candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward

Classes, Minorities and Women.

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE


LOK SABHA UNSTARRED QUESTION N0.3180


Special Courts for Politicians Involved in Corruption Cases

3180. SHRI BHOLA SINGH:

PROF.PREM SINGH CHA>IDUMAJRA

WiJl the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Supreme Court has urged the Government to quickly set up a special court to

try politicians involved in corruption for speedy trials in the country;

(b) if so, the details thereof and the response of the Government thereto; and

(c) the time by which it is likely to be implemented?

ANSWER

Minister of State for Law & Justice and Corporate Affairs


(a) to (c): In Writ Petition (Civil) No.699/2016 (Ashwini Kumar Upadhyay Vs Uo! & Anr), the

Hon'blc Supreme Court or India on the 01s1 November, 2017 lrnd directed the Union

Government to prepare a scheme for setting up of Special Courts exclusively to deal with

criminal cases invol\:ing d~ded MPs/MLAs. J\ draft Scheme had accordingly been submilkd

before the llon'ble Suprcmi.: Court for implcmenLation. The Hon'ble Supreme Court of India

vide its Order dated 14.12.2017 has approved the Scheme and Jirect~d the Union Government lo

proportionately allocate the amount to the different states (in which the proposed Special Courts

are proposed to be located) forthwith and thereafter the State Governments will mal..e nece~sary

arrangements for judicial nrficers, staff and infrastructure in consultation with the lligh Courts.

The Union Government has released the funds earmarked for the fi.nandal year 2017-18 to the

State Governments (wherever applicable) :.md as pi.!r the orders of the Hon'ble Supreme Court,

the said Courts, had to start functioning from 01.03.20 l 8.

*******



LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 21 ST MARCH, 2018

Probation of Offenders Act · ..

4163. SHRJ RABINDRA KUMAR JENA :


(a) whether the Government has taken any steps to strengthen the implementation of Probation of Offenders Act, 1958;

(b) if so, the steps taken by the Government in this regard;

(c) the number of persons benefited under Sections 3 & 4 of the Probation of Offenders Act, 1958, State-wise; and

( d) the details of sanctioned and filled posts of probation officers, Statewise?

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS

(SHRI P.P.CHAUDHARY)

(a) to (d): The information is being collected and will be laid on the Table of

the House.

****




TO BE ANSWERED ON WEDNESDAY, THE 21 5r MARCH, 2018.

Disposal of Pending Cases

4164. SHRI RAM CHARITRA NISHAD:


(a) whether it is a fact that all the ministries have been asked to provide a list of long pending or important cases so that they can be taken up for quick disposal;

(b) if so, the details thereof; (c) whether it is also a fact that the communication gap between the ministries or

with the Law and Justice Ministry has often resulted in delays in filing affidavits; and

(d) if so, the details thereof?



(a) & (b): The Ministry of Law & Justice has suggested to various Government Departments and Organisations and other related bodies to explore options for settlement of their disputes through alternate methods, like mediation, arbitration, conciliation, etc. either online or otherwise. For the purpose, the information about Agencies/ Institutions I Organisations working in the field of such alternate methods of dispute resolution has been made available on the website of the Department of Justice. The relevant Government Ministries were requested in April, 2017 to take necessary action for reducing number of court cases in which Government is a party. It was followed by a series of meetings held with various Ministries and Departments in the months of June and August 2017 requesting them to review their pending cases with a view to reduce number of litigation and to consider contempt cases in parlicular so as to weed out vexatious and unnecessary litigation pending in courts. All the Central Government Ministries ·and Departments have been asked to update data on pending litigations involving them on the web-portal created by Department of Legal Affairs, namely, Legal Information Management and Briefing System (LIMBS).

(c) & (d) : Every effort is made to file the affidavit in time after due consultation with Ministries I Departments concerned, wherever necessary. However, no such information regarding delay in filing affidavit on account of communication gap between the Ministries or with the Ministry of Law and Justice, is maintained centrally.

GOVERNMENT OF INDIA MINISTRY OF LAW &-tJUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 215T MARCH, 2018.

Pending Court Cases

t4168. SHRI MANSUKHBHAI DHANJIBHAI VASAVA: SHRI SUNIL KUMAR MONDAL: SHRI RAM KUMAR SHARMA:


(a} whether cases as old as 20 years are still pending in High Courts and Supreme Court of the country and if so, the facts in this regard;

(b) the numbers of such cases which have been lying pending for more than 20 years in each of the High Courts of the country;

(c) whether the Government has formulated any action plan to dispose of the said cases on priority basis and if so, the details thereof;

(d) the number of cases pending at present in Gujarat High Court and the number of cases which are pending for more than 15 years out of these;

(e) whether the people of Gujarat are unable to get justice due to long pendency of cases in the State and if so, the reaction of the Government thereto; and

(f) the number of judges working in Gujarat High Court during each of the last three years and number of the vacancies of judges in the State?

ANSWER


(a) to (e): Data on pendency of cases is maintained by the Supreme Court and High Courts. As per information available on the web-portal of National Judicial Dat? Grid (NJDG), details of cases pending for more than 10 years in various High Courts including Gujarat High Court are given in a Statement at Annexure. A total of 1,09,709 cases are pending in Gujarat High Court, out of which 17,032 cases are pending for more than 10 years.

Disposal of cases in courts is within the domain of the judiciary. In pursuance of resolution passed in the Chief Justices' Conference held in April, 2015, 23 High Courts have set up Arrears Committees to clear the backlog of cases pending for more than five years, except Sikkim High Court where there is no pendency of more than five year old cases. The Arrear Committees have chalked out Action Plans to reduce pendencies in their respective jurisdictions. The Supreme Court has also constituted an Arrears Committee consisting of

two Hon'ble Judges to formulate steps to redu~ pendency of cases in High Courts and District Courts. At district level, the District Judge holds monthly meeting of all judicial officers to monitor progress made in reduction of long pending cases.

Government on its part has taken several measures to facilitate early disposal of cases. In order to expedite the trial of court cases, legislative changes have been made in procedural laws which include provisions for limiting adjournments of court proceedings in criminal and civil matters as contained in Section 309 of the Code of Criminal Procedure, 1973 and Order XVII of the Code of Civil Procedure, 1908. Further, the Government has set up a National Mission for Justice Delivery and Legal Reforms to achieve twin goals of (i) increasing access to justice by reducing delays and arrears; and (ii) enhancing accountability through structural changes and by setting performance standards and improving capacities. The Mission has adopted a coordinated approach for phased liquidation of arrears and pendency in judicial administration by providing support for better court infrastructure including computerisation, encouraging increase in the strength of subordinate judiciary and recommending policy and legislative measures in the areas prone to excessive litigation and suggesting re-engineering of court procedures for quick disposal of cases. The challenges posed by huge backlog and pendency of cases in the judicial system cannot be met without the active involvement of judiciary. The Chief Justice of India, after consulting the Minister of Law and Justice established the National Court Management Systems (NCMS) in May, 2012. The 'Policy and Action Plan' document to implement NCMS was released by the Chief Justice of India on 27.9.2012. NCMS is responsible for preparing a policy guideline for developing a National Framework of Court Excellence (NFCE) to set measurable performance standards for Indian courts to address issues of quality, responsiveness and timely delivery of justice. All High Courts have constituted State Court Management System (SCMS) to do similar exercise at the State Level. The Minister of State for Law and Justice vide letter dated th February 2017, addressed the Chief Justices of all the High Courts requesting them to speed up the process of implementation of e-Court Project for actualising the objectives of the Project. The number of computerised District and Subordinate Courts in the country has increased from 13,672 to 16,089. The Department of Justice has requested Chief Secretaries of all State Governments to utilise the various tools available like the National Judicial Data Grid (NJDG) database, accessible through http://njdg.ecourts.gov.in/njdg/index.php. The NJDG's query builder and management tools functionality enables culling out of information and reports on Act wise, Litigant wise, Date wise, City wise, District wise, Court Establishment/ Court wise and Judge wise legal pendency in both civil and criminal matters. This can be used to look into state and I or department specific pendencies and enable steps to be taken at the governments' end to reduce such pendencies.

(f): As per available information, 28, 31 and 31 Judges were working in Gujarat High Court at the end of the calendar years 2015, 2016 and 2017 respectively. In so far as the District and Subordinate Courts in Gujarat are concerned, the information (as provided by the Gujarat High Court) as on 28.02.2018 is as follows:

Sanctioned Strength : 1496 Working strength 1116 Vacancies 380

Annexure - ~

Statement referred to in reply to Lok Sabha Unstarred Question No.4168 dated 21.03.2018 Pending Cases in various High Courts for more than 10 years

S. No. High Court Name Total 1. Allahabad High Court 2,67,713

2. High Court of Bombay 1,45,425

3. High Court of Punjab and Haryana 1,08,807 4. Calcutta High Court 93,251

5. High Court of Rajasthan 70,412 6. High Court of Madhya Pradesh 65,681 7. Telangana and Andhra Pradesh High Court 51 ,585

8. Madras High Court 51,044 9. Orissa High Court 39,464 10. Patna High Court 23,736

11 . High Court of Kerala 20,218 12. High Court of Gujarat 17,032 13. High Court of Jharkhand 15,413 14. High Court of Jammu and Kashmir 9,344 15. High Court of Delhi 8,880

16. High Court of Chhattisgarh 7,011 17. High Court of Uttarakhand 6 ,422

18. High Court of Karnataka 6,288 19. High Court of Manipur 4,524

20. High Court of Himachal Pradesh 1,814

21 . Gauhati High Court 286 22. High Court of Tripura 3

23. High Court of Meghalaya 1 Total Cases pending in various High Courts for more than 10 Years 10,14,354

********************

-· GOVERNMENT OF INOLA MINISTRY or LAW & JUSTICE


LOK SABHA

UNSTARRED QUESTION NO. t4 183 TO BE ANSWERED ON WEDNESDAY, THE 21 5

T MARCH, 2018.

All India Judicial Services

t4183. SIDUMATI RlTI PATHAK:


(a) the present status of All Indian Judicial Service for subordinate judiciary; (b) the details of various opinions given by the State Governments and courts in this r~gard ; (c) whether the Government has completed the consultation process in the matter; ( d) if so, the dctai Is thereof; and

(e) the steps taken by the Government to remove the objections raised by various High Courts in this regard?

ANSWER

MINISTER OF STA TE FOR LAW AND JUSTICE AND CORPORA TE AFFAIRS (SHRI P. P. CHAUDIIARY)

(a) to (e): A comprehensive proposal was formulated for the constitution of All India Judicial Service (AIJS) which was approved by the Committee of Secretaries in November, 2012. The proposal was included as an agenda item in the Confer~nce of Chief Ministers and Chief Justices of the High Courts held in April, 2013 wherein it was decided that the issue needs further deliberatio n and consideration. The views of the State Governments and High Courts were sought on the proposal. While some State Governments and High Courts were not in favour of creation of All India Judicial Service, some other State Governments and High Courts wanted changes in the proposal formulated by the Central Government.

Only High Courts of Sikkim and Tripura have concurred with the proposal approved by Committee of Secretaries for formation of All Jndia Judicial Service. High Courts of Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Orissa and Uttarakhand have suggested changes in age at induction level, qualifications, training and quota of vacancies to be filled through All lndia Judicial Service. Rest of High Courts have not favoured lhe idea. Most of the High Courts want the administrative control over the Subordinate Judiciary to remain with the respective High Courts. The High Courts of Jharkhand and Rajasthan have indicated that the matter regarding creation of AUS is pending consideration. No response has been received as yet from the High Courts of Calcutta, Jammu & Kashmir and Gauhati.

The State Governments of Arunachal Pradesh, Himacbal Pradesh, Kamataka, Madhya Pradesh, Meghalaya, Nagaland and Punjab do not favour the formation of AIJS. The State Govermnent of Maharashtra wants the recruitment to be done at Judicial Magistrate First C lass (JMFC) level which is not in consonance with the provisions of AIJS as included in the Constitution of India. The State Governments of Bihar, Chhattisgarh, Manipur, Orissa and Uttarakhand want changes in the proposal formulated by tbe Central Government. The State Government of Haryana has stated that the proposal seems to be justified. The State Government of Mizoram has supported creation of AIJS on the lines oflAS, lPS and other Central Services. The State of Jammu and Kashmir has mentioned that provisions of Constitution of India for formation of AIJS incorporated in the Constitution by 42nd Amendment Act, 1976 are not applicable to the State of Jammu and Kashmir. No response has yet been received from rest of th_e states.

The proposal for constitution of All India Judicial Service with views from the High Courts and Stale Governments received thereon was included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of the High C ourts held on 051

h April, 2015. However, no progress was made on the subject.

The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judges I judicial officers at aU level was also included in the agenda for the Chief Justices Conference, which was held on 03rd and 04•h April, 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expeditiously.

However, keeping in view the divergence of opinion among the stakeholders on constitution of All India Judicial Service, the Government has undertaken the consultative process to arrive at a common

ground.

-

GOVERNMEm- OF INDIA MINISTRY OF LAW AND JUSTICE


LOK SABHA

UNSTARRED QUESTION N0.4221 TO BE ANSWERED ON WEDNESDAY, THE 21st MARCH, 2018

FTCs in Jbarkhand

t4221. SHRI VUAY KUMAR HANSDAK:


(a) whether Fast Track Courts (FTCs) have been set up in Jharkhand; (b) if so, the details thereof; ( c) whether the required funds have not been released to ensure overall smooth

functioning of the said FTCs; ( d) if so, the reaction of the Government thereto; and (e) the funds released for the State of Jharkhand for the said purpose during the last Lhree

years?

