GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE …doj.gov.in/sites/default/files/RJS-27-feb-8-may-2015_0.pdf · GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE

DEPARTMENT OF JUSTICE

RAJYA SABHA

UNSTARRED QUESTION NO. 2667

TO BE ANSWERED ON FRIDAY, THE 20TH MARCH, 2015.

Infrastructure development in courts 2667. DR. CHANDAN MITRA:

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

(a) the total funds allocated, released and utilised for infrastructure development of courts during the last five years, State-wise;

(b) the reasons for which huge quantum of funds for developing judicial infrastructure remained unspent during the above period; and

(c) the corrective steps taken by Government to create Fast Track Courts, Family Courts, special evening and morning courts besides creating litigant-friendly facilities in the court complexes across the country?

ANSWER MINISTER OF LAW & JUSTICE

(SHRI D. V. SADANANDA GOWDA)

(a) to (c) : Development of infrastructure facilities for Judiciary is the primary

responsibility of the State Governments. However, in order to augment the resources of

the State Governments, a Centrally Sponsored Scheme (CSS) for Development of

Infrastructure Facilities for Judiciary is being implemented under which central

assistance is provided to the State Governments for the construction of court buildings

and residential units. On receipt of the complete proposals from the State Governments

including utilisation certificates for the funds sanctioned earlier, necessary financial

assistance is sanctioned to the State Governments in terms of the guidelines of the

scheme, subject to availability of funds.

The details of Budget Estimates, Funds Sanctioned to the State Governments and

Union Territories during the last five years and funds for which Utilisation Certificates

have become due but not yet received have been indicated in the Statement annexed.

The fund utilisation under the Scheme has been by and large satisfactory.

Subordinate Court including Fast Track Courts, Family Courts, Special Evening and

Morning Courts etc., are set up by the State Governments in consultation with the High

Court concerned. To provide financial support to States in this regard a comprehensive

proposal was submitted by the Central Government in consultation with States to the 14th

Finance Commission to inter-alia enable them to set up Fast Track Courts and Family

Courts besides creating litigants friendly facilities in the existing court complexes across

the country. While endorsing the proposal the 14th Finance Commission has asked the

State Government to use the additional fiscal space provided to them in the tax devolution

to meet such requirements.

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

Annexure Statement referred to Rajya Sabha Un-satarred Question No. 2667 for Reply on 20.03.2015 Details of Budget Estimates, Funds Sanctioned to the State Governments and Union Territories during the last five years and funds for which Utilisation Certificates have become due but not yet received.

(Rs. in Lakhs)

Sl. No.

State / UT

Budget Estimates 2010-11





Total Budget Estimates of last five years.

Total amount

for which

Utilisation

Certificate due

but not yet

received.

11000.00 54290.00 66000.00 91100.00 93599.00 315989.00

Funds Sanctioned in 2010-11





Total Funds Sanctioned During Last Five Years

1. Andhra Pradesh 0.00 1888.00 6393.00 0.00 0.00 8281.00 6393.00

2. Bihar 0.00 0.00 1524.00 0.00 4909.35 6433.35 90.65

3. Chhattisgarh 400.00 2097.00 0.00 0.00 2176.60 4673.60 132.00

4. Goa 0.00 172.00 0.00 0.00 0.00 172.00 125.87

5. Gujarat 0.00 0.00 9893.00 10000.00 10000.00 29893.00 0.00

6. Haryana 1320.00 2138.00 0.00 3632.00 0.00 7090.00 0.00

7. Himachal Pradesh 547.00 0.00 0.00 806.00 0.00 1353.00

0.00

8. Jammu & Kashmir 140.00 1035.00 2572.00 3428.00 3429.00 10604.00

0.00

9. Jharkhand 0.00 0.00 1500.00 1693.00 3044.00 6237.00 0.00

10. Karnataka 500.00 2961.00 7610.00 10384.00 16370.00 37825.00 0.00

11. Kerala 606.00 1169.00 1499.00 0.00 0.00 3274.00 490.95

12. Madhya Pradesh 1738.20 4403.00 2046.00 6141.00 6141.00 20469.20 178.62

13. Maharashtra 1458.52 12915.00 5920.24 10000.00 9975.00 40268.76 0.00

14. Orissa 723.00 2416.00 1534.00 0.00 0.00 4673.00 3950.00

15. Punjab 0.00 0.00 7902.00 12000.00 9805.00 29707.00 0.00

16. Rajasthan 70.00 1172.00 1042.00 0.00 0.00 2284.00 260.87

17. Tamilnadu 0.00 0.00 1953.00 7343.00 0.00 9296.00 97.90

18. Uttarakhand 688.20 0.00 829.76 2043.00 3559.05 7120.01 0.00

19. UttarPradesh 2858.00 15659.00 9398.00 12530.00 12531.00 52976.00 0.00

20. West Bengal 425.35 2518.00 0.00 0.00 2000.00 4943.35 0.00

Total (A) 11474.27 50543.00 61616.00 80000.00 83940.00 287573.27 11719.86

NE States

1. Arunachal Pradesh 0.00 972.00 750.00 0.00 1000.00 2722.00

0.00

2. Assam 500.00 2890.00 2954.90 0.00 0.00 6344.90 5844.90

3. Manipur 209.71 0.00 0.00 1500.00 2000.00 3709.71 0.00

4. Meghalaya 200.00 0.00 0.00 1474.00 1709.00 3383.00 0.00

5. Mizoram 155.00 0.00 704.78 812.56 1085.00 2757.34 0.00

6. Nagaland 415.29 169.00 750.00 0.00 2016.00 3350.29 0.00

7. Sikkim 220.00 0.00 549.50 2802.84 0.00 3572.34 549.50

8. Tripura 100.00 0.00 1495.60 2910.60 1550.00 6056.20 0.00

Total (B) 1800.00 4031.00 7204.78 9500.00 9360.00 31895.78 6394.40

UTs

1. A&N Islands 0.00 500.00 0.00 0.00 0.00 500.00 226.86

2. Chandigarh 400.00 500.00 0.00 0.00 0.00 900.00 1423.25

3. Dadra & Nagar Haveili 0.00 500.00 0.00 0.00 0.00 500.00

500.00

4. Daman & Diu 0.00 0.00 0.00 0.00 0.00 0.00 58.73

5. Delhi 0.00 2250.00 2000.00 0.00 0.00 4250.00 4250.00

6. Lakshadweep 0.00 0.00 0.00 0.00 0.00 0.00 11.76

7 Pondicherry 600.00 1250.00 0.00 0.00 0.00 1850.00 420.59

Total (C) 1000.00 5000.00 2000.00 0.00 0.00 8000.00 6891.19

Grand Total (A+B+C) 14274.27 59574.00 70820.78 89500.00 93300.00 327469.05 25005.45

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



RAJYA SABHA

UNSTARRED QUESTION NO. †2661

TO BE ANSWERED ON FRIDAY, THE 20TH MARCH, 2015

Disposal of pending cases in the High Court of Rajasthan †2661. SHRI NARAYAN LAL PANCHARIYA: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the number of cases pending in the High Court of Rajasthan; and (b) whether the pending cases are proposed to be disposed of through Lok Adalats, and if

so, the details thereof? ANSWER

MINISTER OF LAW & JUSTICE (SHRI D. V. SADANANDA GOWDA)

(a) and (b) : The data on pendency of cases is maintained by High Courts. As per the information

furnished by Rajasthan High Court, 2,29,996 cases were pending in Rajasthan High Court as on

31.01.2015. Only cases which can be disposed of through Lok Adalats are referred to Lok

Adalats.

