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I Department of Justice Ministry of Law and Justice *"'************ Guidelines of the.Scheme for Action Researchand Studie.son Judicial Reforms Under the Scheme for Action Research and Studies on Judicial Reforms, financial assistance shall be extended for undertaking action research levaluation / monitoring studies, organiSingseminars / conferences/ workshops, capacity building for research and monitoring activities, publication of report/material, promotion of innovative pto,grammes/actil1lliesin the areas of Justice Delivery, legal Research and judicial Reforms. Objectives: The objectives of the scheme are to promote research and studies on the issues related to the National Mission for Justice Delivery and Legal Reforms being implemented by the Departmentof Justice. Projec~/Activities· eligible for financial assletance: Financial assistance shall be given to the eligible implementing agencies by the Department of Justice for the following projects/activities in the fields of Justice Delivery, LegalResean:~hand JudicialReforms: o To undertake action research I evaluationstudieS. o To organise seminars I workshops / conferences. o To underfake capacity blilildingactivityfor research and monitoring activities. o To undertake publication of report/material. o To undertake promotion of innovative programmes/activities. o To undertake any other project/activity for the promotion of issues related to the National Mission to be decided by the Project Sanctioning Committee. Elig1ble Implementing agencie.s Indian Institute of Public Administration, Administrative Staff College of India, Indian Institute/s of Management, Indian Law Institute, National Law Universities, National Council of Applied Economic Research, National Judicial Academy, State JudicialAcademies and other reputed institutions working in the field of justice delivery, legal education and research and judicial reforms. The Project Sanctioning Committee shall be empowered to allow any Government or Governmentald~d Institute/Organisationas eligible implementing agency, if found suitable for undertakingprpjecVactivity permissible under the scheme. Pattern of AS$istance Financial assistance shall be given, on agreed terms and conditions, to the eligible implementing agency on the basis of Project Proposal submitted by such agency indlcatin,gtheproject cost. The financial assistance may be given in instalments and at least 10%of the project cost may be kept for payment as final instalment-on acceptance of the final project report by the National Mission for Justice Delivery and Legal Reforms, Department of Justice. The financial assistance would be limited to actual expenditure incurred by the grantee institution, subject to overall ceiling of Rs.2S.00 lakhs.ln exceptional cases, however, where the scope of the Project is sufficiently wide, sample size is large and Project is for longer duration, the Project Sanctioning Committee may relaxthis ceiling,

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  • I

    Department of JusticeMinistry of Law and Justice

    *"'************

    Guidelines of the.Scheme for Action Researchand Studie.son Judicial Reforms

    Under the Scheme for Action Research and Studies on Judicial Reforms, financialassistance shall be extended for undertaking action research levaluation / monitoringstudies, organiSingseminars / conferences / workshops, capacity building for research andmonitoring activities, publication of report/material, promotion of innovativepto,grammes/actil1lliesin the areas of Justice Delivery, legal Research and judicialReforms.

    Objectives:The objectives of the scheme are to promote research and studies on the issues related tothe National Mission for Justice Delivery and Legal Reforms being implemented by theDepartmentof Justice.

    Projec~/Activities· eligible for financial assletance:Financial assistance shall be given to the eligible implementing agencies by theDepartment of Justice for the following projects/activities in the fields of Justice Delivery,Legal Resean:~hand Judicial Reforms:

    o To undertake action research I evaluation studieS.o To organise seminars I workshops / conferences.o To underfake capacity blilildingactivity for research and monitoring activities.o To undertake publication of report/material.o To undertake promotion of innovative programmes/activities.o To undertake any other project/activity for the promotion of issues related to the

    National Mission to be decided by the Project Sanctioning Committee.

    Elig1ble Implementing agencie.sIndian Institute of Public Administration, Administrative Staff College of India, IndianInstitute/s of Management, Indian Law Institute, National Law Universities, NationalCouncil of Applied Economic Research, National Judicial Academy, StateJudicialAcademies and other reputed institutions working in the field of justice delivery,legal education and research and judicial reforms.