ANSWER

Minister of State for Law & Justice and Corporate Affairs (SHRI P.P. CHAUDHARY)

(a) & (b): As per information received from the High Court of Jharkhand, at present, no Fast Track Court (FTC) is functional in the State of Jharkhand. However, 14 Courts with judicial officers of the rank of District & Additional Sessions Judge as Presiding Officers have been designated as FTCs for trial of cases related to witch (dayan) murder/torture, offences against women and rape. Out of these, presently 9 Courts are functional while 5 are not functional. The details of these courts are given as Annexure.

(c) to (e): Setting up of subordinate courts, which includes FTCs, falls within the domain of the State Governments who set up such Courts as per their need and resources, in consultation with the concerned High Courts.

However, the Union Government in its Memorandum to the 14th finance Commission proposed setting up of 50 FTCs in the State of Jharkhand for a period of five years at a cost of Rs.115.11 crore to deal with all cases of heinous crimes like cases involving senior citizens, women, children, etc. and urged the State Government to use the additional fisc.al space provided by lhe Commission in the form of enhanced tax devolution (from 32% to 42%) to meet such requirements.

ANNEXURE

ANNEXURE REFERRED TN REPLY TO PARTs (a) & (b) OF THE LOK SABHA UNSTAR.RED QUESTION N0.4221 TO BE ANSWERED ON 2lsr MARCH, 2018 ASKED BY SHRl VIJA Y KUMAR 1-IANSDAK REGARDING FTCs IN JHARKHAND

-SL No. District Nwnber. of Courts

-Courts Desisroated and functional 1 Ranchi 2 2 Dhanbad 3 3 Bokaro 2 4 East Singhbhum at Jamshedpur 1 5 Hazaribagh 1 Courts Designated but not functional 1 Ranchi 1 2 Singhbhum West at Chaibasa 1 3 Khunti 1 4 Palamau 1

5 Simdega 1

GOVERNMENT OF INDIA

MINISTRY. OF LAW AND JUSTICE (DEPARTMENT OF JUSTICE)

LOK SABHA

UNST ARRED QUESTION No. 4229 TO BE ANSWERED ON WEDNESDAY, THE 21st MARCH, 2018

e-Courts Mission Mode Project

4229. SHRI D. K. SURESH:


(a) the status of implemenlation of e-Courts Mission Mode Project in the country;

(b) whether the Government has achieved the target set for e-Courts

Mission Mode Project in the country and if so, the details thereof, (c)the details of the total number of e-Courts set up in the country till date;

and

( d) the details of total allocation· made and spent on the said project m

the country till date for the last three years?

ANSWER

MINISTER OF STATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS


(a) to (c): The Government is implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement

of district and subordinate courts. The eCourts Mission Mode Project Phase I was implemented during 2011 - 2015 wherein Rs. 251 crores was released for

computerisation of district and subordinate courts. At the end of Phase-I, out of the

total target of computerisation of 14,249 district and subordinate courts, sites for all

14,249 courts (100%) were made ready for computerisation, out of which LAN was

installed at 13,643 courts, hardware provided in 13,436 courts and software was

installed in 13,672 courts. Laptops were provided to 14,309 judicial officers and change management exercise was completed in all the High Courts. Over 14,000

Judicial Officers were trained in the use of UBUNTU-Linux Operating System and

0

more than 4000 court staff have been trained in Case Information System (CIS) as System Administrators. Video Conferencing facility was operationalised between 488 court complexes and 342 corresponding jails.

Under the Phase II of the Project (2015-19), Rs. 936.98 crores has been released till

date against the financial outlay of Rs. l 670 crores. Computerisation of 16,089 district and subordinate courts has been completed, through provisioning of computer

hardware, Local Area Network (LAN), and installation of standard application sofiware.

The details of computerised district and subordinate courts under various High Courts

are as under:

S. No. Name of the High Court I No. of computerised subordinate courts

l. Allahabad 1733 2. Andhra Pradesh 1078 3. Bombay 2079 ~-- - -- -4. Calcutta 772 !

5. Chattisgarh 340 6. Delhi 427 7. Gauhati 442 8. Gujarat 1108 9. Himaehal Pradesh 118

-· 10. Jabalpur 1203

-11. Jammu And Kashmir 218 12. Jharkhand i 351 ;

I -13. Jodhpur i 978 I

-- i 14. Karnataka I 897 i 15. Kera la f 486 I

I 16. Madras I 988

f-- - -- - - - - --·· -17. Orissa 509

18. Patna 1025 19. Punjab And Haryana 1018 20. Sikkim 15

21. Uttarakhand 185 22. Tripura 62 23_ Manipur 30 24. Meghalaya 27

Total 16089

1

A new and user-friendly version of Case Information Software (CIS 2.0) has been

developed and deployed at all the computerized District and Subordinate Courts. QR

Code facility has been made operational in the software. An advance version of CIS NC 3.0 has been made ready for deployment.

Till date, 11 High Courts have migrated to Case Information System National Core version 1.0.

The National Judicial Data Grid (NJDG) for District & Subordinate Courts has been

created as an online platform which now provides information relating to judicial

proceedings/decisions of 16,089 computerized district and subordinate courts of the

country. The portal provides online information to litigants such as details of case registration, cause list, case status, daily orders, and final judgments. Currently litigants can access case status information in respect of over 9 crorc cases and more

than 6 crore orders I judgments. Litigant centric information can be obtained through

the eCourts po1tal ( http~://ecourts.gov .in). Case information is thus available

speedily to the petitioners and respondents. The eCourts portal and National Judicial

Data Grid (NJDG) also serve as tools of efficient court and case management for

judiciary which aids in disposal of pending cases.

Judicial Service Centres (JSC) have been established at all computerized subordinate

courts to serve as a single window for filing petitions and applications by litigants/

lawyers, and for obtaining information on ongoing cases and copies of orders and judgments etc. ECourts mobile app with the facility of QR Code was launched on

22.07.2017 for use of litigants and lawyers. Services under different captions viz.

Search by CNR, Case Status, Cause List and My Cases are available on this

application, which is available on both Google Play and Apple Store.

Furthermore, the facility of providing case information services through SMS has also

been implemented and the process of disseminating system-generated SMSs is

operational. The case details can also be obtained by sending unique CNR number

(Case Number Record) to a mobile number through SMS. Cause lists, judgements,

case status etc. can be received in the litigants' mailbox on registration of email

address. Information Kiosks have been setup at all computerized court complexes for

disseminating judicial information related to cause lists and other case related

information to the lawyers and litigants.

An cFiling application to enable the advocates, petitioners-in-person, etc., to file their

cases on-line (at any time) has been launched in December 2017 and has been

deployed at Delhi district court and successfully tested at City Civil Court, Mumbai.

During the Phase JI, till date, about 109.56 crore electronic transactions have been

recorded for eCourts through cTaal portal.

2

( d) Funds allocated by the Department of Justice for computerization of courts in the country under eCourts Mission Mode Project Phase - II during the last three years are as under:

I Year -runds r~leased under eCourts Project Funds spent for computerization of courts (Rupees (Rupees in in crores) crores)

2015-16 210.23 195.99

2016-17 357.52 176.00

2017-18 (till date) '

369.23 44.45

**

3

' -I

'

GOVERNMENT OF-tINDIA MINISTRY OF LAW & JlJSTICE


LOK SABHA


TO BE ANSWERED ON W~DNESDAY, THE 21 5T MARCH, 2018.

Appointment of Judges

4241. SHRI NALIN KUMAR KATEEL: SHRJ ARVIND SAW ANT: SHRI KRUP AL BALAJI TU MANE: SHRlMATI BHAVANA PUNDALIKRAO GAWALI PATIL:


(a) the steps taken by the Government to increase the number of judges in the country; (b) the reasons for the delay in appointment of judges; (c) whether the Government has fixed any time-frame for fulfilling the commitment of

appointment of a certain number of judges in the country; (d) if so, the time by which the said appointments are proposed to be made along with the

number of the proposed appointments and if nol, the reasons therefor; and ( e) the total number of judges appointed in the last three years court and year-wise?

ANSWER

MINISTER OF STA TE FOR LAW AND JUSTICE AND CORPORA TEAFF AIRS (SHRl P. P. CHAUDHARY)

(a) to (d): Filling up of vacancies in the Supreme Court and the High coutts is a continuous and collaborative process, between the Executive and the Judiciary. It requires consultation and approval from various Constitutional Authorities. Initiation of proposal for appointment of Judges in the Supreme Court vests with the Chief Justice of India, while initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court.

While every effort is made to fill up the existing vacancies expeditiously, vacancies in High Courts do keep on arising on accoW1t of retirement, resignation or elevation of Judges and also the increase in strength of Judges.

As per the Constitutional framework, the selection and appointment of judges in subordinate courts is the responsibility of the High Courts and State Governments concerned. In so far as recruitment of judicial officers in the States is concerned, respective High Courts do it in certain States, whereas the High Courts do it in consultation with the State Public Service Commissions in other States.

The Supreme Court, through a judicial order in Malik Mazhar case, has devised a process and time frame to be followed for the filling up of vacancies in subordinate judiciary. This order of January 2007 by the Supreme Court stipulates that the process for recruitment of judges in the subordinate courts would commence on 31st March of a calendar year and end by 3 l st October of the same year. The Supreme Court has permitted State Govemments I High · Courts for variations in the time schedule in case of any difficulty based on the peculiar geographical and climatic conditions in the State or other relevant conditions. Further, during the Joint Conference of the Chief Ministers of States and Chief Justices of the High Comts held

in April 2016, the Conference on being apprised of: (i) The large pendency of cases, both civil and criminal, in the district judiciaries~ and

(ii) Nearly twenty three percent of the pending cases being over five years old,

resolved, inter alia, that all the State govenunent.\shall, in terms of the demands placed .by the concerned High Courts for an increase in the cadre strength of the district judiciary provide for at least a minimum increase of ten percent per year in accordance with the judgement of the Supreme Court in Brij Mohan Lal versus Union of India.

(e): The details of number of Judges appointed in the lasl three years in Supreme Court and High Courts are given in the Statement at Annexure - I and the details of sanctioned I working strength and vacancy position of Judicial Officers in District and Subordinate Courts are given in the Statement at Annexure - II.

**************

• <+,

Annexure-1

Statement referred to Lok Sabha Unstarred Question No. 4241 dated 21st March, 2018. Number of Judges appointed in Supreme Court and High Courts during last three years.

Court (Supreme Court I High Courts) and type of Year of appointment appointment of Judges 2016 2017 2018

Judges appointed in the Supreme Court 04 05 --Appointment of Chief Justices 14 08 04 Transfer of Chief Justices 04 -- 01 Judges appointed in the High Courts *126 115 11 Additional Judges made Permanent in High Courts *131 31 57 Additional Judges given fresh term 22 05 --Transfer of Judges 33 05 01 New oosts of Judges created in High Courts 35 -- --

*Highest ever in a given year.

******

~ Annexure ··.II Statement referred to Lok Sabha Unstarred Question No. 4241 for reply on 21.03.2018 -:.. Sanctioned Strength I Working Strength and Vacancies of Judicial Officers in District and S b d' C d . h I thr u or mate ourts unng t c asl ee years.

SL Name of Position of Judicial Officers Position of Judicial Officers Position of Judicial Officers No States/UTs as on 31.12.2015 as on 31.12.2016 as on 31.12.2017

Sanctioned Working Vacancies Sanctioned Working Vacancies Sanctioned Working !Vacancies Strc;:ngth Strength Strength Strength Strength Strength

1. And hr a 1034 785 249 1025 929 96 986 920 66 Pradesh &Telangana .., ..... Arunachal 17 15 2 26 17 9 28 17 11 Pradesh

3. Assam 424 319 105 424 311 113 429 352 77 4. Bihar 1727 1067 660 1825 1002 823 1828 993 835 5. Chhattisgarh 385 341 44 395 356 39 398 335 63 ..