The details of cases disposed of in previous Lok Adalats are as under:-

Sr. No.

Date of Lok Adalat & Mega Lok Adalat Number of Cases Disposed

At RHC, Jodhpur At RHSB, Jaipur

1. Mega Lok Adalat 07.04.2014 to 12.04.2014 627 157

2. Lok Adalat as on 14.02.2015 8 4

3 Lok Adalat as on 14.03.2015 Nil 11

Total 635 172

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



RAJYA SABHA



Pending court cases and judicial database 2656. SHRI RAJEEV SHUKLA: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the number of cases pending in Supreme Court, High Courts and Subordinate

Courts, separately; (b) the steps being taken by Government to reduce the pendency and expedite

justice to people; and (c) whether Government proposes to set up a judicial database of pending cases at

various courts, specific laws which deal with the subject matter, legal nature of disputes, interim relief in operation and number of adjournments, etc. and make it public to make the judiciary accountable and to ensure speedy justice?

ANSWER


(a) to (c) : The data on pendency of cases is maintained by Supreme Court and High

Courts. As per the information available, 61,300 cases were pending in Supreme Court of

India as on 28.02.2015. As per information furnished by High Courts, 41.53 lakhs cases

were pending in High Courts and 2.64 crore cases were pending in District and

Subordinate Courts as on 31.12.2014.

The Government has adopted a co-ordinated 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 initiating policy and legislative measures in the areas prone to

excessive litigation.

The National eCourts portal has been made operational. The portal provides online

services to litigants such as details of case registration, cause list, case status, daily order and

final judgment for all the courts computerised under eCourts project.

***********

GOVERNMENT OF INDIA

MINISTRY OF LAW & JUSTICE


RAJYA SABHA

UNSTARRED QUESTION NO.583

TO BE ANSWERED ON FRIDAY, THE 27.02.2015

Appointment of Judges in Supreme Court and High Courts

583. SHRI H.K. DUA:


(a) whether Government has stopped further appointment of Judges to fill up the vacancies in

the Supreme Court and the High Courts;

(b) whether Government has decided not to appoint National Judicial Appointments

Commission for the time being, if so, the reasons therefor; and

(c) the number of vacancies in the Supreme Court and the High Courts at present?

ANSWER

MINISTER OF LAW AND JUSTICE

(SHRI D.V. SADANANDA GOWDA)

(a) & (b) : After assent by the President, the Constitution (Ninety Ninth Amendment) Act, 2014

and the accompanying National Judicial Appointments Commission Act, 2014 have been

published in the Gazette of India on 31.12.2014. They shall come into force on such date as the

Central Government may by notification in the official Gazette, appoint. The process of setting

up the National Judicial Appointments Commission has been initiated. Till such time the Acts

are brought into force, the existing system of appointment of Judges of Supreme Court and High

Courts is being continued.

(c) : A Statement showing the number of vacancies of Judges in the Supreme Court and the

High Courts as on 20.02.2015 is annexed.

*****

Annexure referred to in reply to part (c) of Rajya Sabha Unstarred

Question No.583 for answer on 27.02.2015

Sl.

No. Name of the Court

Number of

vacancies

as on

20.02.2015

A. Supreme Court of India 03

B. High Court

1 Allahabad 76

2 Telangana & Andhra Pradesh 20

3 Bombay 09

4 Calcutta 21

5 Chhattisgarh 08

6 Delhi 19

7 Gauhati 07

8 Gujarat 12

9 Himachal Pradesh 06

10 Jammu & Kashmir 07

11 Jharkhand 11

12 Karnataka 27

13 Kerala 07

14 Madhya Pradesh 19

15 Madras 18

16 Manipur 01

17 Meghalaya 0

18 Orissa 08

19 Patna 11

20 Punjab& Haryana 30

21 Rajasthan 20

22 Sikkim 01

23 Tripura 0

24 Uttarakhand 05

Total 343

GOVERNMENT OF INDIA



RAJYA SABHA



Women judges

584. SHRI ANUBHAV MOHANTY:


(a) whether Government has implemented the 33 per cent reservation policy for appointment

of women judges in the courts;

(b) the present strength of women judges in the Supreme Court and the High Courts; and

(c) the strength of women judges in Odisha?

ANSWER



(a) : Appointment of Judges of the Supreme Court and High Courts 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. Therefore, no caste or class-wise data of Judges is

maintained. 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 belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes,

Minorities and from amongst women.

(b) & (c): A Statement showing the number of women Judges working in Supreme Court and

the High Courts, including Orissa High Court, as on 20.02.2015 is annexed.

*****

Annexure referred to in reply to parts (b) & (c) of Rajya Sabha Unstarred


Sl.


Number of

women Judges

working

as on

20.02.2015


B. High Court

1 Allahabad 05


3 Bombay 10

4 Calcutta 05

5 Chhattisgarh --

6 Delhi 09

7 Gauhati 02

8 Gujarat 03

9 Himachal Pradesh --

10 Jammu & Kashmir --

11 Jharkhand --

12 Karnataka 03

13 Kerala 01


15 Madras 06

16 Manipur --

17 Meghalaya --

18 Orissa 01

19 Patna 02


21 Rajasthan 04

22 Sikkim --

23 Tripura --

24 Uttarakhand --

Total 63

GOVERNMENT OF INDIA



RAJYA SABHA



Constitution of NJAC

587. SHRIMATI VANDANA CHAVAN:


(a) whether Government has consituted the National Judicial Appointments Commission

(NJAC);

(b) if not, the reasons for the delay in its constitution;

(c) whether any steps have been taken for appointment of two eminent persons in NJAC;

and

(d) whether the judicial appointments would continue through collegium system until NJAC

becomes operational?

ANSWER



(a) to (d) : After assent by the President, the Constitution (Ninety Ninth Amendment) Act, 2014

and the accompanying National Judicial Appointments Commission Act, 2014 have been

published in the Gazette of India on 31.12.2014. They shall come into force on such date as the

Central Government may by notification in the official Gazette, appoint. The process of setting

up the National Judicial Appointments Commission (NJAC) including fixing of criteria for

nomination of two eminent persons in NJAC has been initiated. Till such time Acts are brought

into force, the existing system of appointment of Judges of Supreme Court and High Courts is

being continued.

*****

GOVERNMENT OF INDIA



RAJYA SABHA



Increasing the strength of judges in Supreme Court

1865. SHRI PARIMAL NATHWANI:


(a) whether, in view of pendency of cases before the Supreme Court, Government is of the

opinion that the strength of judges requires to be increased;

(b) whether Government, at present, is considering to increase the strength of judges from 25 to

30;

(c) whether Government is considering to increase the age limit for the Supreme Court Judges

from 65 years to 67 years; and

(d) whether it is a fact that the Supreme Court feels shortage of space, which has resulted into

less number of courts, if so, the action plan of Government in this regard?

ANSWER



(a) to (c) : The strength of the Judges of the Supreme Court was increased from 25 to 30

(excluding the Chief Justice of India) in the year 2009 to address the increasing workload of cases

in the Supreme Court. There is no proposal for increasing the retirement age of Supreme Court

Judges.

(d) : The Government has approved a proposal for construction of additional office complex for

the Supreme Court of India for the purpose of storage of records, office complex, auditorium,

litigants hall and parking, etc. at an estimated cost of Rs.884.30 crores.

*****

GOVERNMENT OF INDIA



RAJYA SABHA



Female judges

2659. SHRI RAJEEV SHUKLA:


(a) whether Government has any data on the number of female judges in the Indian judiciary,

both in higher judiciary and subordinate courts;

(b) if so, the number of female judges in the subordinate courts, State-wise; and

(c) whether in view of the increase in gender related crimes, Government has any proposal to

increase the number of female judges in judiciary; if so, the details thereof?