    The Project Sanctioning Committee shall be empowered to allow any Government orGovernment ald~d Institute/Organisationas eligible implementing agency, if found suitablefor undertakingprpjecVactivity permissible under the scheme.

    Pattern of AS$istanceFinancial assistance shall be given, on agreed terms and conditions, to the eligibleimplementing agency on the basis of Project Proposal submitted by such agencyindlcatin,gtheproject cost. The financial assistance may be given in instalments and atleast 10%of the project cost may be kept for payment as final instalment-on acceptance ofthe final project report by the National Mission for Justice Delivery and Legal Reforms,Department of Justice. The financial assistance would be limited to actual expenditureincurred by the grantee institution, subject to overall ceiling of Rs.2S.00 lakhs.lnexceptional cases, however, where the scope of the Project is sufficiently wide, samplesize is large and Project is for longer duration, the Project Sanctioning Committee mayrelax this ceiling,

  • II

    ... 2 ...P,roject ProposalThe project proposal shall be invited by the National Mission for Justice Delivery and LegalReforms, Department of Justice from the selected implementing agencies for identifiedsubjects: which shall include following information as terms and conditions of the project:

    • Title'0ftbe preject;• Nc;rrheaf the implementing agency:• Details of Principal Coordinator (Name, Designation and Research Experience):• Objectives:• Methedology:• Duration (with specific timelines for initiation of project, submission of interim progressreport, presentation before submission of final report and submission of final report) :

    • Project cost, with detailed break up:

    Project Sanctioning CommitteeAll 'projeGt proposals shall be placed before the Project Sanctioning Committee forconsideration and approval. The composition of the Project Sanctioninq Committee shallbe,as under:Secretary, Department of JusticeAdditional Secretary & Financial Advisor, DoJSecretary General, Supreme CourtJoint Secretary and Mission Director, DoJJoint ~c(etary, Law Commission of IndiaDiteqter •.lndlan Law Instituteo.ll(6ctor, National jl:ldicial AcademyDirectorJD~puty Secretary (National Mission), DoJ

    ChairmanMemberMemberMemberMemberMemberMemberMember Secretary

    While considering the proposals from Indian Law Institute (Ill) and National JudicialAcademy (NJA), the Directorsof the concerned Institute / Academy shall recuse fromdeliberations of Project Sanctioning Committee in respect of their proposals.

    Procedure' for Approval of the ProjectThe hwited proposals from the selected institutes/organisations on the identified subjectsshall be placed before Project Sanctioning Committee for consideration and approval. Thedecision of Project Sanctioning Committee shall be final and binding. The approvedProject Proposals shall then be submitted to the Integrated Finance Division of Ministry ofLaw and dustice for approving the projectls and release of funds. Each instalment shall bereleased on the approval of Integrated Finance Division.

    Utilisation CertificateThe implementing agency shall be required to submit Utilisation Certificate, as prescribedby the Department of Justice, for the funds received from the Department of Justice forundertaking the project.

    Dispute Redr

  • AN INDICATIVE LIST OF TOPICS FOR ACTION RESEARCH AND STUDIES ONJUDICIAL REFORMS WHICH COULD BE UNDERTAKEN BY LAW UNIVERSITIES

    1. Study on major bottlenecks in procedural laws affecting expeditious conclusion of criminaltrials and measures needed to remove such bottlenecks.

    2., Study on implementation of Section 89 of Code of Civil Procedure relating to use of ADRmechanisms for early and effective resolution of civil disputes.

    3. Development of a scientific framework for measuring the performance parameters ofsubordinate courts.

    4. Impact assessment of computerization of courts in reducing pendency and improving justicedelivery .

    . 5.. Identifying the bottlenecks responsible for causing delay in disposal of civil cases in courts andpossible policy and procedural changes necessary for reduction of pendency.

    6. A study on Court Management techniques for improving the efficiency of subordinate courts.

    7. A study to identify constraints and challenges in implementation of provision relating to pleabargaining in Code of Criminal Procedure and to suggest measures for their effectiveimp lementation.