6. Goa 57 49 8 57 50 7 55 43 12 7. Gujarat 1939 1170 769 -- ..

1502 1111 391 1496 1121 315 8. Haryana 644 474 170 644 501 143 645 496 149 -9. Himachal 152 134 18 155 147 8 159 148 11

Pradesh 10. Jammu& 245 220 25 246 219 27 253 224 29

Kashmir 11. Jharkhand 592 466 126 673 448 225 672 419 253 12. Karnataka 1122 820 302 1300 913 387 1303 976 327 13. Kerala 457 442 15 491 427 64 535 450 85 14. Madhya 1350 1132 218 2021 1240 781 2021 1293 728

Pradesh ~ --15. Maharashtra 2251 1917 334 2094 1969 125 2097 1930 167 16. Manipur 41 35 6 34 25 9 49 40 09

... 17. Meghalaya 57 29 28 57 41 16 97 39 58 18. Mizoram 63 30 33 63 30 33 63 46 17

... 19. Nagaland 27 25 2 34 25 9 34 22 12 20. Odisha 716 598 118 862 601 261 862 656 206 21. Punjab 672 490 182 674 546 128 674 538 136

· -'")'') Rajasthan 1191 985 206 1205 1076 129 1225 1122 103 1 -~·

123. Sikkim 18 14 4 23 13 10 23 18 5 24. Tarriil Nadu 1015 969 46 1047 939 108 1108 908 200

~5 Tripura 104 68 36 106 77 29 107 76 31 6. Uttar Pradesh 2104 1827 277 3142 1728 1414 3204 1856 1348

27. Uttarakhand 280 206 74 291 218 73 291 230 61 28. West Bengal 959 900 59 1013 913 100 956 916 40 29. A &N Island 11 11 0 ~·

30. Chandigarh 30 30 0 30 30 0 30 30 0 31. D& N Haveli 7 6 1 7 6 1 7 7 0

and Daman& Diu ,___ -·-

32. Delhi 793 490 303 793 489 304 799 482 317

33. Lakshadweep 3 3 0 3 3 0 3 2 1

34. Puducherry 26 14 12 26 13 13 26 12 14 ·-

rrolal 20502 16070 4432 22288 16413 5875 22474 16728 5746 - - -··

GOVERNMENT OF INDIA

MlNISTR Y OF LAW '1ND JUSTICE




Disagreement over Judicial Appointments

4248. SHRI B.N. CHAND RAPPA:


(a) whether it is true that the executive and the jmiiciary were very strongly disagreeing over judicial appointments;

(b) if so, the details along with the reasons therefor;

( c) whether the Government is aware that there is vacancies in the post of judges m various Supreme Court in the country; and

(d) if so, the details thereof along with the steps taken in this regard so far?

ANSWER

huge number of courts including

MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS

(SHIU P.P. CHAUDHARY)

(a) and (b): No, Madam. Appointment of Judges in Higher Judiciary is a collaborative and integrated process involving both the Executive and the Judiciary. 1t requires consultation and approval from various Constitutional Authorities. Differences of opinion if any are mutually reconciled by the Executive and the Judiciary to ensure that only the apposite person is appointed to the high Constitutional post of Judge.

(c) and (d): A Statement showing the Approved Strength, Working Strength and Vacancies in the Supreme Court and the High Courts as on 0l.03.2018 is at Annexure·I.

· A Statement showing the details of vacant posts of judicial officers of District and Subordinate Courts as on 31. t 2.2017 is at Annexure·ll.

·The Judges appointed during last 3 years in the Supreme Court and High Courts are given below:· Years Supreme Court High Courts

2016 4 126

2017 5 115

2018 ( upto 16.03.2018) . 11

As per the Constitutional framework, the selection and appointment of judges in subordinate courts is the responsibility of the High Courts and State Governments concerned. In so far as recruitment of judicial officers in the States is concerned, respective High Courts do it in cenain Stales, whereas the High Courts do it in consultation with the State Public Service Commissions in other States.

Annexure-1 ~

Statement referred to in reply to Parts (c) & (d) of Lok Sabha Unstarred Question No. 4248 to be answered on 21.03.2018

(As on 01.03.2018)

SI.No. Name of the Court Approved Working Vacancies as Strength Strength per Approved

Strength A Supreme Court of India 31 24 07 B Hie:h Court 1 Allahabad 160 103 57 2 Telangana & Andhra Prades 61 30 31 3 Bombay 94 70 24 4 Calcutta 72 30 42 5 Chhattisgarh 22 12 10 6 Delhi 60 38 22 7 Gauhati 24 18 06 8 Gujarat 52 30 22 9 Himachal Pradesh 13 08 05 10 Jammu & Kashmir 17 11 06 11 Jharkhand 25 17 08 12 Karnataka 62 30 32 13 Kerala 47 37 10 14 Madhya Pradesh 53 33 20 15 Madras 75 58 17 16 Manipur 05 02 03 17 Meghalaya 04 02 02 18 Orissa 27 16 11 19 Patna 53 32 21 20 Punjab& Haryana 85 50 35 21 Raiasthan 50 33 17 22 Sikkim 03 03 0 23 Tripura 04 02 02 24 Uttarakhand 11 08 03 Total 1079 673 406

Annexure-JI Statement referred to in reply to Parts (c) & (d) &f Lok Sabha Unstarred Question No. 4248 to be answered on 21.03.2018

(As on 31.12.2017) SI. Name of States/UTs Vacant posts of Judicial Officers of District No and Subordinate Courts J Andhra Pradesh & Telangana · 66

2 ArunachalPradesh 11 3 Assam 77 4 Bihar 835 5 Chhattis2arh 63 6 Goa 12 7 Gu.iarat 375 8 Haryana 149 9 Himachal Pradesh 11 10 Jammu & Kashmir 29 J1 Jharkhand 253 12 Karnataka 327 13 Ker ala 85 14 Madhya Pradesh 728 15 Maharashtra 167 16 Manipur 09 17 Me2halaya 58 18 Mizoram 17 19 Na2aland 12 20 Orissa 206 21 Punjab 136 22 Raiasthan 103

23 Sikkim 5 24 Tamil Nadu 200 25 Tripura 31 26 Uttar Pradesh 1348 27 Uttarakhand 61 28 West Ben2al 40 29 A & Nlsland 0 30 Cbandh.~arh 0 31 D & N Haveli and Daman & Diu 0 32 Delhi 317 33 Lakshadwcep 1 34 Poodicherry 14

Total 5746

*****

GOVERNMENT OF rNDTA rAINISTRY OF LAW AND JUSTICE


LOK SABHA UNSTARRED QUESTION No. 4343

TO BE ANS\VERED ON WEDNESDAY, THE 2151 MARCH,2018

J ustice Clock System

4343. DR. SANJA Y JAISW AL:


(a) whether the Government is planning to install Justice Clocks in the Courts to display the best performing courts of India; and

(b) if so, the steps taken so far in th is regard?

ANSWER MINISTER OF STATE FOR LAW & JUSTICE AND

CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY)

(a) and (b): The Government is planning to install electronic LED display message board systems called Justice Clocks for creation of public awareness about the disposal and pendency of cases and general progress in the justice sector. A Justice Clock was installed in 20I7 at Department of Justice, Jaisalmer House, New Delhi highlighting the citizen centric services of ongoing projects such as e-Courts Mission Mode Project and Access to Justice Project. Information regarding the top district and subordinate courts which dispose off highest number and percentage of cases pending for various lengths of time such as 0-2 years, 2-5 years and above 10 years is also displayed on the Justice Clock display.

Installation of similar Justice Clocks was proposed by the Department of Justice in all 24 High Court of the country; which has been approved by the eCommittee of Supreme Court of India in its meeting held on 20th February, _ 2018.

•

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE


LOK SABHA

STARRED QUESTION NO. *521.

TO BE ANSWERED ON WEDNESDAY, 04TH APRIL, 2018.

Slow I Under-Staffed Justice System

*521. SHRI J. J. T. NATTERJEE:


(a) whether India's justice system is erratic, slow and under-staffed implying thereby that

cases have taken so long to be heard and justice has long been denied to many people;

(b) if so, the details thereof;

(c) whether currently the time taken to register a case and going to lower courts and deciding

cases in the High Court or Supreme Court takes several years and if so, the details

thereof;

(d) the details of the proposals before the Government to tackle the crisis; and

(e) the number of cases pending before lower Courts, High Courts and the Supreme Court?

ANSWER



(a) to (e): A Statement is laid on the Table of the House.

't STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) of LOK SABHA STARRED

QUESTION NO. *521 FOR ANSWER ON 04TH APRIL, 2018.

(a) and (b) : Disposal of cases pending in courts is within the domain of judiciary. The actual time

taken for disposal of a case depends on several factors such as category of the case (civil or

criminal) , complexity of the facts involved, nature of evidence, co-operation of stake-holders viz. bar,

investigation agencies, witnesses and litigants besides the availability of physical infrastructure,

supporting court staff and applicable rules of procedure. A number of expert committees including

Law Commission of India have gone into reasons for delayed disposal and, consequent, pendency of

cases. Based on the recommendations made, Government has carried out amendments to Code of

Civil Procedure (C. P. C.) and Criminal Procedure Code (Cr. P. C.) for expediting the disposal of

cases and, consequent, reduction in pendency in courts.

Filling up of vacancies in the Supreme Court and the High Courts is a continuous and

collaborative process, between the Executive and the Judiciary. It requires consultation and approval

• from various Constitutional Authorities. Initiation of proposal for appointment of Judges in the

Supreme Court vests with the Chief Justice of India, while initiation of proposals for appointment of

Judges in the High Courts vests with the Chief Justice of the concerned High Court. While every effort

is made to fill up the existing vacancies expeditiously, vacancies in High Courts do keep on arising on

account of retirement, resignation or elevation of Judges and also the increase in the strength of

Judges.

As per the Constitutional framework, the selection and appointment of judges in subordinate

courts is the responsibility of the High Courts and State Governments concerned. In so far as

recruitment of judicial officers in the States is concerned, respective High Courts do it in certain

States, whereas the High Courts do it in consultation with the State Public Service Commissions in

other States.

The details of number of Judges appointed in the last three years in Supreme Court and

High Courts are given in the Statement at Annexure - I and the details of sanctioned I working

strength and vacancy position of Judicial Officers in District and Subordinate Courts during last three

years are given in the Statement at Annexure - II.

(c): In the Supreme Court of India· and all High Courts fresh cases are filed only before the

computerized Filing Counters. The Data Entry Operator enters preliminary details required for

registration such as party names, advocate details, etc. Operator at the query counter attends to the

queries of the litigants on the spot. The defects, if any, are listed out and handed over to the

litigants/advocates for rectification. Time limitation is also checked by the system automatically. The

amount collected towards court fee is automatically calculated thus saving the court official's time.

Hence, the filing process is orderly and saves time and efforts of advocates and court officials.

(d): The Central Government is fully committed to assisting the judiciary to enable speedy disposal

of cases. It has undertaken many steps towards achieving this objective. A series of measures has

been undertaken to enable the expeditious disposal of civil cases. These include relevant

amendments to the Civil Procedure Code to impose limit on the number of adjournments that may be

i granted to each party to three times and imposition of costs for adjournments; allowing service of

summons using email , fax, speed post, courier services or directly through the plaintiff; providing for

dismissal of suit where summons are not served in consequence of plaintiff's failure to pay costs; and

limiting the time limit for filing of written statement by the defendant.

The Central and State Governments have adopted a co-ordinated approach to assist judiciary

for phased liquidation of arrears and pendency in judicial systems, which, inter-a/ia , involves better

infrastructure for courts including computerisation, increase in strength of judicial officers I judges,

policy and legislative measures in the areas prone to excessive litigation and emphasis on training

and human resource development.

In addition, following steps have also been taken by the Government leading to faster disposal

of cases and reduction in pendency.

(i) The sanctioned strength of Judges of High Courts has been increased from 906 judges in

June 2014 to 1079 judges as on date.

(ii) The sanctioned strength of the subordinate judiciary has been increased from 20, 17 4 at the

end of 2014 to 22,474 in December, 2017.

(iii) The filling of vacancies of Judges I Judicial officers in Districts and Subordinate Courts is

within the domain of the State Governments and the High Courts concerned. However, the

Union Government takes up the matter with the High Courts and the State Governments from

time to time to fill up the vacancies of Judges I Judicial Officers of District and Subordinate

Courts.

(iv) The Union Government has been administering the Centrally Sponsored Scheme for

Development of Infrastructure Facilities for Judiciary in association with State I UT

Governments in order to augment the resources of State Governments in this regard in

association with the States I UT Governments. As on date, Rs. 6, 100 crore has been released

since the inception of the Scheme in 1993-94. Out of this, Rs. 2,655 crore (43.52% of the total

amount released till date) has been released to the States and UTs since April, 2014. 18,108

court halls and 14,963 residential accommodations have been made available for Judicial

Officers of District and Subordinate Courts under this scheme as on date. In addition, 3, 161

court halls and 1, 787 residential units are under construction. The Central Government has

approved continuation of the Centrally Sponsored Scheme (CSS) for Development of

Infrastructure Facilities for Judiciary beyond the 12th Five Year Plan period i.e. from

01 .04.2017 to 31 .03.2020 with an estimated additional outlay of Rs.3,320 crore.

(v) In May 2015, a communication was sent to the Chief Justices of High Courts requesting them

to apprise the action being taken to make the recruitment process more broad based to fill up

the existing vacancies of judicial officers I judges at all levels in the District and Subordinate

Courts to enable the Government to take a view on the need for formation of All India Judicial

Service. Most of the High Courts have indicated that the recruitment process which is in their

domain for vacancies in subordinate judiciary at all levels has been expedited in terms of the

resolution passed in the Conference of Chief Justices held in New Delhi in April 2015. The

•

'+i

selections for the various posts in subordinate judiciary are being conducted by State

Governments I High Courts in consonance with the directions of the Hon'ble Supreme Court in

Malik Mazhar Sultan case Vs UP Public Service Commission.

(vi) The State Governments have notified the State Litigation Policies so as to reduce Government

Litigations.

(vii) Alternative Dispute Resolution (ADR) mechanism, which is a key strategy for reducing delays

and pendency in courts, is being used.

(viii) National Legal Services Authority (NALSA) provides access to justice for the marginalised and

poor people, under the overall supervision of the Chief Justice of India as its Patron-in Chief.