ANSWER



(a) to (c): Appointment of Judges of the Supreme Court and High Courts 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. Therefore, no caste or class-wise data of Judges is

maintained. 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 belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes,

Minorities and from amongst women.

A Statement showing the number of women Judges working in Supreme Court and the

High Courts as on 01.03.2015 is annexed.

The appointment of judges in the District/ Subordinate Courts is within the purview of

the State Governments and High Courts. The Central Government does not maintain data

regarding female Judges in the subordinate courts.

*****

Annexure referred to in reply to parts (a) to (c) of Rajya Sabha Unstarred


Sl.


Number of women

Judges working

as on 01.03.2015


B. High Court

1 Allahabad 05


3 Bombay 10

4 Calcutta 05

5 Chhattisgarh --

6 Delhi 09

7 Gauhati 02

8 Gujarat 03

9 Himachal Pradesh --

10 Jammu & Kashmir --

11 Jharkhand --

12 Karnataka 03

13 Kerala 01


15 Madras 06

16 Manipur --

17 Meghalaya --

18 Orissa 01

19 Patna 02


21 Rajasthan 04

22 Sikkim --

23 Tripura --

24 Uttarakhand --

Total 63

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)

RAJYA SABHA UNSTARRED QUESTION NO. 585

TO BE ANSWERED ON FRIDAY, THE 271h February, 2015

Fast Track Courts

585. SHRIMATI SASIKALA PUSHPA:


(a) whether it is a fact that there is huge backlog of cases pending

in various courts of the country if so, the details thereof ;

(b) whether Government is considering setting up of Fast Track

Courts for disposing of the cases expeditiously, if so, the details

thereof and if not, the reasons therefor; and

(c) the action taken by Government to reduce the backlog of cases?

ANSWER MINISTER OF LAW & JUSTICE (SHRI D. V. Sadananda Gowda)

(a): As per the information received from High Courts, 31.16 lakh civil

cases and 10.37 lakh criminal cases were pending as on 31.12.2014 in

various High Courts. In District and Subordinate Courts, 82.34 lakh

civil cases and 182.53 lakh criminal cases were pending as on

31.12.2014.

(b): Setting up of courts including Fast Track Courts (FTCs) Is the

responsibility of the State Governments. In the Conference of Chief

Ministers and Chief Justices held in New Delhi on 7th April, 2013, it has

been resolved that the State Governments shall, in consultation with

the Chief Justices of the respective High Courts, take necessary steps

to establish suitable number of FTCs relating to offences against

women, children, differently abled persons, senior citizens and

marginalized sections of the society, and provide adequate funds for

the purpose of creating and continuing them. Government has

requested the State Governments and the Chief Justices of the High

Courts to implement this decision.

(c): The Government has taken major initiatives for pendency

reduction. The number of District and Subordinate Courts has

increased from 16,949 in 2010 to 19,518 in 2013. The Central

Government has provided finaricial assistance to the tune of Rs.3,132

crores to State Governments and Union Territories for

upgradation/construction of court complexes and residential units for

judicial officers in the last four years. Under the eCourts Project

13,323 courts have been computerized by 31°1 January, 2015.

Computerization of courts would enable the courts to exercise greater

control over management of cases in the docket. It will also provide

designated services to the litigants and the lawyers. In order to

reduce government litigation in courts the Central Government has

encouraged the States to notify their litigation policies which contain

provisions for weeding out infructuous cases and promote dispute

resolution through alternative mechanisms. The Government has also

identified the areas prone to excessive litigation for adopting suitable

policy and legislative measures to curb such litigation.




Fast Track Courts

2629. SHRI DEVENDER GOUD T :

Will the Minister of LAW AND JUSTICE be pleased to state: .. (a) the number of Fast Track Courts (FTCs) set up in year 2000,

. State-wise;

(b) whether it is a fact that at the behest of Supreme Court FTCs

were extended up to 2011;

(c) if so, whether FTCs have become defunct now, if so, the reasons

therefor;

(d) whether 1800 FTCs are proposed to be set up for five years, if

so, the details thereof, State-wise; and

(e) the jurisdiction of the proposed FTCs?

ANSWER MINISTER OF LAW & JUSTICE (SHIU D. V. Sadananda Gowda)

(a) to (c) : A statement indicating the number of Fast Track Courts

earmarked by 11th Finance Commission in the year 2000, functioning

as on 31/03/2005, 31/03/2011 and as per the latest available reports is

enclosed at Annexure-1.

The 11th finance Commission had recommended a scheme for

creation of 1734 fTCs in the country for disposal of long pending

cases. The scheme was for a period of five years upto 2004-05. The

Supreme Court of India, in the order dated 31.03.2005 In the case of

Brij Mohan Lal Vs UOI & Ors inter alia observed that "maintenance of

fast Track Courts has to be looked after by the States", and that "if

financial resources are provided to continue these FTCs for a few

J

. --·

I

.vears more, it will go a !Ong way in clearing the arrears of pending

cases". The Hon'ble Court further observed that "We cannot allow the

Scheme to be disbanded suddenly. We, therefore, direct Union of India

to continue the said Scheme for a period of one month pending

disposal of Writ Petition (C) No. 140 of 2005 & other cases."

The Government accorded its approval for the continuation of

central funding of 1562 Fast Track Courts that were operational as on

31.3.2005 for a further period of 5 years i.e. up to 31'1 March, 2010.

The scheme was continued for another one year upto 31"1 March, 2011,

and central funding for these FTCs has been discontinued with effect

from 1 •1 April, 2011. , .. ·· •. ' In its judgment in BriJ Mohan Lal & Others vs Union of India &

Others on 19.04.2012, Supreme Court has endorsed the position of

Government of India that continuation of FTCs is within the domain of

the States and has directed .the States that they need f:o decide

either to bring the Fast Track Courts scheme to an end or to continue

the same as a permanent feature in the State. A number of states

have continued FTCs beyond 31.03.2011 with their own resources.

(d): Government had requested the Chief Justices of all the High ''

Courts to constitute FTCs for speedy trial of the pending rape cases in

district/subordinate courts having a high pendency and to speed up the

disposal of cases pending In appeal in the High Courts. Government

had also requested the Chief Ministers to provide the requisite

financial support to the High Courts for setting up of FTCs. They have

been further requested to make use of the 10% additional positions of

Judges (about 1800) being created at the district/subordinate level in

pursuance of the directions of the Supreme Court in Brij Mohan Lal

case.

The 141h 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 pendiny

for more than five years at a cost of Rs.4144 crore. The 14'h Finance

Commission has urged State Governments to use additional fiscal

space provided by the Commission in the tax: devolution to meet such

requirements.

(e): Jurisdiction of FTCs is decided by the respective High Court •

...