    8. Re-engineering procedures of process service for reducing delays in court proceedings.

    9. Improving effectiveness of Gram Nyayalayas and accelerating the implementation of GramNyayalayas Scheme.

    10. An assessment on implementation of legislative provisions contained in Code of CriminalProcedure and other laws for protection of under trials and other marginalized sections of society.

    11. Role of Clinical Legal Education in improving the quality of legal education and increasingaccess to justice to the marginalized.

    12.Role of Audio-Video recording of court proceedings in increasing transparency and efficiencyof judicial systems.

    13. Study to recommend changes in the existing legal education system inIndia and existing system of admission of lawyers to the bar including other bar reforms.

    14. Comparative study of international best practices in the role of continuing legal education intraining of practicing advocates.

    15. Analysis of causes for pendency and classification of cases pending in HighCourts/Subordinate Courts.

  • ,};"'

    • AN lNDICATIVE LIST OF 'TOPICS FOR ACTION RESEARCH AND STUDIES ONJUDICIAL REFORMS

    R d P d1. e· ucmg en ency -,SI. No. Topics1 Assessing the potential of data analytics to interpret large scale judicial dat~

    and assist in judicial reform.2 Evaluating the impact of tribunalisation of Judiciary and its consequences Oln

    . '. majmtai.('lir;t~;pmdupholding the Rule of Law on the touchstone of justic~ .3 Sfl:JC'iesto reduce procedures that results in fresh service of notice and

    consequent delays4 Studies to assess the feasibility for recording of deposition of witness and for

    .the transcription thereof through institutional backend processing to reduce 1 !

    the time spend for trial of individual cases in the lower judiciary5 To study the feasibility of integrating the process for execution of decrees with

    , that of the process for award of judgment and decree to increase the pace fOL ' 1::(1'the final settlement of the lis.

    6 To study the infirmities in respect of integrating new generation legislation withthe existing institutional structures for prosecution and adjudication to preventduplication and to prevent ambiguities in jurisdiction

    7 To study on improving the effectiveness of the prosecution system ill criminalcourts for effective delivery of justice _j_

    8 To study the feasibility of introducing multiple shifts in the lower judiciar;y:1

    using services of adjunct judges or otherwise to improve efficiency' iFl'disposal ,;A'"of cases ----

    9 To study on identifying the bottlenecks in the reporting and filling of vacanciesin the judiciary and 0 suggest suitable remedial measures '

    .'.

    to A separate and in-depth research on Tribunals dealing with disputes ariSIngunder federal laws, including recruitment and tenure norms; infrastruettJreaudit; analysis and audit of performance, in particular assessmentlof,::

    1""qualitative performance; desirability of bringing all Central Tribunals withim a,common administrative machinery/framework; re-visiting prescription' ofeligibility norms for presiding officers In a domain specific context; andcognate areas is equally necessary.

    11 Study on Lower Judiciary-How to ensure expeditious disposal of cases

    h2. li:n, anclng Judicial Performance jSLNo. '. Topics

    12 To study the need for performance based appraisal to be introduced forelevating personnel from the lower judiciary to higher judiciary to increaseefficiency of the judicial system

    13 ' Study on development of infrastructure of the Judiciary-How to ensure fastdevelopment of human and physical infrastructure of the judiciary

  • 3. Reforms in Procedural Laws51. No. Topics

    14 Devising measures to promote the effectiveness and efficiency of CriminalJustice System in all its fields, i.e. tnvestioation, prosecution and trial;

    15 Re-engineering procedures of process service for reducing delays in courtproceedings:

    a. Studies to assess feasibility of entrusting serviceb. Studies to assess feasibility for introduction of computerized casemanagement procedures to enhance speed in service of process

    16 To study the need to streamline the provisions in relation to Section 114 ACr.P.C. to ensure better deterrence against jumping of bail and to identifyand eliminate the practical difficulties associated with implementing thecurrent procedure

    17 Review of the impact of scheme of 'Plea Bargaining' in Criminal JusticeSystem including jail reform and its advantages and disadvantages.