A total number of 140.64 lakh pending cases have been settled by National Lok Adalats during

the last three calendar years i.e. 2015, 2016 and 2017. In addition, Regular Lok Adalats have

settled 83.60 lakh pending cases during the last three years i.e. 2015-16, 2016-17 and 2017-

18 (upto December, 2017).

(ix)

(x)

1824 obsolete laws have been repealed .

The Government has launched a nation-wide drive to reduce the number of cases pending in

courts by curtailing the government litigation. The Department of Justice has written to all

Ministers of Central Ministries and State Governments launching 'special arrears clearance

drives' to reduce pending cases and minimize fresh litigations.

(xi) Based on the proposals received from the High Court Collegium, during the year 2016, 126

fresh appointment of Judges in High Courts and 131 Additional Judges were made permanent,

which is the highest number of appointments made in a given year. In addition, the tenure of

22 Additional Judges of High Courts was also extended. During the year (2017), 115 Judges

have been appointed in the High Courts and 31 Additional Judges have been made

Permanent. Besides, 08 Chief Justices have been appointed in the High Courts. During the

current year (2018), 04 Chief Justices, and 11 Judges have been appointed in High Courts,

and 66 Additional Judges have been made permanent.

(xii) The 14th Finance Commission has endorsed the proposal to strengthen the judicial system in

States which includes, inter-alia, establishing 1800 FTCs for a period of five years for cases of

heinous crimes; cases involving senior citizens, women, children, disabled and litigants

affected with HIV AIDS and other terminal ailments; and civil disputes involving land

acquisition and property I rent disputes pending for more than five years at a cost of Rs. 4144

crore. The 14th Finance Commission has urged State Governments to use the additional fiscal

space provided by the Commission in the tax devolution to meet such requirements. The

Hon'ble Prime Minister had written to all Chief Ministers on 23rd April , 2015 followed by

reminders from the Hon'ble Minister of Law & Justice to make available the fund

recommended by the 14th Finance Commission to judiciary from the additional fiscal space

available under the 14th Finance Commission.

(xiii) As per the resolution adopted in the Joint Conference held in New Delhi on 24th April , 2016,

The Government vide its letter dated 26th September, 2016 requested the State Governments

to strengthen the institutional mechanism between the State and the Judiciary where the Chief

.... ~

Secretary and his team and 2 or 3 Judges of the High Court to regularly meet and monitor

utilisation of plan funds and timely completion of judicial infrastructure and eCourts Mission

Mode project in the jurisdiction of the High Court. The States have also been requested to

assist Judiciary in preparing perspective I annual plan for various activities to be undertaken in

the justice sector on account of enhanced devolution of funds to the States under the 14111

Finance Commission. In addition, the States were requested to provide technical manpower

for ICT upgradation.

(xiv) The Ministry of Law & Justice vide letter dated 3 Feb 2017, addressed the Chief Justices of

the 24 High Courts, raising concerns regarding the increased number of undertrials in jails

across the country. The Government, in underscoring the importance of fair trial for every

accused, requested the High Court to advise the district judiciary to ensure effective

implementation of Section 436A Code of Criminal Procedure and ensure periodic monitoring of

the associated Undertrial Review Committee mechanism. So far, two High Courts - Punjab

and Haryana High Court and Madhya Pradesh High Court - have responded to this letter who

• have assured action on this front.

(xv) As per the direction of the Hon'ble Supreme Court in its Order dated 02.01 .2017 in the matter

of lmtiyaz Ahmed Case, the Department of Justice has forwarded a copy of interim report of

the NCMS (National Court Management System) Committee to all State Governments and

High Courts to enable them to take follow up action to determine the required Judges Strength

of district judiciary based on the NCMS report.

(xvi) Commercial Courts, Commercial Division and Commercial Appellate Division of High Court

Act, 2015 has been notified on 1st January, 2016 to have a streamlined procedure for the

conduct of cases in the Commercial Division and in the Commercial Court by amending the

Code of Civil Procedure, 1908 (CPC) for commercial cases so as to improve the efficiency and

reduce delays in disposal of commercial cases.

(xvii) Necessary amendments have been made to Arbitration and Conciliation Act, 1996 to make the

award within 12 months, to resolve the dispute through fast track procedure, to ensure

Neutrality of arbitrators, and to restrict the term 'Public Policy of India' (as a ground for

challenging the award)

(xviii) The Negotiable Instruments (Amendment) Act 2015 has been notified to clarify the jurisdiction

where dishonour of cheque cases may be filed and provide for ~ransfer of cases to the

appropriate jurisdiction and consolidation of multiple cases filed in different courts.

(e) Data on pendency of cases in the Supreme Court and High Courts is maintained by the

Supreme Court and High Courts respectively. As per information made available by the Supreme

Court of India, the total number of pending cases in the Supreme Court is 55,892. As per information

on the web-portal of National Judicial Data Grid (NJDG), the details of cases pending before various

High Courts are given in the Statement at Annexure - Ill. The details of cases pending before the

District and Subordinate, courts State-wise I UT-wise (excluding State I UTs of Arunachal Pradesh,

Nagaland, Lakshadweep and Puducherry) are given in the Statement at Annexure - IV.

Annexure -1

Statement referred to Lok Sabha Starred Question No. *521 dated 04th April, 2018.

Number of Judges appointed in Supreme Court and High Courts during last three years

Court (Supreme Court I High Courts) and Year of appointment type of appointment of Judges 2016 2017 2018

Judges appointed in the Supreme Court 04 05 --

Appointment of Chief Justices 14 08 04

-Transfer of Chief Justices 04 - 01

'

Judges appointed in the High Courts *126 115 11

Additional Judges made Permanent in High *131 31 66

Courts

Additional Judges given fresh term 22 05 01

Transfer of Judges 33 05 01

New posts of Judges created in High Courts 173 -- --

*Highest ever in a given year. Note: 78 new posts of Judges were created in the year 2014, 60 posts were created in 2015 and 35 posts were created in 2016.

********************

SI. No

1.

2.

3. 4. 5. 6.

• 7. 8. 9.

10.

11 . 12. 13. 14.

15. 16. 17. 18. 19. 20. 21 . 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.

32. 33. 34. Total

....

Annexure - II

Statement referred to Lok Sabha Starred Question No. *521 dated 04th April, 2018

Sanctioned Strength I Working Strength and Vacancies of Judicial Officers in District and Subordinate Courts during the last three years

Name of Position of Judicial Officers Position of Judicial Officers Position of Judicial Officers States/UTs as on 31.12.2015 as on 31.12.2016 as on 31.12.2017

Sanctionec llVorklng Vacancies Sanctioned INorking Vacancies Sanctioned Working Vacancies Strength Strength Strength Strength Strenath Strength

Andhra 1034 785 249 1025 929 96 986 920 66 Pradesh &TelanQana Arunachal 17 15 2 26 17 9 28 17 11 Pradesh Assam 424 319 105 424 311 113 429 352 77 Bihar 1727 1067 660 1825 1002 823 1828 993 835 Chhattisgarh 385 341 44 395 356 39 398 335 63 Goa 57 49 8 57 50 7 55 43 12 Guiarat 1939 1170 769 1502 1111 391 1496 1121 375 Haryana 644 474 170 644 501 143 645 496 149 Himachal 152 134 18 155 147 8 159 148 11 Pradesh Jammu & 245 220 25 246 219 27 253 224 29 Kashmir - ----Jharkhand 592 466 126 673 448 225 672 419 253 -Karnataka 1122 820 302 1300 913 387 1303 976 327 Kera la 457 442 15 491 427 64 535 450 85 - - ,_ - --- - -Madhya 1350 1132 218 2021 1240 781 2021 1293 728 Pradesh

125 -- - - c--1930 167 Maharashtra 2251 1917 334 2094 1969 2097

Manipur 41 35 6 34 25 9 49 40 09 Meghalava 57 29 28 57 41 16 97 39 58 _,_ - -

46 17 Mizoram 63 30 33 63 30 33 63 Nagaland 27 25 2 34 25 9 34 22 12 Odis ha 716 598 118 862 601 261 862 656 206 Puniab 672 490 182 --674 546 128 674 538 136 Rajasthan 1191 985 206 1205 1076 129 1225 1122 103 Sikkim 18 14 4 23 13 10 23 18 5 -Tamil Nadu 1015 969 46 1047 939 108 1108 908 200 Tripura 104 68 36 106 77 29 107 76 31 Uttar Pradesh 2104 1827 277 3142 1728 1414 3204 1856 1348 - 74- 291 218 73 230 61 Uttarakhand 280 206 291 West BenQal 959 900 59 1013 913 100 956 916 40 A & N Island . 11 11 0

-Chandigarh 30 30 0 30 30 0 30 30 0 D & N Haveli 7 6 1 7 6 1 7 7 0 and Daman & Diu - --Delhi 793 490 303 793 489 304 799 482 317 Lakshadweep 3 3 0 3 3 0 3 2 1 -Puducherrv 26 14 12 26 13 13 26 12 14

-20502 16070 4432 22288 16413 5875 22474 16728 5746

*****•*********

Sr. No.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 . 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 . 22. 23. 24.

Annexure - Ill


Number of Cases Pending before High Courts

High Court Name Total Number of Cases Pending Civil Criminal Writs Total

~llahabad High Court 153725 301891 250958 706574 Calcutta High Court 106717 43284 85203 235204 Gauhati High Court 12578 6871 15574 35023 High Court of Bombay 302656 50704 110714 464074 High Court of Chhattisgarh 37253 23899 0 61152 Hioh Court of Delhi 29879 18812 21057 69748 High Court of Gujarat 43069 32527 34113 109709 -High Court of Himachal Pradesh 24505 6059 5419 35983 High Court of Jammu and Kashmir 76393 8274 0 84667 High Court of Jharkhand 46314 43685 0 89999 High Court of Karnataka 118262 30943 68113 217318 High Court of Kerala 79647 38157 65687 183491 High Court of Madhya Pradesh 105694 118437 89236 313367 -Hioh Court of Manipur 15074 1549 0 16623 High Court of Meghalaya 316 39 621 976 High Court of Punjab and Haryana 197422 119379 72702 389503 High Court of Rajasthan 84825 71870 103799 260494 High Court of Sikkim 54 63 104 221 -Hioh Court of Trioura 1025 458 1522 3005 High Court of Uttarakhand 10258 10267 15470 35995 -Madras High Court 128196 42105 144044 314345 Orissa High Court 43258 44112 83895 171265 Patna High Court 29615 55796 60979 146390 Telangana and Andhra Pradesh High Court 107804 46325 170410 324539

Total Pending Cases 1754539 1115506 1399620 4269665 ~

Source: NJDG *************

•

Annexure - IV


Number of Cases Pending before the District and Subordinate Courts, State-wise I UT-wise

Sr. Total Number of Cases Pendina No. Name of State I UT Civil Criminal Total 1. ~ndaman And Nicobar 3296 7889 11185 - ~ndhra Pradesh 2. 286741 221744 508485 3. Assam 58507 176217 234724 4. Bihar 254200 1452554 1706754 5. Chandioarh 16575 23926 40501 6. Chhattisgarh 57533 210446 267979 7. Delhi 182427 466235 648662 8. Diu and Daman 957 850 1807 9. Dadra and Nagar Haveli 1429 2059 3488 10. K3oa 21674 19444 41118 11 . Gujarat 511161 1041926 1553087 -12. Harvana 261858 393228 655086 13. Himachai Pradesh 103579 11 1947 215526 14. Jammu And Kashmir 56636 62013 118649 15. Jharkhand 55521 276156 331677 16. Karnataka 662992 745295 1408287 ,.....__ -17. Kera la 370434 842991 1213425 18. Madhya Pradesh 307400 1048693 1356093 - -19. Maharashtra 1137033 2251492 3388525 20. Manipur 5572 4415 9987 21. Meghalaya 2102 4792 6894 22. Mizoram 1432 2268 3700 23. Pdisa 244798 795867 1040665 24. Punjab 248272 342136 590408 25. Rajasthan 399917 1051400 1451317 -26. Sikkim 617 917 1534 ·-27. Tamil Nadu 583631 437364 1020995 28. Telangana 201641 230867 432508 29. fripura . 8069 16570 24639 30. Uttar Pradesh 1388759 4317273 5706032 31 . Uttarakhand 33092 181586 214678 32. West Bengal 477396 1334009 1811405

Total Pending Cases 7945251 18074569 26019820 Source: NJDG Data in respect of the States of Arunachal Pradesh & Nagaland and Union Territories of Lakshadweep & Puducherry are not available on the website of National Judicial Data Grid (NJDG).

********'*******

-.

•





Allegations against CJI

5981 . SHRI J.C. DIVAKAR REDDY: SHRI N.K. PREMACHANDRAN: SHRI MULLAPPALL Y RAMACHANDRAN: DR. THOKCHOM MEINYA:

ADV. JOICE GEORGE: SHRI LALLU SINGH: SHRI NALIN KUMAR KATEEL:

SHRI C.N. JAYADEVAN: SHRI MUTHAMSETTI SRINIVASA RAO (AVANTHI): SHRI K.C. VENUGOPAL: SHRI OM BIRLA: PROF. SAUGATA ROY: SHRIMATI ANJU BALA: SHRI D.K. SURESH:


(a) whether it has come to the notice of the Government that a group of senior judges in Supreme Court has raised allegation against the Chief Justice of India and the procedure followed by him;

(b) if so, the details thereof and the action taken thereon;

(c) whether the Government has received complaints regarding the unhealthy practices followed in th'e Supreme Court and the High Courts, if so, the details thereof and the reaction of the Government thereto;

(d) whether the Government proposes any legislation to ensure transparency in judicial and administrative functions of the judiciary and maintain solidarity within the uppermost echelons of the judiciary in the light of the allegations raised by the senior judges against the Chief Justice and if so, the details thereof;

(e) whether the Government plans on establishing guidelines or provide assistance to the Supreme Court with regard to distribution of cases and other administrative matters associated with the functioning of the various courts in India and if so, the details thereof; and

•

... (f) whether the long-pending Memorandum of Procedure (MoP) for appointment of judges has been one of the major factors for problems in judiciary and if so, the current status of the MoP?