Annexure-I

STATEMENT REFERRED TO IN REPLY TO THE RAJYA SABHA UNSTARRED QUESTION NO. 2629

TO BE ANSWERED ON 20TH MARCH, 2015

STATEMENT OF NUMBER OF FAST TRACK COURTS APPROVED FOR I !TH FINANCE COMMISSION FUNDING IN 2000 AND FUNCTIONAL AS ON 31/3/2005, 31/3/2011 AND ON THE DATE MENTIONED

SI. Name of the State Approved no. of No. ofFTCs No. ofFTCs No. ofFTCs As on No. FTCs as in 2000 functional as functional as functioning

on 31/3/2005 on 31/3/2011 I Andln·a Pradesh 86 86 108 72 April, 14

2 Arnnachal Pradesh 5 3 3 0 March, 14

3 Assam 20 ; .20 20 20 Oct.12

4 Bihar 183 150 179 179 March.11

5 Chhattisgarh 31 31 25 21 April,14

6 Goa 5 5 5 5 July, 14

7 Gujarat 166 166 61 61 Feb.,11

8 Haryana 36 16 6 6 Dec.10

9 Himachal Pradesh 9 9 9 0 June, 14

10 Jammu & Kaslnnir 12 - - 5 June, 14

11 Jharkhand 89 89 39 11 March, 14

12 Karnataka 93 93 87 39 March, 14

13 Kerala 37 31 38 38 Aug., 13

14 Madhya Pradesh 85 66 84 84 Dec.10

15 Maharashtra 187 187 51 92 June, 14

16 Manipur 3 2 2 2 Oct.12

17 Meghalaya 3 3 3 3 June, 14

18 Mizoram 3 3 3 3 March 11

19 Nagaland 3 2 2 2 Oct. 12

20 Odis ha 72 41 35 30 June, 14

21 Punjab 29 18 15 20 March, 14

22 Rajasthan 83 83 83 0 March.14

23 Sikkim 3 - 1 March, 14

24 Tamil Nadu 49 49 49 32 June, 14

25 Tripura 3 3 3 2 June, 14

26 Uttar Pradesh 242 242 153 80 Feb, 15

27 Uttarakhand 45 45 20 0 July, 14

28 West Bengal 152 119 109 77 Aug., 14

29 Delhi - - - 10 March, 14

Total 1734 1562 1192 895

2668.

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE

(DEPARTMENT OF JUSTICE)

RAJYASABHA

UNSTARRED QUESTION No. 2668 TO BE ANSWERED ON FRIDAY, THE 2om MARCH, 2015

Computerization of courts in Andhra Pradesh

SHRI C.M. RAMESH:

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

a) whether Government had undertaken the process of . computerization of 14,249 district and . subordinate courts

across the country under e-Courts Mission Mode Project;

b) if so, the details of the District courts and Subordinate courts

selected under this project in the State of Andhra Pradesh; and

c) if no District and Subordinate courts in Andhra Pradesh are

selected under e-Courts Mission Mode Project, the reasons

therefor?

ANSWER

MINISTER OF LAW & JUSTICE

(Shri D. V. Sadananda Gowda)

(a) to (c): Yes, Sir. Under the eCourts Integrated Mission Mode

Project, the Government had approved computerization of 14,249 District and Subordinate Courts in the country and up gradation of Information & Communication Technology (ICT) infrastructure of the

Supreme Court and High Courts by 31"1 March, 2015 at a cost of Rs.

935 Crore. As on 28'h February, 2015, sites for 14249 districts and

subordinate courts have been made ready for computerisation, out

of which LAN has been installed at 13606 courts, hardware at 13436 courts and software at 13672 courts.

889 District and Subordinate Courts of Andhra Pradesh have

been covered under the eCourts Mission Mode Project.

GOVERNMENT OF INDIA MINISTRY OF LAW & .JUSTICE (DEPARTMENT OF .JUSTICE)

RA.JYA SABHA UNSTARRED QUESTION NO. 204

TO BE ANSWERED;ON FRIDAY, THE 241h April, 2015

Disposal of law suits involving senior citizens

204. SHIU AAYANUR. MAN.JUNATHA:

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

(a) the total number of law suits relating to senior citizens pending

in various lower and higher courts in the country during each of the

last three years and the current year;

(b) the steps taken by Government to expedite such cases;

(c) whether then~ is any provision which gives priority to the disposal

of law suits involving senior citizens in the lower and higher courts;

and

(d) if so, the details thereof and if not, the steps being taken by

Government to bring such a provision in the near future?

ANSWER . MINISTER. OF LAW & .JUSTICE

(SHIU D. V. Sadananda Gowda)

(a) to (d): Record of law suits involving Senior Citizens Is not

maintained • In the Conference of Chief Ministers and Chief .Justices

held in New Delhi on 7th April, 2013, it has been resolved that the

State Governments shall, In consultation with the Chief .Justices of

the respective High Courts, take necessary steps to establish

suitable number of Fast Track Courts (FTCs) relating to offences

against women, children, differently abled persons, senior citizens

and marginalized sections of the society, and provide adequate funds

for the purpose of creating and continuing them. Government has

requested the State Governments and the Chief .Justices of the High

Courts to implement this decision.

The 14th Finance Commission has endorsed the proposal to •.. strengthen the Judicial system In States which Includes, inter-alia,


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

f.o~.rn0re than five years at a cost of Rs.4144 crore. The 14th Finance


space provided by the Commission in the tax devolution t 0 meet such

requirements •

. ::.

. '.' ,.-- • ( J' • • f



TO BE ANSWERED ON FRIDAY, THE 24th APRIL, 2015

SETTING UP OF FAST TRACK COURTS

203. SHRI DEVENDER GOUD T:


'·' (a) whether the Ministry has sent a proposal to 14th Finance

Commission for a grant of~ 4150 crore for setting up of Fast Track Courts (FTCs) In the country, if so, the details of the proposal;

(b) whether the commission which was to submit its Report in October, 2014, has submitted the same; and

(c) if so, the recommendations made by the Commission with regard to FTCs?

ANSWER MINISTER OF LAW & JUSTICE (SHRI D.V. SADANANDA GOWDA)

(a): A proposal for establishing 1800 Fast Track Courts (FTCs) for a

period of 5 years at a cost of ~4144 crore was made to the 14th Finance

Commission, for cases of heinous crimes; cases involving senior citizens,

women, children, disabled and litigants affected with HIV AIDS and other

terminal aliments; and civil disputes involving land acquisition and

property/rent disputes pending for more than five years.

(b) & (c) The Commission, in Its report, has endorsed the proposal and

urged State Governments to use additional fiscal space provided by the

Commission in the tax devolution to meet such requirements.

r::-~.-.7,

GOVERNMENT OF INDIA MINISTRY OF LAW & .JUSTICE (DEPARTMENT OF .JUSTICE)

RA.JYA SABHA UNSTARRED QUESTION NO. 1486

TO BE ANSWERED ON FRIDAY, THE 3TH MAY, 2015

Disposal of cases by Fast Track Courts

1486. SHRI ANIL DESAI:

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

(a) whether Fast Track Courts are operating in various States to

deal With offence against women, children, differently-abled

persons, senior citizens and marginalized sections of the society;

and;

(b) if so, the State-wise details of disposal of cases during the last

three years along with allocation of funds for the purpose?

ANSWER MINISTER OF LAW & .JUSTICE (SHRI D. V. Sadananda Gowda)

(a) & (b) : Setting up of courts including Fast Track Courts (FTCs) is

the responsibility of the State Governments. In the Conference of

Chief Ministers and Chief .Justices held in New Delhi on 7th April, 2013,

it has been resolved that the State Governments shall, in consultation

with the Chief .Justices of the respective High Courts, take necessary

steps to establish suitable number of FTCs relating to offences

against women, children, differently abled persons, senior citizens

and marginali:i::ed sections of the society, and provide adequate funds

for the purpose of creating and continuing them. Government has

requested the State Governments and .the Chief .Justices of the High

Courts to Implement this decision. A statement indicating the number

of Fast Track Courts operating in various States as on the date

· mentioned is enclosed as Annexure-1.

State-wise details of disposal of cases during the last three

years is not maintained. However, a statement indicating the number

of cases transferred to F'TCs, disposed of and pending is enclosed as

Annexure-11.

