Budget Session

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOK SABHA UNSTARRED QUESTION NO.480 TO BE ANSWERED ON THURSDAY, THE 26th FEBRUARY, 2015 Sensitivity to Gender Equality 480. SHRI BHEEMRAO B. PATIL: Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Government has felt the need to make judges more sensitive to gender equality; (b) if so, the details thereof; and (c) the steps taken/being taken by the Government in this regard? ANSWER MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA) (a) to (c) : Madam, the Government has requested all Chief Justices of High Courts to sensitize the judiciary to gender justice and gender issues. National Judicial Academy (NJA), Bhopal, an autonomous body registered under the National Societies Registration Act, 1860, is an Apex body to impart judicial training to Judges/Judicial officers of the country. The Academy organizes sensitization programmes on gender issues. The Chief Justices of High Courts have also been advised to use the State Judicial Academies in this regard. ---------- GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE LOK SABHA UNSTARRED QUESTION NO.553 TO BE ANSWERED ON THURSDAY, THE 26.02.2015 Appointment of Judges 553. DR. UDIT RAJ: MD. BADARUDDOZA KHAN: SHRI VINCENT H. PALA; SHRI GOPAL SHETTY: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the criteria, qualification, procedure etc. adopted for appointment of Judges in High Courts and Supreme Court; (b) whether the Government proposes appointment of Judges to Higher Courts based on competitive examination like Indian Civil Services examination and if so, the details thereof; (c) whether the people-to-judges ratio in India is comparatively very low than most of the other countries in the world and if so, the details thereof along with the reasons therefor; (d) the steps being taken by the Government to improve the said ratio in a phased manner; and (e) whether the Government has any proposal for organizing courts on the basis of law being dealt with so that specialization in dispensation of justice is maintained to improve quality of justice and if so, the details thereof? ANSWER MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA) (a): The Judges of the Supreme Court and High Courts are appointed by the President under Article 124 (2) and Article 217 (1) respectively of the Constitution of India. The appointments of Additional Judges for High Courts are made under Article 224. Judges of the Supreme Court of India and the High Courts are appointed as per the procedure laid down in the Memorandum of Procedure prepared in 1998 pursuant to the Supreme Court Judgement of October 6, 1993 read with their Advisory Opinion of October 28, 1998. The process of initiation of proposal for appointment of a Judge and the Chief Justice of the High Courts rests with the Chief Justice of India and of the High Court rests with the Chief Justice of that High Court. …2/- : 2 : (b): No, Madam. (c) to (e) : In All India Judges’ Association case, the Hon’ble Supreme Court in its judgement dated 21st March, 2002, on a comparative assessment of the position in other countries directed that there should be 50 Judges for a million population in the country. Based on the population as per Census 2011 and sanctioned strength of judges/ judicial officers in Supreme Court, High Courts and District & Subordinate Courts as on 31.12.2013, the judge– population ratio in the country works out to be 16.8 judges/ judicial officers per million population. Further, the Supreme Court, in its order dated 1st February, 2012, in the case of Imtiyaz Ahmed versus State of Uttar Pradesh & Others, has, inter alia, asked the Law Commission of India to evolve a method for scientific assessment of the number of additional courts. Law Commission has since submitted its Report to the Supreme Court. The Supreme Court has directed the concerned State Governments and High courts to file their response to the recommendations made by the Law Commission. In the Conference of Chief Ministers of States and Chief Justices of High Courts held in New Delhi on 7th April, 2013, the State Governments were, inter alia, asked to create new posts of judicial officers at all levels with requisite staff and infrastructure in consultation with concerned High Courts. The Government has increased the number of judges of each High Court by 25%. The Judge strength of High Courts has been increased from 906 to 984 with effect from 14.10.2014. Law Commission of India in its 253rd Report submitted to the Government in January 2015 has inter alia recommended the establishment of Commercial Courts, and Commercial Division, Commercial Appellate Divisions in the High Courts in order to ensure speedy disposal of high value commercial suits. ***** ----------------------- GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOK SABHA UNSTARRED QUESTION NO. 596 TO BE ANSWERED ON THURSDAY, THE 26th FEBRUARY, 2015 LegfiJ Aid Centre +596. SHRI KAPIL MORESHWAR PATIL: VVill'the Minister of LAW AND JUSTICE be pleased to state: (a) Whether the Government proposes to set up more legal aid clinics across the country; (b) if so, the details and present status thereof, State-wise including Maharashtra; (c) the details of legal services being rendered by these clinics along with the objectives thereof; (d) the criteria adopted for appointment of advocates in these clinics; and (e) whether the Government proposes to appoint women advocates also in these clinics and if so, the details thereof? ANSWER MINISTER OF LAW ANO JUSTICE (SHRI D.V. SADANANDA GOWDA) (a) Yes, Madam.