ANSWER MINISTER OF LAW & JUSTICE AND ELECTRONICS & INFORMATION TECHNOLOGY

(SURI RAVI SHANKAR PRASAD)

(a) to (c): The Government has not received any information from the Supreme Court of India in this regard . However, issues relating to the Judiciary have been highlighted in the media with some related representations. Judiciary being an independent organ under the Indian Constitution is capable of handling its internal matters. The Government is committed to the independence of Judiciary and does not and should not intervene in its functioning .

(d) and (e): No Madam.

(f): The Supreme Court of India vide order dated 16.12.2015 in Writ Petition (Civil) No. 13 of 2015 for improvement in the "Collegium System", directed the Government to finalize the existing Memorandum of Procedure (MoP) by supplementing it in consultation with the Supreme Court Collegium taking into consideration factors such as eligibility criteria, transparency, establishment of Secretariat, and mechanism to deal with complaints. The Government of India after due deliberations, proposed changes in the existing MoP and the draft MoPs were sent to the Hon'ble Chief Justice of India vide letter dated 22.03.2016. The response of the Chief Justice of India thereon was received on 25.05.2016 and 01 .07.2016. The views of the Government were conveyed to the Chief Justice of India on 03.08.2016. The comments of the Supreme Court Collegium on the MOP were received from Chief Justice of India vide letter dated 13.03.2017.

Meanwhile, Supreme Court in its judgment dated 4.7.2017 in a "suo moto" contempt proceeding against a Judge of the Calcutta High Court, underlined the need to revisit the process of selection and appointment of Judges to the Constitutional Courts. The Government of India has conveyed the need to make improvement on the draft MoP to the Secretary General of the Supreme Court vide letter dated 11 .07.2017, including the need for appropriate screening while making appointment to high Constitutional offices of High Courts and Supreme Court Jud.ges.

As the process of finalizing the supplementation of the existing Memorandum of Procedure (MoP) was likely to take some time, at the initiative of the Government, the matter of continuing the appointment process was taken up with Supreme Court and it is continuing in accordance with the existing MoP to fill the vacancies of Judges in the Supreme Court and the High Courts.

The Judges .appointed during last 3 years in the Supreme Court and High Courts are given below:-Years Supreme Court High Courts 2016 4 126 2017 5 115 2018 ( upto 28.03.2018) - 11



UNST ARRED QUESTION NO. 5997

TO BE ANSWERED ON WEDNESDAY, THE 041H APRIL, 2018.

Opposition to AIJS

5997. SHRI G. HARi:


(a) whether it is true that nine High Courts have opposed a proposal to have an All India Judicial Service (AIJS) for the lower judiciary and if so, the details thereof;

(b) whether it is also true that eight High Courts have sought changes in the proposed framework and only two have supported the idea, if so, the details thereof;

(c) whether it is also true that most of the High Courts want the administrative control over the subordinate judiciary to remain with the respective High Courts; and

(d) if so, the details thereof and the steps taken by the Government to bring about a consensus in this regard?

ANSWER

MINISTER OF LAW & JUSTICE AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RA VI SHANKAR PRASAD)

(a) to (d): A comprehensive proposal was formulated for the constitution of All India Judicial Service (AIJS) which was approved by the Committee of Secretaries in November, 2012. The proposal was included as an agenda item in the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013 wherein it was decided that the issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. While some State Governments and High Courts were not in favour of creation of All India Judicial Service, some other State Governments and High Courts have suggested changes in the proposal formulated by the Central Government.

The High Courts of Sikkim and Tripura have concurred with the proposal approved by Committee of Secretaries for formation of All India Judicial Service. High Courts of Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Orissa and Uttarakhand have suggested changes in age at induction level, qualifications, training and quota of vacancies to be filled through All India Judicial Service. Rest of High Courts have not favoured the idea. Most of the High Courts want the administrative control over the Subordinate Judiciary to remain with the respective High Courts. The High Courts of

1'

Jharkhand and Rajasthan have indicated that the matter regarding creation of AIJS is pending consideration. No response has been received as yet from the High Courts of Calcutta, Jammu & Kashmir and Gauhati.

The State Governments of Arunachal Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Meghalaya, Nagaland and Punjab do not favour the formation of AIJS. The State Government of Maharashtra wants the recruitment to be done at Judicial Magistrate First Class (JMFC) level which is not in consonance with the provisions of AIJS as included in the Constitution of India. The State Governments of Bihar, Chhattisgarh, Manipur, Odisha and Uttarakhand want changes in the proposal formulated by the Central Government. The State Government of Haryana has stated that the proposal seems to be justified. The State Government of Mizoram has supported creation of AIJS on the lines of IAS, IPS and other Central Services. The State of Jammu and Kashmir has mentioned that provisions of Constitution of India for formation of AIJS incorporated in the Constitution by 42nd Amendment Act, 1976 are not applicable to the State of Jammu and Kashmir. No response has yet been received from rest of the states.

The proposal for constitution of All India Judicial Service with views from the High Courts and State Governments received thereon was included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of the High Courts held on 05th April, 2015. However, no progress was made on the subject.

The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judges I judicial officers at all levels was also included in the agenda for the Chief Justices Conference, which was held on 03rd and 04th April , 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expeditiously.

However, keeping in view the divergence of opinion among the stakeholders on constitution of All India Judicial Service, the Government has undertaken the consultative process to arrive at a common ground.

************

GOVERNMENT Of INDIA

MINISTRY OF LAW & JUSTICE


LOK SABHA

UNSTARRED QUESTION NO. f6003

TO BE ANSWERED ON WEDNESDAY, THE 04rH APRIL, 2018.

Pending Court Cases

f6003. PROF. RAVINDRA VISHWANATH GAIKWAD:

SHRI BHAIRON PRASAD MISHRA:

SHRI MULLAPPALL Y RAMACHANDRAN:

DR. BANSHILAL MAHATO:


(a) the number of criminal and civil cases lying pending in the Supreme Court, High Courts

and subordinate courts presently and the number of cases lying pending for more than

ten years in different courts separately, court and State-wise;

(b) the court I State-wise number of cases disposed of by these courts in each of the last

three years and the current year;

(c) whether the Government has assessed the reasons for delay of more than ten years in

disposing of the pending cases;

(d) if so, the outcome thereof and the remedial measures taken I being taken in this regard;

(e) whether the recently constituted National Judicial Data Grid (NJDG) to identify long

pending judicial cases and their speedy disposal have furnished data in this regard and

if so, the details thereof and the response of the Government thereto; and

(f) whether many people have died anticipating justice due to non-disposal of pending

cases and if so, the steps being taken by the Government to facilitate speedy justice?

ANSWER



(a) to (f) : Data on institution, disposal and pendency of cases in the Supreme Court and High

Courts is maintained by the Supreme Court and High Courts respectively. As per information

made available by the Supreme Court of India, the total number of pending cases in the Supreme

Court is 55,892. As per information available on the web-portal of National Judicial Data Grid

(NJDG), 42.69 lakh cases are pending in various High Courts, out of which 10.11 lakh cases are

•

pending for more than ten years. High Court-wisei details (Civil and Criminal) of pending cases

including cases pending for more than ten years are given in a Statement at Annexure - I. 2.60

crore cases are pending in various District and Subordinate courts of the country (excluding State I

Union Territories of Arunachal Pradesh, Nagaland, Lakshadweep and Puducherry), out of which

25.79 lakh cases are pending for more· than the ten years. State I UT - wise details (Civil and

Criminal) of pending cases including cases pending for more than ten years are given in Annexure

-II. The information about number of cases disposed by these courts each of the last three years

and the current year is not available on the web-portal of National Judicial Data Grid (NJDG).

Some of the main factors responsible for pendency of cases in courts are increasing

number of state and central legislations, accumulation of first appeals, continuation of ordinary civil

jurisdiction in some of the High Courts, vacancies of Judges, appeals against orders of quasi

judicial forums going to High Courts, number of revisions I appeals, frequent adjournments,

indiscriminate use of writ jurisdiction, lack of adequate arrangement to monitor, track and bunch

cases for hearing.

In pursuance of resolution passed in the Chief Justices' Conference held in April, 2015,

24 High Courts have set up Arrears Committees to clear the backlog of cases pending for more

than five years. The Supreme Court has also constituted an Arrears Committee consisting of two

Hon'ble Judges to formulate steps to reduce pendency of cases in High Courts and District Courts.

At district level, the District Judge holds monthly meeting of all judicial officers to monitor progress

made in reduction of long pending cases.

The Central Government is fully committed to assisting the judiciary to enable speedy

disposal of cases. It has undertaken many steps towards achieving this objective. A series of

measures have been taken to enable the expeditious disposal of civil cases. These include

relevant amendments to the Civil Procedure Code to impose limit on the number of adjournments

that may be granted to each party to three times and imposition of costs for adjournments; allowing

service of summons using email , fax, speed post, courier services or directly through the plaintiff;

providing for dismissal of suit where summons are not served in consequence of plaintiff's failure to

pay costs; and limiting the time limit for filing of written statement by the defendant.

Necessary amendments have been made to Arbitration and Conciliation Act, 1996 to

make the award within 12 months, to resolve the dispute through fast track procedure, to ensure

neutrality of arbitrators, and to restrict' the term 'Public Policy of India' as a ground for challenging

the award. Further, in March, 2018, the Union Cabinet has approved the Arbitration and

Conciliation (Amendment) Bill, 2018 for introduction in the Parliament, which seeks to facilitate

speedy appointment of arbitrators through designated arbitral institutions by the Supreme Court or

High Courts.

With a view to address the issue of faster resolution of matters relating to commercial

disputes, the Commercial Courts, Commercial Division and Commercial Appellate Division of High

Courts Act, 2015 was enacted and commercial courts were established at District Levels in all

jurisdictions, except in the territories over which the High Courts have original ordinary civil

jurisdiction i.e. the High Courts of Bombay, Delhi, Calc~tta, Madras and of Himachal Pradesh. The

specified value of such commercial disputes to be adjudicated by the Commercial Courts or the

Commercial Division of High Court, as the case may be, is presently Rs.1 crore.

Further, in March, 2018, the Union Cabinet has approved the Commercial Courts,

Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill , 2018 for

introduction in the Parliament, which seeks to reduce the specified value of a commercial dispute

to Rs.3 lakh from the present Rs.1 crore, and provide for establishment of Commercial Courts at

district Judge level for the territories over which respective High Courts have ordinary original civil

jurisdiction i.e. in the cities of Chennai, Delhi, Kolkata, Mumbai and State of Himachal Pradesh.

In order to strengthen judicial infrastructure in districts through the Centrally Sponsored

Scheme (CSS) for Development of Infrastructure Facilities for Judiciary wherein a total of Rs.

6,100 crore has been released since 1993-94, out of which Rs. 2,655 crore (43.52°!0) has been

released since April, 2014. 17,986 Court Halls and 14,986 Residential Accommodations have

been made available for Judicial Officers of District and Subordinate Courts as on date. In

addition, 3, 151 Court Halls and 1, 785 Residential Accommodations are under construction. The

Central Government has approved continuation of the Centrally Sponsored Scheme (CSS) for

Development of Infrastructure Facilities for Judiciary beyond the 12th Five Year Plan period i.e.

from 01 .04.2017 to 31 .03.2020 with an estimated outlay of Rs.3,320 crore.

Under the Phase-I (2010-15) of the eCourts Mission Mode Project undertaken by the

Central Government, against a total target of computerisation of 14,249 courts, the computerisation

of 13,672 district and subordinate courts has been achieved. This includes the installation of

hardware, the LAN and software. This has enabled the courts to upload the case status and

orders online. Status of cases and copies of judgments have also been made available on the

websites of the respective District and Subordinate Court Complexes which have been

computerised. Rs. 935.00 crore were allocated for Phase - I out of which Rs. 639.41 crore were

utilized.

A budget outlay of Rs.1,670 crores was approved for the Phase II of the eCourts Mission

Mode Project (from July, 2015 upto 31 March 2019). The facilities of e-services such as cause

lists, case status, daily orders, judgments etc. are being provided under the supervision of e

Committee of the Supreme Court and Computer Committees of respective High Courts. A total of

16,089 district and subordinate courts have been computerised under the eCourts Project till date.

Video Conferencing facility has also been opertionalised between 488 court complexes and 342

corresponding prisons during the period 2015-17. The National Judicial Data Grid (NJDG)

developed under this project provides updated information on civil and criminal cases, including

pending cases, for the computerised district I subordinate courts in the country.

Lok Adalats are playing an important role in disposing of pending cases in the country. A

total number of 140.64 lakh pending cases have been settled by National Lok Adalats during the

last three calendar years i.e. 2015, 2016 and 2017. In addition, Regular Lok Adalats have also

settled a total number of 83.60 lakh pending cases quring the last three years i.e. 2015-16, 2016-

17 and 2017-18 (upto December, 2017).