The 14th Finance Commission has endorsed the proposal to

strengthen the judicial system in States which Includes, inter-alia,


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


space provided by the Commission in the tax devolution to meet such

requirements.

Annexure-1

STATEMENT REFERRED TO IN REPLY TO PART (al & lb) OF THE RAJYA SABHA UNSTARRED

QUESTION NO. 1486 TO BE ANSWERED ON 81" MAY, 2015

STATEMENT OF NUMBER OF FAST TRACK COURTS AS ON THE DATE MENTIONED

SI. Name of the State No. ofFTCs functioning As on No. I Andhra Pradesh 72 April, 14

2 Arunachal Pradesh 0 March, 14

3 Assam 20 Oct.12

4 Bihar ... 179 March.11

5 Chhattisgarh . 21 Aprll,14

6 Goa 5 July, 14

7 Gujarat 61 Feb.,11

8 Haryana 6 Dec.to

9 Himachal Pradesh 0 June,14

10 Jammu & Kashmir 5 June, 14

11 Jharkhand 11 March, 14

12 Karnataka 39 March, 14

13 Kerala 38 Aug., 13

14 Madhya Pradesh 84 Dec.to

15 Maharashtra 92 June, 14

16 Manipur 2 Oct.12

17 Meghalaya 3 June, 14

18 Mizoram 3 March 11

19 Nagaland 2 Oct. 12

20 Odisha 30 June, 14

21 Punjab 20 March, 14

22 Rajasthan 0 March.14

23 Sikkim 1 March, 14

24 Tamil Nadu 32 June,14

25 Tripura 2 June, 14

26 Uttar Pradesh 80 Feb. 15

27 Uttarakhand 0 July, 14

28 West Bengal 77 Aug., 14

29 Delhi to March, 14

Total 895

Annexure-II

STATEMENT REFERRED TO IN REPLY TO PART !al & (b) OF THE RAJYA SABHA UNSTARRED

QUESTION NO. 1486 TO BE ANSWERED ON gTH MAY. 2015

STATEMENT REGARDING NUMBER OF CASES TRANSFERRED TO FAST TRACK

COURTS (FTCs), DISPOSED BY FTCs AND PENDING IN FTCs

SI. Name of the state Number of No. of cases No. of cases As on No cases disposed pending in

transferred to off since FT Cs FTCs since inception by inception .· FT Cs

I 2 3 ... 4 5 6 I Andhra Pradesh 265545 248457 17088 April, 14 2 Anmachal Pradesh 4162 1660 2502 March, 11 3 Assam 84098 72240 11858 Oct.12 4 Bihar 239278 159105 80173 Mai·ch.11 5 Chhattis11:arh 94670 76575 18095 March.II 6 Goa 10185 8590 1595 Feb., 14 7 Guiarat 537636 434296 103340 Feb.,! I 8 Harvana 38359 33590 4769 Dec.JO 9 Himachal Pradesh 54651 47480 7171 Dec.12 10 Jammu & Kashmir NA NA NA 11 Jharkhand 110027 87789 22238 March II 12 Karnataka 218402 184067 34335 Am!.10 13 Kerala 135839 116843 18996 Au11:., 13 14 Madhva Pradesh 360602 317363 43239 Dec.10 15 Maharashtra 423518 381619 41899 Feb.I I 16 Manipur 3512 3287 225 Oct.12 17 Meghalava 1288 973 315 Oct.12 18 Mizoram 1868 1635 233 March 11 19 Nagaland 845 786 59 Oct. 12 20 Odisha 73093 67700 5393 March.12 21 Pm1iab 58570 46347 12223 Dec.IO 22 Raiasthan 149447 123024 26423 March.I I 23 Sikkim NA NA NA 24 Tamil Nadu 411957 371336 40621 Au11:., 10 25 Tripura 5812 5591 221 March 11 26 Uttar Pradesh 0 0 0 March II 27 Uttarakhand 112726. 103208 9518 June.12 28 West Bengal 196240 166711 29529 Aug., 14 29 Delhi NA NA NA

Total 3592330 3060272 532058 NA- Not available



TO BE ANSWERED ON FRIDAY, THE 9TH MAY, 2015.

. Setting up of Family Courts

1487. SHRI ANIL DESAI: Will the Minister of LAW AND JUS.TICE be pleased to state: (a) whether Government is mulling over to set up Family Courts in the

next five years in districts with a population of one million or more;

and

(b) if so, the number of Family Courts Government proposes to set up

in Maharashtra, Andhra Pradesh and other States?


(a) & (b): As per the Family Courts Act, 1984, Family Courts are established by the State Governments in consultation with the respective High Court as per their need.

Government sent a proposal to the 14'" Finance Commission for funding setting up of Family Courts so as to provide for at least one Family Court in each district in the country. The Number of Family Courts required to be established in a State was arrived at so as to provide for, on an average, at least one Family Court in each district in that State or the number of districts without family Courts reported by the respective High Court, whichever was higher. Thus it was proposed to provide funds for setting up of 235 Family Courts in various states in the country as indicated in the statement at Annexure-1. The Finance Commission endorsed the proposal to strengthen the judicial system in States which includes, inter·alia, establishing 235 family Courts at a cost of R.s.541.06 crore for the period of 5 years. The State Governments are urged to use the additional fiscal space provide by the Commission in the tax devolution to meet such requirement

ANNEXURE-1

STATEMENT REFERRED TO IN REPLY TO PARTS (a) & (b) OF THE RAJYA SABHA UNSTARRED

QUESTION N0.1487 TO BE ANSWERED ON BTH MAY 2015

NUMBER OF FAMILY COURTS TO BE ESTABLISHED

S.No. Name of the State/UT Number of Family Courts to be

established

1 Andhra Pradesh 0

2 ArunachalPradesh 0 3 Assam 24 4 Blhar 5 5 Chhattisgarh 8 6 Chandigarh 0 7 Delhi 0 8 Goa 0 9 Gujarat 16 10 Haryana 15 11 Himachal Pradesh 0 12 Jammu & Kashmir 0 13 Jharkhand 3 14 Karnataka 13 15 Kera la 0 16 Lakshadweep 0 17 Madhya Pradesh 20

18 Maharashtra 22

19 Manipur 5 20 Mizoram 4 21 Meghalaya 0 22 Nagaland 9 23 Odisha 14 24 Punjab 22

25 Puducherry 0 26 Rajasthan 5 27 Sikkim 2 28 Tamil Nadu 18

29 Telangana 0 30 Tripura 5 31 Uttar Pradesh 0 32 Uttarakhand 8 33 West Bengal 17

34 Dadra & Nagar Haveli, Daman & Diu 0 35 Daman & Diu 0

36 Andaman & Nicobar Islands 0 Total 235

--·---"-='°' GOVERNMENT OF INDIA

MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)



Disposal of cases by Family Courts

1488. SHIU T.K. RANGARAJAN:

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

(a) the number of Family Courts in the country, State-wise;

(b) the number of cases pending in these Courts, since last five

years, State-wise; and

(c) the number of cases disposed of in these Courts during the last

three years, State-wise?


(a) to (c): As per the reports received, a State-wise statement

indicating the number of Family Courts functioning in the country is

enclosed as Annexure·I. A statement indicating the number of

cases pending in these Courts and the number of cases disposed of

in these courts during the last three years ·1s at Annexure·ll.