· The National Legal Services Authority (Legal Aid Clinics) Regulations, 2011 provide establishment of legal aid clinics in all villages, or for a cluster of villages depending on the size of such villages, especially where the people face geographical, and other barriers for access to the legal services institutions. (b) The requisite information is being collected from the State Legal Services Authorities (c) The objective of this Scheme is to provide an inexpensive local machinery/legal services ·institutions established Legal Services Authorities Act, 1987 for rendering legal services of basic nature like legal advice, drafting of petitions, notices, replies, applications and other documents of legal importance and also for resolution of disputes by making the parties to see the reason and thereby preventing disputes reaching courts (d) & (e) The Legal aid Clinics are primarily manned by the trained para-legal volunteers (PLVs). However, subject to the local requirements and availability of financial resources, the legal se~ices institutions having territorial jurisdiction may decide and depute panel lawyers including women laV11yers to visit the legal aid clinics. Pane! lawyers/retainer lawyer with skills for amicable settlement of the (jisputes, shall alone be considered for being deputed in the legal aid clinic provided that preference shall be given to women lawyers having the practice of at least 3 years. ******** XVI-IV SESSION LOK SABHA, 2015 MINISTRY OF LAW & JUSTICE DEPARTMENT Of JUSTICE DATE OF FULFILLMENT Q. NO. &DATE SUBJECT PROMISE MADE WHEN & HOW FULFILLED REASONS FOR DELAY 1 2 3 4 5 Unstarred Legal Aid Clinics: (b) "The information is Part (b) The information was to Q. No.596 being collected from the be collected from all 26.02.2015 Asking for:- State Legal Services State/UT-wise details of number State Legal Services Authorities". of legal aid clinics estabiished Authorities set up in all by (a) Whether the Government proposes to set during the last three years i.e. the States/UTs in the Shri Kapil up more legal aid clinics across the country; 2012, 2013 and 2014 is enclosed. countn;;. Moreshwar Patil (b) If so, the details and present status thereof, Parts (d) & (e) State-wise including Maharashtra; Regulation 8 of National Legal ( d) & ( e): Provided that Services Authority (Legal Aid ( c) The details of legal services being rendered preference shall be given Clinics) Regulations, 2011 provides by those clinics along with the objectives to women lawyers having for guidelines for providing free thereof; the practice of at least 3 legal service. The proviso to years. Regulations states that- preference ( d) the criteria adopted for appointment of shall be given to women lawyers advocates in these clinics; and having the practice of at least 3 years. Hence, this proviso is a sort e) whether the Government proposes to of guideline and not of promise to appoint women advocates also in these clinics be fulfilled. and if so, the details thereof? STAEMENT IN REP.LY TO PART (b} OF THE lOK SABHA UNSTARRED QUESTION NO. 596 FOR 26.02.2015 PUT DOWN BY SHRI KAPll MORESHWAR PATILREGARDING LEGAL AID CENTRE. S.No. Name of the State Authority 2012 2013 2014 1 Andhra Pradesh* 38 34 514 2 Arunachal Pradesh 1 1 3 3 Assam 97 65 35 4 Bihar 218 93 105 5 Chhattisgarh 73 129 123 6 Goa 26 19 29 7 Gujarat 202 468 297 8 Haryana 540 128 126 (upto 2012) 9 Himachal Pradesh 359 114 2155 10 Jammu & Kashmir 55 27 25 11 Jharkhand 252 0 39 12 Karnataka 0 0 165 Village Legal Care & Support Centres and 92 Legal Aid Clinics in Law Colleges 13 Kera la 148 633 518 14 Madhya Pradesh 140 804 402 15 Maharashtra 299 207 298 16 Manipur 2 2 14 17 Meghalaya 0 54 20 18 Mizoram 27 33 17 19 Nagaland 14 13 14 20 Orissa 102 264 Nil 21 Punjab 149 164 100 22 Rajasthan 236 361 161 23 Sikkim 2 1 18 24 Tamil Nadu 263 57 516 25 Telangana 75 89 207 26 Tripura 38 18 25 27 Uttar Pradesh 276 702 171 28 Uttarakhand Nil 9 161 29 West Bengal 152 235 423 30 Andaman & Nicobar Nil Nil Nil Islands 31 Chandiqarh U.T 8 2 5 32 Dadra & Nagar Nil Nil 1 Have Ii 33 Daman& Diu .

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