    18 An assessment of the need for witness identity protection and witnessprotection programmes; existing schemes, their impact and future need.

    19 Measuring the impact of 2013 amendments in Criminal Law20 Study of Victims of different categories of crime and their experience with

    the adjudication process21 Inter State comparison of adjudication of civil and criminal cases22 Study of Bail Law Reforms23 An Empiricla Study of Implementation of 'Arrest Law' in select cases ..~24 Delay and Arrears Reduction in Civil Matters

    4. Use of leT for Judicial Reforms51. No. Topics

    !.

    25 Assessing the need for legal reform associated with the use of leT for,

    delivery of justice.26 Assessing the possibility and challenges of the use of social media and

    mobile technolocv for judicial awareness.27 Analyzing the impact of computerization of courts and audio-video

    recording of court proceedings on perception about privacy and datasecurity.

    28 Study to recommend policies for improving the adoption and utilization ofICT in the judicial system.

    29 To study the feasibility of replacing paper documentation whenever possiblewithout affecting delivery of justice to speed up the justice delivery process

    5. Alternate Dis ute Resolution

    30$1. No.

    anization and functionin of ADRs

  • ,. Legal Education/Continuing Legal Education

    NONE

    MiscellaneousSI. TopicsNo.1 To study the use of sentencing power by various courts in the criminal hiel\arohy

    to identify the impediments in the exercise of sentencing jurisdiction _L .2 Family Courts-their importance and effectiveness .3 Study'on bottlenecks in the functioning and effectiveness of Family Courts4 The role and importance of Fast Track Courts and Special Courts and their

    performance in the Indian context5 Study: How to address increasing grievances of litigants including judiQial

    officers against members of BAR related to their services, professional etlllicsand fees etc.

    s insolvency and 'Bankruptcy Code; ';1

    7 Crimes Against Women\,

    8 Children in Conflict with the LawHuman Trafficking

    --- ,91.0 Cyber Crime

  • Suggested List of topics:

    Family Courts:

    i)Analysis of Pendency of Cases in Family Courts and Methods to reduce pendency(Total Pendency as on May 2016 -672075)

    ii)Use of technology to simplify procedures in family courts.

    iii)Role of:Legal aid lawyers in family courts

    iv) Challenges and solutions in establishing functional family courts in different States

    Fast-Track Courts:

    i)Efficacy of DoJ Fast Track Court Scheme in relation to under-trials

    ii)An impact assessment of fast track courts in India

    Enforcement of Decrees

    i) Time and motion study on enforcement of decrees and ways to reduce judicial delays

    ii)A study on cases where enforcement of decrees contributes to delay.

    Alternate Dispute Resolution

    i) Study on bottlenecks in the organization and functioning of ADRs.

  • Department of JusticeMinistry of Law and Justice

    Format for Proposal under the Scheme for Action Research and Studies onJudicial Reforms

    Research Title:

    Implementer/Organisation: Provide full contact details

    Head of the Organisation:

    Description of Research Team: Details of team leader and members

    Research Objective: (Describe the objective of the study)

    Project Budgets: per Financial YearProposed Start Date of Project: Estimated end date of project:

    Please state how the costs will be divided Total cost of Projectacross the Financial Year2014:2015:

    Research Methodology:Methodology must include:

    i. criteria for identification of sampleii. sample size

    Data Collection:i. Primary Dataii. Secondary Data

    Main Activities: (list the tasks to be done todeliver the study. Please link activities toresearch methodology. Providemilestones/performance tarqets

    Key Deliverables:

    Background(250 words max. Please include the context and relevant work/projects conducted in thisarea b our or anisation and bothers

    Activity Based BudgetYou must complete and Activity Based Budget (ABB). A template ABB spreadsheet hasbeen embedded into this form.Add additional rows as necessary or, if it is more convenient, attach a separate spreadsheetand submit it with this form~~==~~==--~~~~