ANNEXURE·I

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to {c) OF THE RAJYA SABHA UNSTARRED QUESTION N0.1488 TO BE ANSWERED ON gTH MAY 2015

NUMBER OF FAMILY COURTS FUNCTIONAL

S.No. Name of the State Number of Family Courts functional in

the State

1 Andhra Pradesh + Telangana 27 2 Arunachal Pradesh -3 Assam 02 4 Bihar 32 5 Chhattisgarh 17 6 Delhi 14 7 Goa .

8 Gujarat ... 18 9 Haryana 06 10 Himachal Pradesh -11 Jammu & Kashmir -12 Jharkhand 20 13 Karnataka 24 14 Kera la 28 15 Madhya Pradesh 38 16 Maharashtra 22 17 Manlpur 04 18 Mizoram 04 19 Meghalaya -

20 Nagaland 02 21 Odisha 17 22 Punjab -23 Pu du cherry 01 24 Rajasthan 28 25 Sikkim 04 26 Tamil Nadu 14 27 Tripura 03 28 Uttar Pradesh 75 29 Uttarakhand 08 30 West Bengal 02 31 Andaman & Nicobar Islands -

32 Chandigarh -33 Dadra & Nagar Havell -

34 Daman & Diu -35 Lakshadweep -

Total 410

S.No.

1

2 3

4 5

6

7

8 9 10

11

12

13

14

15 16

17

18

19

20 21

J

Annexure-11

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (cl OF THE RAJYA SABHA UNSTARRED QUESTION N0.1488 TO BE ANSWERED ON 8TH MAY 2015

Number of cases disposed of/pending In Family Courts

State Cases disposed of Cases Pending

du ring the Year 2012 2.013 2014

Andhra Pradesh 9996 10209 12267 18838 (as on end of 2014) +Telangana

Assam 6804 8535 10977 18044 (as on 31.12.2014 Chhattisgarh 8015 8448 8496 Not indicated Delhi 10446 12000 20923 27687 (ass on 01.01.2015)

Gujarat 11735 12953 15910 28384(as on 31.01.2015)

Haryana 8233 9130 9151 12059 (as on 31.01.2015)

Jharkhand 4747 6249 8241 14914 ( as on January 2015)

Karnataka 12541 15480 16690 23285 (as on 01.02.2015)

Kera la 40499 54215 47525 52541 (as on 31.12.2014)

Maharashtra 22469 23022 22812 31075 (as on 31.01.2015)

Manipur 614 727 815 701 (as on31.01.2015)

Mizoram 98 157 119 133 (as on 31.12.2014)

Madhya Pradesh 11782 13196 21569 26363 (as on 26.2.2015

Nagaland 13 15 12 19 (as on 31.12.2014)

Odisha 3816 5692 8926 22992 (as on 31.12.2014)

Rajasthan 12874 21218 35183 54996 (as on 31.12.2014)

Sikkim 194 300 245 106 (as on 31.01.2015)

Tripura 1376 1709 1722 1673 (as on 03.03.2015)

Uttarakhand 4990 6332 5879 7412(as on 5.5.2015)

Uttar Pradesh 34974 34758 114159 268776 (as on 31.12.2014)

West Bengal 547 387 313 1024 (as on 31.12.2014

1490.


RAJYA SABHA UNSTARRED QUESTION N0.1490

TO BE ANSWERED ON FRIDAY, THE 3tH MAY, 2015

Special Courts to deal with crimes against minors

SHIU AAYANUR MANJUNATHA:


(a) whether special courts have been set up to deal with crimes

against minors even since the law on Protection of Children from

Sexual Offences (POCSO) crime into existence, if so, the details

thereof and if not, the reasons therefor;

(b) the details of pendency of cases involving crime against minors

during each of the last three years and the current year, so far, State·

wise; and

(c) the steps taken by Government to set up special courts for

speedy trial of such cases?

ANSWER MINISTER. OF LAW & JUSTICE (SHRI D. V. Sadananda Gowda)

(a) to (c): Setting-up of subordinate courts including courts for

disposal of cases relating to crimes against children is within the

purview of the State Governments and the High Courts

Legislative provisions have been made by the Government for

setting up of special courts for speedy trial of offences against

children. Section 25 of the Commissions for Protection of Child Rights

' ' '

Act, 2005 provides that for the purpose of providing speedy trial of

offences against children or of violation of child rights, the State

Government may, with the concurrence of the Chief Justice of the

High Court, by notification, specify at least a court in the State or

specify, for each district, a Court of Session to be a Children's Court to

try the said offence. Section 28(1) of the Protection of Children from

Sexual Offences Act, 2012 provides that for the purposes of providing

a speedy trial, the State Government shall in consultation with the

Chief Justice of the High Court, by notification in the Official Gazette,

designate for each district, a Court of Session to be a Special Court to

try the offences under the Act provided that if a Court of Session is

not.ified as a Children's Court under the Commissions for Protection of

Child Rights Act, 2005 or a Special Court designated for similar

purposes under any other law for the time being in force, then, such

court shall be deemed to be a Special Court under this section.

As per the reports published by National Crime Records Bureau, the cases reported and conviction rate in respect of crimes against children during the last three years are as under:

Crime against children

Year Number of cases reported Conviction rate

1 2 3

2013 58224 30.9

2012 38172 29.0 .

2011 33098 34.6

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE


RAJYA SABHA UNSTARRED QUESTION N0.1477


Use of Tamil language in court proceedings

1477. SHRI TARUN VIJAY: Will the Minister of LAW AND JUSTICE be pleased to state:

(a) why Tamil language is not used for judgements and proceedings in Madras High Court and

(b) by when it is expected that in Tamil Nadu Tamil language gets proper respect and acceptance in areas of court proceedings at higher level?

ANSWER

MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

(a) & (b): Article 348 (1) of the Constitution of India provides that all proceedings in

the Supreme Court and in every High Court shall be in English language until

Parliament by law otherwise provides. Under Article 348(2) the Governor of the

State may with the previous consent of the President, authorize the use of the Hindi

language or any other language used for any official purpose of the State, in the

proceedings of the· High Court having its principal seat in that State provided that

decrees, judgements or orders passed by such High Courts shall be in English.

Based on proposals received from State Governments including the

Government of Tamil Nadu regarding use of Hindi/regional languages in the

proceedings of certain High Courts, Government had taken up the matter with the

Supreme Court of India. The Supreme Court had not accepted the proposals. The

Government has abided by the decision.

The Chief Justice of India (CJI) was requested again on 04.07.2014 to

reconsider the earlier decisions in this regard and convey the consent of the

Supreme Court of India to provide for greater flexibility for the use of Hindi and

regional languages in High Courts. The Supreme Court has informed that the matter

is to be placed before the Full Court of the Supreme Court of India again and steps

are being taken for placing it before the Full Court.



RAJYA SABHA


TO BE ANSWERED ON FRIDAY, THE 24TH APRIL, 2015

Setting up of more Rural Courts 206. SHRI PARIMAL NATHWANI: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the number of Rural Courts set up across the country during each of the

last three years and the current year, State-wise, including Jharkhand and Gujarat;

(b) whether Government proposes to set up more such courts; (c) if so, the details thereof, location-wise; and (d) the steps taken by Government in this regard?

ANSWER


(a) to (d) : In terms of Section 3 (1) of the Gram Nyayalayas Act, 2008, it is for the

State Governments to establish Gram Nyayalayas in consultation with the respective

High Courts. As per information available, 194 Gram Nyayalayas have been notified

by 10 States which do not include Gujarat. Year-wise and State-wise details of Gram

Nyayalayas notified during last three years are given below. No notification has

been received this year.