Lok Adalats are organised in accordance with the provisions of Legal Services Authorities

Act, 1987. National and Regular Lok Adalats deal with pending cases. National Lok Adalats are

held on bi-monthly basis whereas Regular Lok Adalats are held on weekly I monthly basis on court

holidays I weekends. At present, Lok Adalats starting from Supreme Court to Taluk level courts

are held in the existing infrastructure available in courts. Permanent Lok Adalats, as provided

under section 22 B of the Legal Services Authorities Act, 1987, deal with pre-litigative cases and

disputes related to public utility services on a regular basis. The Lok Adalats are organised as per

a pre-decided calendar throughout the year.

In the Joint Conference of Chief Ministers and Chief Justices held in April, 2016, it was

resolved that the existing judicial infrastructure of the state judiciaries be utilized for setting up

Morning I Evening or Holiday Courts, as the case may be, utilizing the services of retired Judges.

These courts may be constituted to deal with cases relating to petty offences, such as traffic cases

and legal aid cases at the discretion of the High Court. It was further resolved in the conference

that Chief Ministers and Chief Justices shall, for their respective States, decide upon norms for

payment of salaries and allowances to the retired Judges manning these courts. These courts are

held as per requirements in any state, and on orders of the related High Courts.

In order to reduce cases pending in courts for over 10 years, the Government has

recently introduced Nyaya Mitra Scheme covering 227 selected districts of 16 States. Under the

Scheme, retired judicial officers are engaged and designated as 'Nyaya Mitra' to facilitate

expeditious disposal of the cases pending over 10 years. In the first Phase, 15 Nyaya Mitra's have

been engaged.

************

t Annexure - I Statement referred to in reply of Lok Sabha Unstarred Question No. 6003 for Reply on 04th April, 2018. Number of Pending Cases and Number of Pending cases for more than T Y . H' h C rt en ears m 1g OU s.

Sr. Total Number of Cases Pending over No. High Court Name Total Number of Cases Pending Ten Years

Civil Criminal Writs Total Cl vii Criminal Writs Total 1. Allahabad High Court 153725 301891 250958 706574 65133 111711 90809 267653 2. ~alcutta High Court 106717 43284 85203 235204 52034 16807 24410 93251 3. Gauhati High Court 12578 6871 15574 35023 231 33 27 291 4. High Court of Bombay 302656 50704 110714 464074 107608 15115 22702 145425 5. High Court of

Chhattisgarh 37253 23899 0 61152 3171 3840 0 7011 6. High Court of Delhi 29879 18812 21057 69748 3083 2638 3150 8871 7. High Court of Gujarat 43069 32527 34113 109709 7052 6934 3046 17032 8. High Court of Himachal

Pradesh 24505 6059 5419 35983 1238 224 77 1539 9. High Court of Jammu

and Kashmir 76393 8274 0 84667 8741 428 0 9169 10. High Court of Jharkhand 46314 43685 0 89999 4628 10853 0 15481 11. High Court of Karnataka 118262 30943 68113 217318 5314 15 891 6220 12. High Court of Kerala 79647 38157 65687 183491 10228 8434 1335 19997 13. High Court of Madhya

Pradesh 105694 118437 89236 313367 24724 29334 11544 65602 14. High Court of Manipur 15074 1549 0 16623 3874 345 0 4219 15. High Court of Meghalaya 316 39 621 976 0 0 1 1 16. High Court of Punjab

and Haryana 197422 119379 72702 389503 69677 16475 22339 108491 17. High Court of Rajasthan 84825 71870 103799 260494 23509 26151 20533 70193 18. High Court of Sikkim 54 63 104 221 19. High Court of Tripura 1025 458 1522 3005 1 0 2 3 20. High Court of

Uttarakhand 10258 10267 15470 35995 1754 1617 2520 5891 21. Madras High Court 128196 42105 144044 314345 30785 3078 17181 51044 22. Orissa High Court 43258 44112 83895 171265 14822 9409 14859 39090 23. Patna High Court 29615 55796 60979 146390 7201 13669 2739 23609 24. Telangana and Andhra

Pradesh High Court 107804 46325 170410 324539 26191 2963 22431 51585 Total Pending Cases 1754535 1115506 1399620 4269665 470999 280073 26059E 101166B

Source: NJDG *************

~ Annexure - II Statement referred to in reply of Lok Sabha Unstarred Question No. 6003 for Reply on 04th April, 2018. Number of Pending Cases and Number of Pending cases for more than Ten Years in District and Subordinate Courts. Sr. Total Number of Cases Number of Cases Pending over

Name of State I Pending Ten Years No. ~T Civil Criminal Total Civil Criminal Total 1. ~ndaman And

Nicobar 3296 7889 11185 184 695 879 2. Andhra Pradesh 286741 221744 508485 4882 1669 6551 3. ~ssam 58507 176217 234724 1044 1610 2654 4. Bihar 254200 1452554 1706754 37698 233619 271317 5. Chandiqarh 16575 23926 40501 23 23 46 6. Chhattisqarh 57533 210446 267979 1940 3765 5705 7. Delhi 182427 466235 648662 1070 4176 5246 8. Diu and Daman 957 850 1807 13 35 48 9. Dadra and Nagar

Have Ii 1429 2059 3488 33 299 332 10. Goa 21674 19444 41118 1799 86 1885 11 . Gujarat 511161 1041926 1553087 73011 158023 231034 12. Haryana 261858 393228 655086 433 150 583 13. Himachal

Pradesh 103579 111947 215526 526 254 780 14. Uammu And

Kashmir 56636 62013 118649 2014 1946 3960 15. harkhand 55521 276156 331677 4862 6671 11533 16. Karnataka 662992 745295 1408287 17595 12108 29703 17. Kera la 370434 842991 1213425 4465 4063 8528 18. Madhya Pradesh 307400 1048693 1356093 5258 9529 14787 19. Maharashtra 1137033 2251492 3388525 57300 197130 254430 20. Manipur 5572 4415 9987 100 356 456 21 . Meghalaya 2102 4792 6894 273 482 755 22. Mizoram 1432 2268 3700 32 4 36 23. Odisa 244798 795867 1040665 23362 148607 171969 24. Punjab 248272 342136 590408 624 627 1251 25. Rajasthan 399917 1051400 1451317 24804 47950 72754 26. Sikkim 617 917 1534 2 0 2 27. Tamil Nadu 583631 437364 1020995 20280 19589 39869 28. Telangana 201641 230867 432508 10628 4634 15262 29. Tripura 8069 16570 24639 103 2706 2809 30. Uttar Pradesh 1388759 4317273 5706032 232569 961872 1194441 31 . Uttarakhand 33092 181586 214678 985 3402 4387 32. West Bengal 477396 1334009 1811405 53013 172943 225956

irotal Pending Cases 7945251 18074569 26019820 580925 1999023 2579948 Source: NJDG Data in respect of the States of Arunachal Pradesh & Nagaland and Union Territories of Lakshadweep & Puducherry are not available on the website of National Judicial Data Grid (NJDG).

***************

..



LOK SABHA

UNSTARRED QUESTION N0.6090 TO BE ANSWERED ON WEDNESDAY, THE 4th APRIL, 2018

Functioning of FTCs

6090. SHRI RAHUL SHEWALE: SHRI BHARTRUHARI MAHTAB: SHRI SANJA Y DHOTRE:


(a) whether the Supreme Court has requested the Chief Justices of the High Courts to create - Fast Track Courts (FTCs) in the country, if so, the details thereof;

(b) whether the Government is satisfied with the performance of the FTCs with respect to disposal of the cases filed or referred therein during each of the last three years and the current year, if so, the details thereof along with the number of cases filed/referred, disposed of and pending in FTCs during the said period, State/UT-wise;

(c) the number of additional positions of judges created and filled in subordinate judiciary across the country along with the funds provided by the Government for the purpose during the said period; and ( d) the other steps taken by the Government to improve the functioning of FTCs in the

country? ANSWER

MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION

TECHNOLOGY

(SHRI RA VI SHAN KAR PRASAD)

(a): As per information received from the Hon'ble Supreme Court, Hon'ble the then Chief

Justice of India had requested the Chief Justices of High Courts vide his letters dated 05.01.2013

and 10.07.2014 to take up the l]latter with the State Government/UT concerned, with

promptitude to increase the number of courts, not only of Judicial Officers, but also of support

staff and infrastructure, so that fast tracking of matters relating to offences against women can be

taken up and to set up adequate number of Fast Track Courts (FTCs) to deal with cases relating

to offences against women, children, differently-abled persons, senior citizens and marginalized

sections of society respectively.

(b): Setting up of subordinate courts including FTCs and their monitoring fall within the

domain of the State Governments who set up such courts as per their need and resources, in

consultation with the respective High Courts. Data in respect of disposal of cases filed and

•

pending therein of the last three years and the current year are not maintained by the Central

Government. However, as per infonnation received from the respective High Courts, at present,

727 FTCs are functional across the country and 570224 cases are pending in these FTCs, as on

31.12.2017 (Annexure-1).

(c): The number of sanctioned strength and working strength of Judges in subordinate courts,

as on 31.12.2017, is given at Annexure-IT.

(d): The 14th Finance Commission (14th FC) endorsed the proposal of the Government to

strengthen the judicial system in States which includes establishing 1800 FTCs for a period of

five years for cases of heinous crimes; cases involving senior citizens, women, children etc. at a

cost of Rs.4144 crore and urged the State Governments to use the additional fiscal space

provided by the Commission in the form of enhanced tax devolution (from 32% to 42%) to meet

such requirements .

The Central Government has urged the State Governments to allocate funds for the

activities mentioned in the 141h FC recommendations from their State budgets from 2015-16

onwards. The Minister of Law & Justice has also written letters to all the Chief Ministers of

States and the Chief Justices of High Courts to implement the resolution of the Chief

Ministers/Chief Justices Conference including the recommendations of the 14th FC related to

FTCs.

•

ANNEXURE-I

STATEMENT REFERRED TO IN REPLY TO PART (b) OF THE LOK SABHA UNSTARRED QUESTION N0.6090 TO BE ANSWERED ON THE 4TH APRIL, 2018 REGARDING FUNCTIONING OF FTCs.

Name of the States/UTs No of Fast Track Courts No. of Cases Pending in the functional as on 31.12.2017 Fast Track Courts

(As on 31.12.2017) Andhra Pradesh , Telangana 72 9085

Assam, Arunachal Pradesh, 0 0 Nagaland, Mizoram

Bihar 55 22616

Chhattisgarh 21 4292

Delhi 14 6729

Goa 4 4719

Gujarat 0 0

Haryana 0 0

Himachal Pradesh 0 0

Jammu & Kashmir 5 0

Jharkhand 14 2136

Karnataka 0 0

Kerala 0 0

Madhya Pradesh 0 0

Maharashtra 100 105301

Manipur 3 114

Meghalaya 0 0

Odisha 0 0 Punjab 0 0

Puducherry Rajasthan 0 0

Sikkim 2 13

Tamil Nadu 69 50641

Tripura 3 891

Uttar Pradesh 273 323854

Uttarakhand 4 671

West Bengal 88 39162

Total 727 570224

ANNEXURE-II

STATEMENT REFERRED TO IN REPLY TO PART (c) OF THE LOK SABHA UNSTARRED QUESTION N0.6090 TO BE ANSWERED ON THE 4TH APRJL, 2018 REGARDING FUNCTIONING OF FTCs

Sanctioned Strength I Working Strength and vacancies in Subordinate Courts as on 31.12.2017

SI. No Name of States/Uts Sanctioned Strength Working Strength as on as on 31.12.2017 31.12.2017

1 Andhra Pradesh & Telangana 986 920 2 Arunachal Pradesh 28 17 3 Assam 429 352 4 Bihar 1828 993 5 Chhattisgarh 398 335 6 Goa 55 43 7 Gujarat 1496 1121 8 Haryana 645 496 9 Himachal Pradesh 159 148 10 Jammu & Kashmir 253 224 11 Jharkhand 672 419 12 Karnataka 1303 976 13 Kerala 535 450 14 Madhya Pradesh 2021 1293 15 Maharashtra 2097 1930 16 Manipur 49 40 17 Meghalaya 97 39 18 Mizoram 63 46 19 Nagaland 34 22 20 Orissa 862 656 21 Punjab 674 538 22 Rajasthan 1225 1122 23 Sikkim 23 18 24 Tamil Nadu 1108 908 25 Tripura 107 76 26 Uttar Pradesh 3204 1856 27 Uttarakhand 291 230 28 West Bengal and 956 916 29 A&Nlsland . 11 11 30 Chandigarh 30 30 31 D & N Haveli AND Daman & Diu 7 7

32 Delhi 799 482 33 Lakshadweep 3 2 34 Pondicheny* 26 12

Total 22474 16728



UNSTARRED QUESTION NO. 6107 TO BE ANSWERED ON WEDNESDAY, THE 04 TH APRIL, 2018.