Sl. No. Name of State 2012 2013 2014

1 Maharashtra 1 1 7

2 Jharkhand 6 - -

3 Odisha 6 2 -

4 Goa 2 - -

5 Punjab - 2 -

6 Haryana - 2 -

7 Uttar Pradesh - - 12

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 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 their local problems. The focus is

on setting up Gram Nyayalayas in the Talukas where regular courts have not been

set up.

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



RAJYA SABHA


TO BE ANSWERED ON FRIDAY, THE 24TH APRIL, 2015

Pending court cases †210. SHRI HARIVANSH: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the total number of pending cases in Supreme Court of India and which is

the oldest case and how old; (b) the total number of pending cases in all the High Courts of the country and

the period of pendency of such cases; (c) the total number of pending cases in the lower courts of the country and

the period of pendency of such cases; and (d) the total number of pending cases in all the courts and by when these

backlog of cases will be disposed of under the promise of delivering fast track justice?

ANSWER


(a) to (d) : The data on pendency of cases is maintained by Supreme Court and High

Courts. As per the information furnished by Supreme Court, 61,081 cases were

pending in Supreme Court as on 01.04.2015 and the oldest pending matter is C.A.

No. 863 / 1971. As per information furnished by High Courts, 41.53 lakh cases were

pending in High Courts as on 31.12.2014, out of them 8.14 lakh cases were 0-1 year

old, 15.97 lakh cases were 1-5 years old, 9.65 lakh cases were 5-10 years old, and

7.77 lakh cases were more than 10 years old. In District and Subordinate Courts,

2.64 crore cases were pending as on 31.12.2014, out of them 83.30 lakh cases were

0-1 year old, 117.77 lakh cases were 1-5 years old, 43.42 lakh cases were 5-10

years old, and 20.39 lakh cases were more than 10 years old.

Disposal of pending cases in courts is within the domain of judiciary. The

Government has adopted a co-ordinated approach to assist judiciary for phased

liquidation of arrears and pendency in judicial systems, which, inter-alia, involves

better infrastructure for courts including computerisation, increase in strength of

judicial officers / judges, policy and legislative measures in the areas prone to

excessive litigation and emphasis on human resource development.

***********



RAJYA SABHA


TO BE ANSWERED ON FRIDAY, THE 27TH FEBRUARY, 2015

Speedy Delivery of Justice

582. SHRI RAM KUMAR KASHYAP Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether more than two crore cases are pending in subordinate courts due

to poor judge-population ratio, prolonged and costly litigation caused by procedures and lawyers' interests, poor infrastructure, shortage of judicial personnel and weak alternative dispute resolution mechanisms, etc;

(b) whether there is any proposal to fix time-limit for deciding a case to reduce pendency and to speed up the delivery of justice; and

(c) whether there is an acute shortage of qualified lawyers, if so, whether there is any proposal to start correspondence LLB courses to enable more number of students studying law, if not, the reasons therefor?

ANSWER


(a): There were about 2.64 crore cases pending in subordinate courts as on

31.12.2014. The Government has adopted a co-ordinated 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 initiating policy and legislative measures in the

areas prone to excessive litigation.

(b): The actual time taken for disposal of a case depends on several factors such as

category of 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. As such it is difficult to fix a specific time-frame

for disposal of various categories of cases.

(c): As per information provided by the Bar Council of India, there is no shortage of

qualified lawyers in the country and that LLB being a professional course cannot be

run as a correspondence course.

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



RAJYA SABHA


TO BE ANSWERED ON FRIDAY, THE 27TH FEBRUARY, 2015

Bringing talented lawyers in judicial services

586. SHRI MANSUKH L. MANDAVIYA:


(a) the action taken by Government to bring in talented / experienced lawyers in the judicial services as it has been witnessed that eminent lawyers are not inclined to opt for it;

(b) whether Government has approached State Government, Supreme Court and High Courts in this regard, if so, their views in this regard and if not, by when such an exercise would be carried out in the interests of judicial system of the country; and

(c) whether Government would move forward to create special judicial cadre for the purpose, if so, the details thereof?

ANSWER


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

India Judicial Service (AIJS) and the same 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 and it was decided that issue needs further deliberation and consideration.

The views of the State Governments and High Courts were sought on the proposal.

15 State Governments and 18 High Courts have furnished their views. Divergence

of opinion among the State Governments and High Courts on constitution of All India

Judicial Service still persists.

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



RAJYA SABHA



Compensation for delayed justice 1481. DR. SANJAY SINH Will the Minister of LAW AND JUSTICE be pleased to state: whether Government has any proposal to award compensation to the affected party in case of delayed justice, if so, the details thereof and if not, the reaction of Government thereto?

ANSWER


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.

Government has set up a National Mission for Justice Delivery and Legal

Reforms with the twin objectives of increasing access by reducing delays and

arrears in the system and enhancing accountability through structural changes and

by setting performance standards and capacities. The Mission has been pursuing a

co-ordinated approach for phased liquidation of arrears and pendency in judicial

administration, which, inter-alia, involves better infrastructure for courts including

computerisation, increase in strength of subordinate judiciary, policy and legislative

measures in the areas prone to excessive litigation, re-engineering of court

procedure for quick disposal of cases and emphasis on human resource

development.

The Government has no proposal to award compensation to the affected party

in case of delayed justice.

***********



RAJYA SABHA



Average time taken by courts to deliver judgements †1482. DR. SANJAY SINH: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the average time taken to deliver judgement by lower Courts, High Courts,

and Supreme Court in the country; (b) the average number of criminal and civil cases being heard per day by the

Courts; (c) the average number of cases being heard per day in Singapore, United

States of America and United Kingdom and the average time taken by Courts to deliver justice in these countries; and

(d) whether Government is working on any plan to shorten the time taken to deliver justice and if so, the details thereof, and if not, the reasons therefor?

ANSWER


(a) to (d) : 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. The Government at present does not maintain data on average time

taken by courts to deliver judgements and average number of cases being heard per

day by various courts in the country or outside.

Further, it may not be valid to compare the time taken for disposal of cases by

courts in the country with the time taken by courts in other countries like Singapore,

United States of America and United Kingdom. The courts in various countries

operate in different environment on account of difference in availability of

infrastructure facilities, use of technology, number of judicial officers per million of

population (judge-population ratio), docket ratio (population case filing ratio),

provisions of substantive laws and procedures in courts.

Government has set up a National Mission for Justice Delivery and Legal

Reforms with the twin objectives of increasing access by reducing delays and

arrears in the system and enhancing accountability through structural changes and

by setting performance standards and capacities. The Mission has been pursuing a

co-ordinated approach for phased liquidation of arrears and pendency in judicial

administration, which, inter-alia, involves better infrastructure for courts including

computerisation, increase in strength of subordinate judiciary, policy and legislative

measures in the areas prone to excessive litigation, re-engineering of court

procedure for quick disposal of cases and emphasis on human resource

development.

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



RAJYA SABHA



Judicial system under strain

1483. SHRI RAVI PRAKASH VERMA: Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether judicial system is under strain due to pending cases; (b) if so, whether Chief Justice of India has sought help of various agencies to

address the pendency effectively, if so, the details thereof; (c) whether pendency issues require tremendous investment in developing

appropriate infrastructure for the judiciary, police and prosecuting agencies; and

(d) if so, whether Government is considering a proposal to provide required assistance to address the pendency and if so, the details thereof?

ANSWER


(a) to (d): During the Joint Conference of Chief Ministers of States and Chief Justices

of High Courts held in New Delhi on 05.04.2015, considering the pendency of cases

in various courts in the country, the Chief Justice of India inter-alia called upon the

State Governments and the High Courts to work in tandem for elimination of arrears

of cases and improvements in the justice delivery system.