Return/Upkeep of Confiscated/Recovered Items

6107. SHRIMATI DARSHANA VIKRAM JARDOSH:

Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Government is aware that due to procedural delay like court

proceedings etc. in identifying actual ownership before handing over of stolen/ misplaced items/vehicles recovered by Police, many a time these get damaged/ deteriorated due to neglect, mishandling or want of upkeep;

(b) if so, whether the Government would interact with States to smoothen procedures by amendments in relevant provisions of law or set up fast-track courts to expedite handing over procedure and also introduce penal provision for dereliction of duty against officials unable to ensure proper handling of custodial items and if so, the details thereof; and

(c) if not, the reasons therefor?

ANSWER



(a) to (c): Section 451 of chapter XXXIV of Criminal Procedure Code (CrPC) provides for custody and disposal of property pending trial in such cases wherein it is stated that if the property is subject to speedy and natural decay, or if it otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Further section 459 of CrPC also provides power to sell perishable property, wherein it is stated that if the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold . Although adequate provisions already exist in CrPC the States are authorised to make amendments in the Criminal Laws as per their needs. Criminal laws and criminal procedure are in the concurrent list and the State Governments are primarily responsible for proper implementation of laws.

************





Appointment of Judges

6111. SHRI NANDI YELLAIAH:


(a) the total number of judges functioning in Supreme Court, High Courts and District Courts of the country, district and State/UT-wise as on date;

(b) the number of Supreme Court judges, High Court judges and district court judges required to be appointed, State/UT-wise as on date; and

(c) whether the Government would take immediate steps to fill up all vacancies for speedy delivery of justice from the highest to the lowest level in judiciary and if so, the details thereof and if not, the reasons therefor?

ANSWER


(SHRI RAVI SHANKARPRASAD)

(a) to (c): A Statement showing the Sanctioned Strength, Working

Strength and Vacancies in the Supreme Court and the High Courts as on

28.03.2018 is at Annexure-1.

- ..

A Statement showing the Sanctioned Strength, Working Strength

and Vacancies of Judges in Subordinate Courts as on 31.12.2017 is at

Annexure-11.

Filling up of vacancies of Judges of Supreme Court and High Courts

is a continuous, collaborative and integrated process involving both the

Executive and the Judiciary. While every effort is made to fill up existing

vacancies expeditiously, vacancies do keep arising on account of

retirement, resignation or elevation of Judges and increase in Judge

Strength from 906 in 30.06.2014 to 1079 as on today.

Judges appointed in Supreme Court and High Courts during last

3 years are given below:-

Years Supreme Court High Courts

2016 4 126

2017 5 115

2018 ( upto 28.03.2018) - 11

As per the Constitutional framework, the selection and appointment

of judges in subordinate courts is the responsibility of the High Courts and

State Governments concerned. In so far as recruitment of judicial officers

in the States is concerned, respective High Courts do it in certain States,

whereas the High Courts do it in consultation with the State Public

Service Commissions in other States.

Annexure-1

Statement referred to in reply to Parts (a) to (c) of Lok Sabha Unstarred Question No. 6111 to be answered on 04.04.2018

(As on 28.03.2018)

SI.No. Name of the Court Sanctioned Working Vacancies Strength Strength as per

Sanctioned Strength

A Supreme Court of 31 24 07 India

B High Court 1 Allahabad 160 101 59 2 Telangana & Andhra 61 30 31

Pradesh 3 Bombay 94 70 24 4 Calcutta 72 33 39 5 Chhattisgarh 22 12 10 6 Delhi 60 37 23 7 Gauhati 24 18 06 8 Gujarat 52 30 22 9 Himachal Pradesh 13 08 05 10 Jammu & Kashmir 17 10 07 11 Jharkhand 25 17 08 12 Karnataka 62 30 32 13 Kera la 47 37 10 14 Madhya Pradesh 53 32 21 . 15 Madras 75 58 17 16 Manipur 05 02 03 17 Meg ha lava 04 01 03 18 Orissa 27 16 11 19 Patna 53 32 21 20 Punjab& Haryana 85 50 35 21 Rajasthan 50 33 17 22 Sikkim 03 03 0 23 Tripura 04 02 02 24 Uttarakhand 11 08 03 Total 1079 670 409

SI. No 1

2 3 4 5 6 7 8 9 10 11

• 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

32 33 34

Total

~ Annexure-11 Statement referred to in reply to Parts (a) to (c) of Lok Sabha Unstarred Question No. 6111 to be answered on 04.04.2018

(As on 31.12.2017)

Name of States/UTs Sanctioned Strength Working Strength Vacancies as as on 31 .12.2017 as on 31.12.2017 on 31.12.2017

Andhra Pradesh 986 920 66 &Telangana Arunachal Pradesh 28 17 11 Assam 429 352 77 Bihar 1828 993 835 Chhattisgarh 398 335 63 Goa 55 43 12 Gujarat 1496 1121 375 Haryana 645 496 149 Himachal Pradesh 159 148 11 Jammu & Kashmir 253 224 29 Jharkhand 672 419 253 Karnataka 1303 976 327 Kera la 535 450 85 Madhya Pradesh 2021 1293 728 Maharashtra 2097 1930 167 Manipur 49 40 09 Meg ha la ya 97 39 58 Mizoram 63 46 17 Nagaland 34 22 12 Odisha 862 656 206 Punjab 674 538 136 Rajasthan 1225 1122 103 Sikkim 23 18 5 Tamil Nadu 1108 908 200 Tripura 107 76 31 Uttar Pradesh 3204 1856 1348 Uttarakhand 291 230 61 West Bengal 956 916 40 A & N Island 11 11 0 Chandigarh 30 30 0 D & N Haveli and Daman 7 7 0 & Diu . Delhi 799 482 317 Lakshadweep 3

. 2 1

Puducherry 26 12 14 22474 16728 5746

*****

•


DEPARTMENT OF JUSTICE ******

LOK SABHA

UNSTARRED QUESTION NO. 6128 TO BE ANSWERED ON FRIDAY, THE 041

h APRIL, 2018

Legal Assistance to Survivors of Sexual Violence

6128: SHRI A.P. JITHENDER REDDY:


(a) the details of the steps taken by the Government to ensure effective legal assistance to the survivors of sexual violence;

(b) whether any training programmes are conducted to sensitise the judicial officials on proper handling of the cases of sexual violence, if so, the details of the training programme and if not, the reasons for not conducting such a programme; and

(c) whether there has been any nationwide study undertaken by the Government to determine the effectiveness of the 524 fast track courts established for expeditious trials in cases dealing with crimes against women and children, if so, the details and the results of the study and if not, the reasons for not conducting such a study?

ANSWER

MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION

TECHNOLOGY


(a): Under section 12 of the Legal Services Authorities Act, 1987 free legal aid is provided to all

eligible persons including victimized women for fighting cases of sexual assault, rape, dowry,

domestic violence, etc. Provision of free legal aid includes representation by an Advocate in

legal proceedings; preparation of pleadings, memo of appeal, paper book including printing and

translation of documents in legal proceedings; drafting of legal documents, special leave petition

etc.; rendering of any service in the conduct of any case or other legal proceeding before any

•

court or other Authority or tribunal, and giving of advice on any legal matter. Free Legal

Services also include provision of aid and advice to the beneficiaries to access the benefits under

the welfare statutes and schemes framed by the Central Government or the State Government.

Legal services are provided by legal services institutions at all levels from taluk court to

Supreme Court to all eligible persons including women under Section 12 of the Legal Services

Authorities Act, 1987. Further, National Legal Services Authority has formulated two schemes

namely, NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015

and NALSA (Legal Services to Victims of Acid Attacks) Scheme, 2016 aiming to provide legal

assistance to address the concerns of women so as to ensure social protection and dignity of the

victims available to any other citizen. Apart from above the National Legal Services Authority

(NALSA) has established 20, 134 legal aid clinics in the country . In addition, under Access to

Justice Project 46 legal aid clinics were set up by the Government in Tuensang and Mon districts

of Nagai and in 2016-17. The Government in partnership with UNDP also implemented another

project during 2009-2017 on Access to Justice. Under the project, 4 legal aid clinics were set up

in Odisha in partnership with National Law University, Odisha and 2 legal aid clinics were set up

in Mumbai in partnership with Tata Institute of Social Sciences. Thus the total number of legal

aid clinics comes to 20, 186.

The Ministry of Women and Child Development is implementing a One Stop Centre

Scheme to provide integrated support including legal assistance to women affected by violence

and a Scheme for Universalisation of Women Helpline to provide 24 hours immediate and

emergency response to women affected by violence. Apart from this, the Ministry of Women &

Child Development, in collaboration with the Ministry of Home Affairs, seeks to engage Mahila

•

Police Volunteers (MPVs) in States/UTs, who act as a link between police and community and

help women in distress.

. In April, 2017, the Government has launched new legal empowerment initiatives,

namely, Tele Law and Pro bono legal services. Tele Law scheme has been launched in 1800

gram panchayats in 11 States of the country for providing free legal aid to eligible persons

including women. Out of 15621 cases registered under the scheme, legal advice has been

provided in 12415 cases. Under the Pro Bono legal service scheme, 227 advocates have

registered .

(b): The National Judicial Academy has conducted 4 training programmes during 2014-15 to

2017-18 to sensitize Judicial Officers on sexual violence cases. A total of l 3 5 Judicial Officers

have been trained in these programmes.

(c): A Study of Pre-Trial and Trial Stages of Rape Prosecutions in Delhi was conducted by

the Government during January 2014 to March 2015 with support of United Nations

Development Programme. This study covered different stages of procedure relating to rape

trials, to examine their compliance with the legal norms designed to facilitate gender justice.

The three stages pertain to: the pre-trial stage, the trial stage, and the need for as well as the

availability of support services. These three stages were examined through close observation of

16 cases selected across four special fast track courts in Delhi, through a combination of

methods. The Study Report is available at the website of the Department of Justice [at

http://doj .gov. in/page/towards-victim-friendly-responses-and-procedures-prosecuting-rape

study-pre-trial-and-trial].





Separate High Courts/Benches

6142. SHRI BHARTRUHARI MAHTAB: SHRI RAHUL SHEWALE:

SHRI SANJAY DHOTRE:


(a) whether the Government has received proposals from States/UTs for establishment of separate High Courts/ Benches during each of the last three years and the current year, if so, the details thereof, State/UT-wise;

(b) whether the Government has augmented the resources of the State Governments for development of infrastructure facilities of judiciary under the Centrally Sponsored Scheme during the said period, if so, the details thereof, State/ UT-wise; and

(c) the other steps taken by the Government to expedite the process of establishment of separate High Courts/ Benches?

ANSWER


(SH. RAVI SHANKAR PRASAD)

(a) to (c): The setting up of separate High Courts/Benches is subject to the creation of all

necessary infrastructure facilities by respective State/UT Governments/ requisite approval

of concerned High Courts. No proposal of States/UTs during the last 3 years which is

complete in all aspects for establishment of High Courts/Benches of High Courts is

pending for consideration by the Union Government.

Central Government is implementing the Centrally Sponsored Scheme for

Development of Infrastructure Facilities for Subordinate Judiciary in order to augment the

resources of State/UT Governments. Rs. 1722.94 Crores has been sanctioned to States

and UTs during last 3 years.

*****

•

GOVERNMENT Of INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 04TH APRIL, 2018.

Village/Family/Lower Courts

6150. SHRI M.B. RAJESH:


{a) the details of the total number of Village Courts, Lower Courts, Family Courts and tribunals functioning in the country at present, State-wise;

(b) the funds allocated to the States in this regard during the last three years, Statewise; and

(c) the total estimated number of courts required to be constituted for speedy disposal of pending cases in the country?

ANSWER


(SURI RA VI SHANKAR PRASAD)

(a): The District and Subordinate Courts including Village Courts, Lower Courts, Family Courts

etc. are set up by the State Governments in consultation with concerned High Courts. The State I

UT-wise details of District and Subordinate Courts as available on the National Judicial Data Grid

(NJDG) are given in the Statement at Annexure - I. The details of Gram Nyayalayas notified and

operationalised by State Governments are given in the Statement at Annexure - II. The details of

Family Courts, State-wise, functional as on 31 .12.2017 are given in the Statement at Annexure -

Ill. The details of 727 Special Fast Track Courts for trial of cases of heinous crimes, involving

senior citizens, women, children, physically challenged and persons affected with terminal ailments

etc., functioning in various States are given in the Statement at Annexure - IV. In addition, related

High Courts and State Governments have set up 12 Special Courts to deal with criminal cases

related to legislators. Details are given in Annexure - V. Indian Law Institute (Ill) in its Report on

the Merger of Tribunals in India (2016) has identified 36 Tribunals.

(b): It is the primary responsibility of State Governments to provide adequate infrastructure for

Subordinate Judiciary which includes court complexes I court halls and residential accommodation.

•

The Union Government has been administering theiCentrally Sponsored Scheme for Development

of Infrastructure Facilities for Judiciary in order to augment the resources of State Governments in

this regard in association with the States I UT Governments. As on date, Rs. 6, 100 crore has been

released since the inception of the Scheme in 1993-94. Out of this, Rs. 2,655 crore (43.52%) has

been released to the States and UTs since April, 2014. 18,108 court halls and 14,963 residential

accommodations have been made available for Judicial Officers of District and Subordinate Courts

under this scheme as on date. Out of this, 2,483 court halls and 1,431 residential accommodations

have been constructed since April 2014 till date. In addition, 3, 161 court halls and 1, 787

residential units are under construction. The Central Government has approved continuation of the

Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary

beyond the 121h Five Year Plan period i.e. from 01 .04.2017 to 31 .03.2020 with an estimated outlay

of Rs.3,320 crore. The State-wise details of sanction of funds under the above mentioned Scheme

during last three years is given in a Statement at Annexure - VI.

In terms of Section 3 (1) of the Gram Nyayalayas Act, 2008, the State Governments are

responsible for establishing Gram Nyayalayas in consultation with the respective High Courts.

Under the Central Government's Scheme of 'Assistance to States for Establishing and

Operationalising Gram Nyaya/ayas', the financial assistance is sanctioned only after the issue of

notification for establishing Gram Nyayalayas by the respective State Governments and their

operationalisation. The State-wise details of sanction of funds under the Gram Nyayalaya Scheme

during last three years is given at Annexure - VII.

For setting up of Family Courts, the Union Government in its Memorandum to the 14th

Finance Commission had proposed an amount of Rs.541 crore for setti~g up of 235 Family Courts

and an amount of Rs.4, 144 crore for setting up of Fast Track Courts (FTCs) for trial of cases of

heinous crimes, involving senior citizens, women, children, physically challenged and persons

affected with terminal ailments etc. The 14th Finance Commission endorsed the proposal of the

Union Government and urged the State Governments to use the additional fiscal space provided in

the form of enhanced tax devolution from 32% to 42% to meet such requirements.

•

(c) : In the case of lmtiyaz Ahmed versus State of ~ttar Pradesh and others, the Supreme Court

had asked the Law Commission of India to evolve a method for scientific assessment of the

number of additional courts required to clear the backlog of cases. In 245th report (2014), the Law

Commission has observed that filing of cases per capita varies substantially across geographic

units as filings are associated with economic and social conditions of the population. As such the

Law Commission did not consider the judge population ratio to be a scientific criterion for

determining the adequacy of the judge strength in the country. The Law Commission found that in

the absence of complete and scientific approach to data collection across various High Courts in

the country, the "Rate of Disposal" method, to calculate the number of additional judges required to

clear the backlog of cases as well as to ensure that new backlog is not created, is more pragmatic

and useful. In May, 2014, the Supreme Court asked the State Governments and the High Courts

to file their response to the recommendations made by the Law Commission.

In August 2014, the Supreme Court asked the National Court Management System

Committee (NCMS Committee) to examine the recommendations made by the Law Commission

and to furnish its recommendations in this regard. NCMS Committee submitted its report to the

Supreme Court in March, 2016. The report, inter-alia, observes that in the long term, the judge

strength of the subordinate courts will have to be assessed by a scientific method to determine the

total number of •Judicial Hours" required for disposing of the case load of each court. In the

interim, the Committee has proposed a "weighted' disposal approach i.e. disposal weighted by the

nature and complexity of cases in local conditions. As per the direction of the Hon'ble Supreme

Court in its Order dated 02.01 .2017, the Department of Justice has forwarded a copy of interim

report of the NCMS Committee to all the State Governments and High Courts to enable them to

take follow up action to determine the required Strength of district and supordinate judiciary.

************

. ,.,

Annexure - I

Statement referred to in Lok Sabha Sabha Unstarred Question No. 6150 f I 04 04 2018 or rep1y on . . Statement showing details of courts, court complexes state-wise I UT-wise

as available in NJDG on 29.03.2018 Sr State I UT Total Court Complexes Total Courts No 1 Andaman and Nicobar 4 13 2 Andhra Pradesh 183 688 3 Assam 62 346 4 Bihar 46 1411 5 Chandigarh 1 50 6 Ch hattisgarh 89 414 7 Delhi 11 509 8 Diu and Daman 2 10 9 DNH at Silvasa 2 4 10 Goa 15 69 1 1 Gujarat 312 1206 12 Haryana 63 707 13 Himachal Pradesh 39 227 14 Jammu and Kashmir 77 314 15 Jharkhand 22 679 16 Karnataka 188 982 17 Kera la 124 524 18 Madhya Pradesh 204 2212 19 Maharashtra 465 2845 20 Manipur 17 26 21 Meg ha lava 3 50 22 Mizoram 8 17 23 Orissa 114 521 24 Punjab 82 805 25 Raiasthan 237 1431 26 Sikkim . 4 45 27 Tamil Nadu 240 1040 28 Telangana 101 485 29 Tripura 15 106 30 Uttar Pradesh 161 2494 31 Uttarakhand 26 254 32 West Bengal 85 820 Grand Total 3002 21304 Details of Arunachal Pradesh, Nagaland, Lakshadweep and Puducherry are not available.

*****

•

,,

....

Annexure - II

Statement referred to in Lok Sabha Sabha Unstarred Question No. 6150 for reply on 04.04.2018

Status of Gram Nyayalayas notified and operationalised by State Governments

SI. State Notified Functional No.

1 MP 89 89 2 Rajasthan 45 45 3 Karnataka 2 0 4 Orissa 22 14 5 Maharashtra 39 24 6 Jharkhand 6 1 7 Goa 2 0 8 Punjab 2 1 9 Haryana 2 2 10 UP 104 4 11 Kera la 30 30

Total 343 210 **********

•

i Annexure - Ill Statement referred to in reply to part (a) of the Lok Sabha Unstarred Question No. 6150 for 04.04.2018 regarding "Village I Family I Lower C rt " . d b Sh . M B R . h ou s raise 1y rl . . a1es . Name of the States I UTs Number of Family Courts Andhra Pradesh , TelanQana 29 Assam, Arunachal Pradesh, 4 NaQaland, Mizoram Bihar 39 ChhattisQarh 22 Delhi 15 Goa 0 Gujarat 36 Haryana 13 Himachal Pradesh 0 Jammu & Kashmir . 0 Jharkhand 24 Karnataka 25 Kera la 28 Madhya Pradesh 50 Maharashtra 26 Manipur 6 Meghalaya 0 Odisha 21 Punjab 5 Puducherry 2 Rajasthan 39 Sikkim 4 Tamilnadu 25 Tripura 3 Uttar Pradesh 76 Uttarakhand 12 West Bengal 2 Total 506

************

...

-e Annexure - IV Statement referred to in Lok Sabha Sabha Unstarred Question No. 6150 for reply on 04.04.2018

S . IF tT kC rt ,pec1a as rac OU S

Name of the States/UTs Number of Fast Track Courts Andhra Pradesh , Telangana 72 Assam, Arunachal Pradesh, 0 Nagaland, Mizoram Bihar 55 Chhattisgarh 21 Delhi 14 Goa 4 Gujarat 0 Haryana 0 Himachal Pradesh 0

• Jammu & Kashmir 5 Jharkhand 14 Karnataka 0 Kera la 0 Madhya Pradesh 0 Maharashtra 100 Manipur 3 Meghalaya 0 Odis ha 0 Punjab 0 . Puducherry 0 Rajasthan 0 Sikkim 2 Tamil Nadu 69 Tripura 3 Uttar Pradesh 273 Uttarakhand 4 West Bengal 88 Total . 727

**************

. .

Annexure-V


Special Courts to deal with criminal cases related to legislators

Name of State Number of Special Court Telengana 1 Tamilnadu 1 Karnataka 1 Bihar 1 Andhra Pradesh 1 Kera la 1 Maharashtra 1 Madhya Pradesh 1 Uttar Pradesh 1 West Bengal 1 Delhi 2 Total 12

************

•

Annexure - VI


Funds sanctioned during last three years under the Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary

(Rs. In Lakh' SI. State Funds Funds Funds No. sanctioned sanctioned sanctioned

in 2015-16 in 2016-17 in 2017-18 1 Bihar 5000.00 4290.00 2 Gujarat 5000.00 5000.00 5000.00 3 Haryana 5000.00 1500.00 4 Himachal Pradesh 819.00 5 Jammu & Kashmir 1325.00 2104.00 1000.00 6 Jharkhand 3044.00 5000.00 7 Karnataka 5000.00 5000.00 5000.00 8 Kera la 2500.00 9 Madhya Pradesh 5000.00 5000.00

10 Maharashtra 5000.00 4975.00 5000.00 11 Punjab 5000.00 4800.00 5000.00 12 Raiasthan 5000.00 4374.00 1734.00 13 Tamil nadu 5000.00 14 Uttarakhand 2500.00 15 UttarPradesh 5000.00 5000.00 7500.00 16 West Bengal 1734.00

Total (A) 44369.00 42072.00 52758.00 NE States

1 Arunachal Pradesh 1593.00 2 Assam 2000.00 3 Manipur 2000.00 4 MeQhalaya 2037.00 2000.00 863.00 5 Mizoram 2000.00 6 Nagaland 2000.00 2000.00

Total (8) 5630.00 4000.00 6863.00 UTs

1 A & N Islands 259.68 2 Daman & Diu 42.43 3 Delhi 6 ,040.32 5,000.00 2,500.00 4 Lakshadweep 5 Pondicherry 259.68 2500.00

Total (C) 6300.00 7802.11 2500.00 Grand Total (A+B+C) 56299.00 53874.11 62121.00

*************

....

Annexure - VII


Funds sanctioned during last three years under Gram Nyayalayas Scheme

Rs. In Lakh) SI. State 2015-16 2016-17 2017-18 No.

1 Orissa 211 .00 0.00 0.00

2 Maharashtra 0.00 0.00 79.00

3 Uttar Pradesh 0.00 500.00 346.00

4. Kera la 0.00 0.00 375.00

Total 211 .00 500.00 800.00 ***********



LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 04rH APRIL, 2018.

Two-Tier Recruitment Process for Judges

6161. SHRI Y.V. SUBBA REDDY:


(a) whether it is true that the Supreme Court has ordered that a two-tier recruitment for District Judges should take about 150 days;

(b) if so, whether it has come to the notice of the Government that Andhra Pradesh is taking almost 200 days to appoint a District Judge which is contributing to delay in justice delivery; and

(c) the steps taken by the Government to ensure that all States strictly follow SC's order in appointment of District Judges?

ANSWER


(SURI RAVI SHANKAR PRASAD)

(a) to (c): As per the Constitutional framework, the selection and appointment of judges in subordinate courts is the responsibility of the High Courts and State Governments concerned. In so far as recruitment of judicial officers in the States is concerned, respective High Courts do it in certain States, whereas the High Courts do it in consultation with the State Public Service Commissions in other States.

The Supreme Court has delivered a series of significant decisions on the subject. These include the All India Judges' Association. case where the Supreme Court directed that the number of judges should be increased, in the first instance by filling up the existing vacancies followed by an increase in the judge strength in a phased manner. In the Malik Mazhar Sultan case the Supreme Court devised a process and time schedule to be followed by the High Courts and State Governments for the filling up of judicial vacancies. This order of January 2007 by the Supreme Court stipulates that the process for recruitment of judges in the subordinate courts would commence on 31st March of a calendar year and end by 31 st October of the same year. The Supreme Court has, however, permitted State Governments I High Courts for variations in the time schedule in case of any difficulty based on the peculiar geographical and climatic conditions in the State or other relevant conditions.

************

+6162


DEPARTMENT OF nJSTICE

LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 04th April, 2018

Hindi as Official Court Language

SHRI HARISH CHANDRA ALIAS HARISH DWIVEDI:

Will the Minister ofLAW AND JUSTICE be pleased to state:

(a) Whether Hindi has the status of an official language in the Supreme

Court;

(b) if so, whether hearing of cases in the Supreme Court takes place in Hindi

and if not, the reasons therefor;

( c) if not, whether the Government has any plans to ensure hearing of cases

in the Supreme Court in Hindi also; and

( d) if so, the details of the steps taken in this regard, so far?

ANSWER



(a) to (d): Article 348(1) of the Constitution of India provides that all

proceedings in the Supreme Court and High Courts shall be in English language

until Parliament by law otherwise provides. Parliament has not made any law in

this regard. Therefore, English continues to be the language for all proceedings

of the Supreme Court. However, the Government, in accordance with the

~

provisions of Article 348 (2), and in consultation with lhe Supreme Court, has

authorized use of Hindi in the proceedings of four High Courts namely, Patna

Iligh Court, Allahabad High Court, Madhya Pradesh High Court and Rajasthan

High Court.

The 18th Law Commission of India in its 216th Report on ''Non

feasibility of introduction of Ilindi as compulsory language in the Supreme

Court of India" (2008) has, after detailed discussions with all stake-holders,

inler-alia, recommended that at any rate no language should be thrust upon the

Judges of lhe higher judiciary and they should be left free to deliver their

judgment in the language they prefer. It is important to remember that every

citizen. every court has the right to understand the law laid down finally by the

Apex Court and at present one should appreciate that such a language is only

English.

In accordance with the decision of the Cabinet Committee dated

21.05.1965, the Chief Justice of India is consulted before obtaining the consent

of the President to any proposal relating to introduction of regional languages in

the Supreme Court/ High Courts. The Chief Justice of India, had informed on

18.01.2016 that the f-ull Court, after extensive deliberations, disapproved the

proposals relating to introduction of regional languages in the Supreme

Court/High Courts and reiterated the Resolution which was adopted on ih May,

1997. and was reiteraled on 15th December, 1999, and on I Ith October, 2012.

Therefore ,the matter of introduction of regional languages in the

Supreme Court and High Courts is left to the judiciary as it is the best judge to

decide if the time is ripe to take the step in that direction. Once the Government

receives the consent of judiciary in this regard, further action, ·as appropriate, at

the level of the Central Government and State Governments is taken.

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