Provision of adequate infrastructural facilities to judiciary, police and

prosecuting agencies in the States falls within the domain of the State Governments.

Central Government augments the resources of the State Governments through

various Schemes and Programmes to inter-alia improve justice delivery in the

States.

The major initiatives of the Central Government in this regard relate to

Infrastructure Development for Subordinate Judiciary and Computerization of Courts.

The Central Government has provided financial assistance to the tune of Rs. 3,131

crores to State Governments and Union Territories for upgradation / construction of

court complexes and residential units for judicial officers in the last four years. Under

the eCourts Project 13,672 courts have been computerised by 31st March, 2015. The

Government has also identified the areas prone to excessive litigation for adopting

suitable policy and legislative measures to curb such litigation. As a result of the

concerted efforts made by all stake-holders the increasing trend of pendency of

cases in subordinate courts has been checked.

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RAJYA SABHA



Setting up of All India Judicial Service

1864. SHRIMATI SASIKALA PUSHPA:


(a) whether Government proposes to set up an All India Judicial Service to recruit judicial officers in the lower courts of the country, if so, the details thereof;

(b) whether an Advisory Council had been set up in this regard, if so, the details thereof; and

(c) the likely time by when this Service will be set up?

ANSWER MINISTER OF LAW & JUSTICE

(SHRI D. V. SADANANDA GOWDA) (a) to (c) : A comprehensive proposal was formulated for the constitution of an All

India Judicial Service (AIJS) and the same 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. It was decided in the Conference that issue needs further deliberation and

consideration. The views of the State Governments and High Courts were sought on

the proposal. 15 State Governments and 18 High Courts have furnished their views.

Divergence of opinion among the State Governments and High Courts on

constitution of All India Judicial Service still persists.

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RAJYA SABHA



Pending court cases and judicial database 2656. SHRI RAJEEV SHUKLA:


(a) the number of cases pending in Supreme Court, High Courts and

Subordinate Courts, separately; (b) the steps being taken by Government to reduce the pendency and expedite

justice to people; and (c) whether Government proposes to set up a judicial database of pending

cases at various courts, specific laws which deal with the subject matter, legal nature of disputes, interim relief in operation and number of adjournments, etc. and make it public to make the judiciary accountable and to ensure speedy justice?

ANSWER


(a) to (c) : The data on pendency of cases is maintained by Supreme Court and High

Courts. As per the information available, 61,300 cases were pending in Supreme

Court of India as on 28.02.2015. As per information furnished by High Courts, 41.53

lakhs cases were pending in High Courts and 2.64 crore cases were pending in

District and Subordinate Courts as on 31.12.2014.

The Government has adopted a co-ordinated 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 initiating policy and legislative measures

in the areas prone to excessive litigation.

The National eCourts portal has been made operational. The portal provides

online services to litigants such as details of case registration, cause list, case status, daily

order and final judgment for all the courts computerised under eCourts project.

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RAJYA SABHA



Disposal of pending cases in the High Court of Rajasthan †2661. SHRI NARAYAN LAL PANCHARIYA:


(a) the number of cases pending in the High Court of Rajasthan; and (b) whether the pending cases are proposed to be disposed of through Lok Adalats,

and if so, the details thereof? ANSWER


(a) and (b) : The data on pendency of cases is maintained by High Courts. As per the

information furnished by Rajasthan High Court, 2,29,996 cases were pending in Rajasthan

High Court as on 31.01.2015. Only cases which can be disposed of through Lok Adalats are

referred to Lok Adalats.

The details of cases disposed of in previous Lok Adalats are as under:-

Sr. No.

Date of Lok Adalat & Mega Lok Adalat Number of Cases Disposed

At RHC, Jodhpur

At RHSB, Jaipur

1. Mega Lok Adalat 07.04.2014 to

12.04.2014

627 157

2. Lok Adalat as on 14.02.2015 8 4

3 Lok Adalat as on 14.03.2015 Nil 11

Total 635 172

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RAJYA SABHA


TO BE ANSWERED ON FRIDAY, THE 20TH MARCH, 2015.

Infrastructure development in courts 2667. DR. CHANDAN MITRA: Will the Minister of LAW AND JUSTICE be pleased to state:

(a) the total funds allocated, released and utilised for infrastructure

development of courts during the last five years, State-wise; (b) the reasons for which huge quantum of funds for developing judicial

infrastructure remained unspent during the above period; and (c) the corrective steps taken by Government to create Fast Track Courts,

Family Courts, special evening and morning courts besides creating litigant-friendly facilities in the court complexes across the country?

ANSWER


(a) to (c) : Development of infrastructure facilities for Judiciary is the primary

responsibility of the State Governments. However, in order to augment the

resources of the State Governments, a Centrally Sponsored Scheme (CSS) for

Development of Infrastructure Facilities for Judiciary is being implemented under

which central assistance is provided to the State Governments for the construction

of court buildings and residential units. On receipt of the complete proposals from

the State Governments including utilisation certificates for the funds sanctioned

earlier, necessary financial assistance is sanctioned to the State Governments in

terms of the guidelines of the scheme, subject to availability of funds.

The details of Budget Estimates, Funds Sanctioned to the State

Governments and Union Territories during the last five years and funds for which

Utilisation Certificates have become due but not yet received have been indicated

in the Statement annexed. The fund utilisation under the Scheme has been by

and large satisfactory.

Subordinate Court including Fast Track Courts, Family Courts, Special

Evening and Morning Courts etc., are set up by the State Governments in

consultation with the High Court concerned. To provide financial support to States in

this regard a comprehensive proposal was submitted by the Central Government in

consultation with States to the 14th Finance Commission to inter-alia enable them to

set up Fast Track Courts and Family Courts besides creating litigants friendly

facilities in the existing court complexes across the country. While endorsing the

proposal the 14th Finance Commission has asked the State Government to use the

additional fiscal space provided to them in the tax devolution to meet such

requirements.

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GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE


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RAJYASABHA


TO BE ANSWERED ON FRIDAY, THE gTH MAY, 2015

Revfaion of ceiling on income for free legal aid

1489. SHRI B.K.HARIPRASAD:

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

(a) whether free legal aid is being given to the poor and weaker sections of the society;

(b) if so, since when and what was the ceiling on income for such facility at the time of beginning;

( c) whether the limit has been revised from time to time ; and

( d) if so, the details ofrevisions made along with the dates of revision?

ANSWER

MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

(a) to (d) Yes Madam. Under Section 12 of Legal Services Authorities Act, 1987 (39 of 1987) :free legal aid is provided to the poor and weaker sections of the society. The Legal

Services Authorities Act, 1987 came into force on 9th November, 1995. At the time of enactment of the said Act, the ceiling of annual income limit prescribed for entitlement to

free legal services was Rs. 9000/- or such other higher amount as may be prescribed by the State Government, if the case is before a Comi other than the Supreme Court, and less than Rs. 12,000/- or such other higher amount as may be prescribed by the Central Government if

the cases is before the Supreme Court. Presently a person is eligible for free legal aid if he is in receipt of annual income less than Rs. 1,00,000/- (in some States Rs. 50,000/-) if the case is before a court other than the Supreme Court, and less than Rs. 1,25,000/-, if the case is before the Supreme Court. As far as the Annual income ceiling limit for the cases upto High Court is concerned, State Governments have the power to revise it. Accordingly, there are different annual income ceiling limit followed by different States.

Documents

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE …doj.gov.in/sites/default/files/RJS-27-feb-8-may-2015_0.pdf · GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE