Lok Sabha Replies

2020

LOK SABHA REPLIES

Budget Session – Third Session of 17th Lok Sabha

[31st January, 2020 to 3rd April, 2020] INDEX

Sl.No. Question Question Date Subject Division Page No. No. Type 1. 52 Starred 05.02.2020 Multilingual APP of Justice.I 1 the Supreme Court 2. 471 Unstarred 05.02.2020 District Courts NM 5 3. 483 Unstarred 05.02.2020 Judicial JR 10 Infrastructure 4. 486 Unstarred 05.02.2020 Fast Track Courts Justice.II 14 5. 551 Unstarred 05.02.2020 Fast Track Courts Justice.II 19 6. 556 Unstarred 05.02.2020 Limit on Number of NM 21 Appeals 7. 594 Unstarred 05.02.2020 Shortage of Court JR Desk 22 Rooms 8. 657 Unstarred 05.02.2020 Judicial Vacancies Appointment 25 Division 9. 666 Unstarred 05.02.2020 Legal Assistance LAP 27 10. 670 Unstarred 05.02.2020 Pending cases in NM 29 Bombay High Courts 11. 686 Unstarred 05.02.2020 Pending Court NM 31 Cases 12. 193 Starred 04.03.2020 Indian Judicial NM 37 Service 13. 196 Starred 04.03.2020 Vacancies in NM 41 various Courts 14. 198 Starred 04.03.2020 Law Reports Coordination 43 15. 2114 Unstarred 04.03.2020 Legal Services to LAP/A2J 45 Victims of Acid Attacks 16. 2123 Unstarred 04.03.2020 SC/STs (Prevention Justice.II 48 of Atrocities) Act 17. 2136 Unstarred 04.03.2020 High Court Benches Appointment 50 in Odisha Division 18. 2180 Unstarred 04.03.2020 Special Court to try Justice.II 52 offences against Women 19. 2183 Unstarred 04.03.2020 Village Courts JR Desk 56 20. 2201 Unstarred 04.03.2020 Setting up of New Appointment 58 High Court Bench Division 21. 2251 Unstarred 04.03.2020 Pending Rape Cases Justice.II 60 in Courts Sl.No. Question Question Date Subject Division Page No. No. Type 22.` 2273 Unstarred 04.03.2020 Family Courts Justice.II 65 23. 258 Starred 11.03.2020 Engagement of Justice.II 67 Consultants

24. 2764 Unstarred 11.03.2020 Posts of Judges Appointment 73 Vacant in High Division Court 25. 2770 Unstarred 11.03.2020 Village Courts JR Desk 75 26. 2783 Unstarred 11.03.2020 Pending Court NM 79 Cases 27. 2790 Unstarred 11.03.2020 Indian Judicial NM 81 Service 28. 2791 Unstarred 11.03.2020 Delay in Justice NM 84 29. 2856 Unstarred 11.03.2020 Special Court to Justice.II 90 deal with Crime against Women 30. 2860 Unstarred 11.03.2020 Use of Local Justice.I 93 Language in Courts 31. 2909 Unstarred 11.03.2020 Infrastructure JR Desk 94 Facility in Judiciary 32. 2916 Unstarred 11.03.2020 Affordable Justice NM 96 33. 2925 Unstarred 11.03.2020 Free and Prompt LAP/A2J 99 Justice 34. 2948 Unstarred 11.03.2020 Committee for NM 101 Judicial Reforms 35. 2953 Unstarred 11.03.2020 High Court Bench in Appointment 105 UP Division 36. 2970 Unstarred 11.03.2020 Speedy Justice LAP/A2J 107 37. 3934 Unstarred 18.03.2020 Lok Adalats LAP/A2J 109 38. 3947 Unstarred 18.03.2020 Holidays in Courts Justice.I 114 39. 3971 Unstarred 18.03.2020 Disposal of Criminal NM 116 and Civil Cases 40. 3977 Unstarred 18.03.2020 Tele Law Scheme A2J/LAP 118 41. 3980 Unstarred 18.03.2020 Recusal by Judges NM 120 42. 3990 Unstarred 18.03.2020 Judicial Panels Justice.I 121 43. 4017 Unstarred 18.03.2020 Hardships faced by NM 122 Advocates 44. 4038 Unstarred 18.03.2020 Collegium on Appointment 127 Appointment and Division Transfer of Judges

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

STARRED QUESTION NO. 52

TO BE ANSWERED ON WEDNESDAY, THE os" FEBRUARY, 2020

MULTILINGUAL APP OF THE SUPREME COURT

t*S2 SHRI ANIL FIROJIYA: SHRI MOHANBHAI KAYANJI KUNDARIYA:

Will the Minister of LAW AND JUSTICE be pleased to state: a) the time by which the new app 'Supreme Court Vidhik Anuvaad Software' launched by the Supreme Court of India is likely to become functional; b) the number of languages in which the app is going to provide updates about the legal proceedings; c) whether the provisions are also in place to make the information accessible to the visually impaired; d) if so, the details thereof and if not, the reasons therefor; and e) whether any other new digitization initiative is being taken to increase the access to legal information by all the citizens of the country including print disabled citizens in near future and if so, the details thereof? ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (e): A statement is laid on the Table of the House.

1 - t:.. STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF THE LOK SABHA STARRED QUESTION No. 52 DUE FOR ANSWER ON 05.02.2020.

(a) With a view to enable common people of India to understand the judgments of Supreme Court in easy manner in local languages, SUVAS (Supreme Court Vidhik Anuvaad Software) has been developed as a path breaking initiative by the Supreme Court of India in collaboration and with technical support from the Ministry of Electronics and Information Technology, Government of India aided by experts from liT and lilT. This pilot development of SUVAS is at present in testing, training and refinement phase in 18 High Courts in the country. The work covers translating judgments related to cases arising under the appellate jurisdiction of the Supreme Court of India in relation to the following subject categories: 1. Labour matters; 2. Rent Act matters; 3. Land Acquisition and Requisition matters; 4. Service matters; 5. Compensation matters; 6. Criminal matters; 7. Family Law matters; 8. Ordinary Civil matters; 9. Personal Law matters; 10. Religious and Charitable Endowments matters; 11. Simple money and Mortgage matters; 12. Eviction under the Public Premises(Eviction) Act matters; 13. Land Laws and Agriculture Tenancies; and

2 14. Matters relating to Consumer Protection.

The translation is functional from English language into Hindi, Bengali, Gujarati, Kannada, Malayalam, Marathi, Punjabi, Tamil and Telugu languages. Once the pilot phase of testing, training and refinement, as mentioned above, is completed, and the facility becomes functional, it would be rolled out fully in the relevant High Courts.

(b) The Official Multilingual Mobile App of Supreme Court of India, provides updates about the legal proceedings in six languages i.e. English, Hindi, Kannada, Marathi, Tamil and Telugu. (c) & (d) At present the Official Mobile App of Supreme Court is not separately equipped with accessibility of information to visually impaired. (e) Through computerization of 16,845 District & Subordinate Courts and ICT enablement under the eCourts Project Phase-II, several services have been provided to litigants, lawyers and Judiciary which facilitate expeditious delivery of judicial services. eCourts services such as details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centers (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Integration of eCourts Services through Common Service Centers (CSCs) has been successfully completed. eCourt CNR Service has been enabled through Digital Seva Portal in all CSC locations across the country. National Judicial Data Grid (NJDG) for District & Subordinate Courts, created as an online platform under the Project, provides information relating to judicial proceedings/decisions of computerized district and subordinate courts of

3 I

.,:,' . the country. Currently, all stakeholders including Judicia! Officers can access case status information in respect of over 12.97 crore pending and disposed cases and more than 11.'15 crore orders I judgments pertaining to' these computerized courts. Video Conferencing facility has been enabled between 3240 court complexes & 1272 corresponding jails.

4 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE .: .. a DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 471

TO BE ANSWERED ON WEDNESDAY, THE os= FEBRUARY, 2020.

District Courts

471. SHRI OMPRAKASH BHUPALSINH alias PAWAN RAJENIMBALKAR SHRI SANJAY JADHAV:

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

(a) the number of district courts, district-wise, across the country including the State of Maharashtra and number of cases pending in those courts at present; (b) whether the Government proposes a new plan to provide justice to people related to those pending cases; and (c) if so, the details thereof?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a): The District and Subordinate Courts are set up by the State Governments in consultation with concerned High Courts. As per information available on the web-portal of National Judicial Data Grid (NJDG) as on date, there are 3206 Court Complexes in 633 Districts in the country. As per information available on the web-portal of National Judicial Data Grid (NJDG) as on 29.01.2020, about 3.19<0crore cases are pending in various District and Subordinate. Courts. Statement of number of pending cases in District and Subordinate Courts as on 29.01.2020 is given in the Annexure.

(b) & (c): Disposal of cases in courts is within the domain of the judiciary. Government has no role in disposal of cases in courts. However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases. The

5 National Mission for Justice Delivery and Legal Reforms has.adopted many strategic initiatives, including improving infrastructure [court halls and residential units] for Judicial , c _ Officers of District and Subordinate Courts, leveraging Information and Communication Technology (ICT) for better justice delivery, filling up of vacant positions of Judges in High Courts and Supreme Court, reduction in pendency through follow up by Arrears Committees at District, High Court and Supreme Court level, emphasis on Alternate Dispute Resolution (ADR) and initiatives to fast track special type of cases. The major steps taken during the last-five years under various initiatives are as follows: (a) JD.1Qfoving infrastructure for Judicial Officers of District and Subordinate Cou~: As on date, Rs. 7,453.10 crores have been released since the inception of the

April, 2014 Ti',H number of court halls has incre2isE!,j from -15,W18 as on

scheme. In addition, 2,713 court halls and 1,89~) residential units are under

constructton. (b) LevE!rE.9U]_~Llrlf9rrlw.JLof!._ a nroject throughout the country for Information and Communication Technoloqy enablement of district and subordinate courts. Number of computerized District 8....Subordinate courts has increased from 13,672 to 16,845 re~jist.er;ng an increase of 3,173 durinf;j 20'14 til! date.: New and user-friendly version of Case Information Software has been deveioped and deployed at an the computerized

District and Subordinate Courts. A.II stakeholders including Judicia! Officers C2in

aGCeS8 information relating to judicia! proceedings/decisions ot computerized District ('$,. Subordinate Courts and High Courts on the National Judicia! Data C:;rirj

n··vUDC;). Currently. case status information in respect of over '!2.97 crore pend~n;l

these computerized courts is avaitaole on NJDG. eCourts services such B::_;

6 ... details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts .Mobile App, email service, SMS push & pull services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. (c) Filling up of vacant pof,tions in ~preme Court, High Courts and District and Subordinate Courts: From 01.05.2 14 to 30.01.2020, 35 Judges were appointed in Supreme Court. 515 new Judges were appointed and 435 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1079 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows: :~~~~:~~_~~sanction!:;~~~~±W~~in~~:~::t-1

(as amended on 20th August, 2018) stipulates mandatory pre-institution mediation and settlement of commercial disputes. Amendment to the Arbitration and Conciliation Act, 1996 has been made by the Arbitration and Conciliation (Amendment) Act 2015 for expediting the speedy resolution of disputes by prescribing timelines. (f) Initiatives to. Fast Track Special Type of Case~: The Fourteenth Finance Commission endorsed the proposal of the Government to strengthen the judicia! system in States. which included, inter-alia, establishing Fast Track Courts for

------.- cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the State Governments to use the additional fiscal space provided in the form of enhanced tax devolution form 32% to 42% to meet such requirements. As on 30.09.2019, 704 Fast Track Courts are functional for heinous crimes, crimes against women and children, family and matrimonial disputes, etc. To fast track criminal cases involving elected MPs I MLAs, ten (10) Special Courts are functional in nine (9) States (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi) and proportionate funds have been released to these States by the Government. Further, Government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 26 States/UTs have joined the scheme for setting up of 648 FTSCs including 363 exclusive POCSO courts. RS.99.35crore (out of the total allocation of Rs.100 crore) has already been releasee as the first installment to these 26 States.

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8 '. Annexure Details of cases pending in the District & Subordinate Courts, State~wise[as on 29.01.2020] 81.No Name of States/UTs Total I Total Total Number of Districts Court Cases pending in I Complexes District and Subordinate Courts$$ 1. A & NIsland 1 2. 4 ------Andhra Pradesh 13 3. 187 564693 Telangana 10 106 ~ Arunachal Pradesh 566407 5. ------Assam _. 27 6. t--. 66 297372 Bihar 37 - 7. Chandigarh 79 2875713 8. 1 1 48262 Chhatti~garh 23 9. 0& N Haveli 89 279410 10. 1 2 3033 Daman & Diu 2 11. Delhi 2 2310 - 11 12 866265 12. Goa 2 13. Gujarat 16 24813 32 328 1611359 14. Haryana 21 15. 57 869120 Himachal Pradesh 11 41 16. Jammu & Kashmir 290465 17. 20 81 177254 Jharkhand 24 18. Karnataka 24 386064 30 193 1555617 19. Kerala 15 20. 131 1294910 Ladakh 2 ~i Lakshadwee..2_ 3 450 - - 22. Madhya Pradesh ...----- 23. 50 208 1449383 Maharashtra 40 24. Man!2ur 467 3766400 ~5. 9 18 9826 Meghalaya 8 26. Mizoram 4 27. 2 8 Nagaland - ~~*- 28. Orissa -- r------29. 30 119 1244832 Punjab 22 30. Rajasthan 67 639683 ~- 35 Sikkim 306 1699168I 4 5 1302 132. Tamil Nadu 33 33. Puduche~ 251 1153262 34. Tripura ------35. 8 21 25109 Uttar Pradesh 74 36. Uttarakhand 169 7690966 37. 13 56 West Ben_g_al 22 208011 Total 85 2290464 633 3206 Note: Data on District and Subordinate Courts In the States of Arunachal Pradesh, Nagaland,31903314and Union Territories of Lakshadweep and Puducherry are not available on the web-portal of NJDG. Data in respect of Andaman & Nicobar Islands is not available on NJDG Portal .

9 \

·' .- . GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOK SABHA

UNSTARRED QUESTION NO. 483

TO BE ANSWERED ON WEDNESDAY,THE 5TH FEBRUARY, 2020

Judicial Infrastructure

483. SHRI MANICKAM TAGORE B:

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

(a) whether a fund of Rupees 7460.20 crore has been allotted by the Government under Centrally sponsored scheme for judicial infrastructure across the country till the current financial year 2019-20; (b) if so, the details thereof State-wise till now and number of court rooms established under the scheme; (c) whether there is any disparity in sharing of such allocated amount between States; (d) if so, the details thereof; and (e) the steps taken by the Government to establish adequate number of court rooms under this scheme?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) & (b): The Central Government has been administering a Centrally Sponsored Scheme (CSS) for the Development of Infrastructure Facilities for Judiciary since 1993-94. A sum of Rs.7,453 crore has so far been released to State Governments / UTs under the Scheme since its inception. The State-wise release is at Annexure-I. As per the information made available by the High Courts / State Governments, 19,632 Court Halls are available in the country for Judges/Judicial Officer of District and Subordinate courts. Further, 2,713 Court Halls are under construction. The State-wise availability of court halls and under construction court halls is at Annexure-II.

(c)&(d): In order to evolve a transparent criteria for inter-state distribution of funds under Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for the Judiciary, a scientific formula has been adopted from the year 2018-19 on the basis of 4 parameters, namely, (i) number of

10 '\ ... 'I ',/

court halls left for construction with reference to sanctioned strength of judicial. officers in the State/UT (ii) number of residentfal units left for construction with reference to sanctioned strength of judicial officers in the State/UT (iii) .• - _ working strength of judicial officers with reference to sanctioned strength of judicial officers in the State/UT, and (iv) pendency of 10 years and more old cases in subordinate judiciary. These 4 parameters have the weightage criteria in the ratio of 40:40:10:10. Based on such criteria the tentative allocation of funds to States/UTs is informed to the State Governments and UT administration in advance in the beginning of the financial year to enable them to submit their proposals accordingly. Pending submission of utilisation certificates and unspent balance of already allocated funds to a particular State I UT is also taken into considerationwhile releasing grants under the Centrally Sponsored Scheme.

(e): The Scheme aims to match the available infrastructure of court halls and the residential units of district and subordinate courts with the sanctioned strength of District and Subordinate Courts of Judges and Judicial Officers. However,setting up of Courts in subordinate judiciary is primarily the responsibility of the State Governments. The Central Government has been assisting the State Governments by providing funds for infrastructuredevelopmentof the subordinatejudiciary.

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11 •

Annexure-I

Statement referred to Lok Sabha Unstarred Question No. 483 for Reply on 05.02.2020 Statement showing State-wise release of Grants under Centrally Sponsored Scheme for ...... development of Infrastructure facilities for subordinate judiciary. (Rs.in lakh) rsrr- States I Release Release Release Release Release Release Total INo. I I 1993-94 in 2015- in 2016- in 2017- in 2018- in 2019- to 2014- 16 17 18 19 20 iI 15 I 1 Andhra Pradesh 15964.45 0.00 0.00 0.00 1000.00 1000.0~ 17964.45 [_2 Bihar 10469.72 0.00 5000.00 4290.00 6204.00 7762.00 33725.72 L 43 ; Chhattisgarh __ 7.:.__1:..::8:_:_1.:....0:::...:....7+--_~0~.:..:.0::..::0--+-_...... ::0:.:...:.0::.:0=-+-__ __.0:::..:_.0::_:0~_1:..::9~6::_:8.~00~.____::9::..::8~3:..::.0-=-0+-:...:....10=--:1_3-:=2.:...=.0~7 L.~+-=G-=-oa=- +--...... :.7::_:99:::..:_.::_:93==-+_-=..:0.~0.:::...0.+-_~O:..::,0-=-0+-_.....:::0...:...:.0:..:::0+--=..:31...:...:5:.:...:.0::.:0=----+-___:4::_:o6:::..:_.0.=...:0::...... j-___:1...=.:52=-:0~.9.=...:3=----1 I 5 Gujarat 35264.42 5000.00 5000.00 5000.00 1502.00 1649.00 53415.42

[1----6-+_H:...::.ca....Lry-"'.an:...::.:ac:.__...... ,.....j--...---=9=2:.=_86.=...:.___:__:42=-+_5.=...:0:...=0...=_0:..::.O-=...O+_-0.00 1500.00 1191.00 1406.00 18383.42 I ! 7 Himachal Pradesh 2313 0.00 819.00 0.00 408.00 572.00 4112.001 r 8 i Jammu & Kashmir 12151.6 1325.00 2104.00 1000.00 1901.00 1000.00 19481.6OJ 9 Jharkhand 8143.52 3044.00 0.00 5000.00 959.00 1374.00 18520.52_j I ~...1101- Karnataka 43861.85 5000.00 5000.00 5000.00 3812.00 3404.00 66077.~~ ~...:!... ; Kerala 6087.3 0.00 0.00 2500.00 3082.00 1582.00 13251.30 j i 12 Madhya Pradesh 25113.04 5000.00 0.00 5000.00 7942.00 4690.00 47745.04J r 13 Maharashtra 49941.86 5000.00 4975.00 5000.00 1058.00 2109.00 68083.8§_i 1 14 Odisha 9024.27 0.00 0.00 0.00 2250.00 3569.00 14843.27 : i 15 Punjab 32384.92 5000.00 4800.00 5000.00 2647.00 1978.00 51809.92 ~16 .1 Rajasthan 6402.51 5000.00 4374.00 1734.00 1741.00 3421.00 226725'1 ' 17 Tamilnadu 15131.46 0.00 5000.00 0.00 609.00 2871.00 2361'1.46 : I : 18 i Telangana o 0.00 0.00 0.00 1000.00 565.00 1565.00 r I - ._-- I 19 Uttarakhand 8067.16 0.00 0.00 2500.00 2202.00 850.00 13619.16 ~ 20 Uttar Pradesh I 67660.57 5000.00 5000.00 7500.00 12806.00 12194.00 110160SLi i 21 West Bengal 10953.46 0.00 0.00 1734.00 3522.00 4143.00 20352.46 j

North Eastern States I --~~~==~~~~------4------~------+-----~------+------4----_---~ 1 Arunachal Pradesh 3163.44 1593.00 0.00 0.00 0.00 269.00 5025.4~ , ]_. _I As=-=s....:..:.am:_:_::__-+_1.:_:1~7_.:_7...:...:1.-=-3+-__ __:_0~.0=-=0=-+-__ 0::..:.-=-00=_+--.2=-:0::-:0:...=0...:...:.0:...=0--+--=3=20.=...:9::...:..0.=...:0=-+--,3::....:1:...=5_4.:..:....::.0...:::....0-+-=20.:....1-'-"3_4_-'--'.3:...0::...\ i 3~Manipur 4141.71 2000.00 0.00 0.00 887.00 666.00 7694.71J i~' I Meghalaya 3480 2037.00 2000.00 863.00 1482.00 1285.00 11147.00 I ~ Mizoram 3702.29 0.00 0.00 2000.00 594.00 524.00 6820.29 I i 6.. Nagaland 6795.64 0.00 2000.00 2000.00 321.00 0.00 11116.641 r 7. Sikkim 4630.39 0.00 0.00 0.00 257.00 278.00 5165.3~~ ~8. I Tripura 7053.45 0.00 0.00 0.00 0.00 1382.00 8435.45 , ___ .--+-U-=-n:...:..:i...:::....o.::..::.n___:__:T-=-e:..:.rr.::..::ito-=-r:....:_ie.=...:s~-+ --t -+- -+------+------+------if------~ f- 1. A & N Islands 895.55 0.00 259.68 0.00 131.00 200.00 1486.23 [ ~-£_-+-Chandigarh 3900.95 0.00 0.00 0.00 0.00 0.00 3900.95 I ~ 'D&Nagar Haveli 706.25 0.00 0.00 0.00 0.00 0.00 706.25 j ! 4. D & Diu 190.00 0.00 42.43 0.00 0.00 0.00 232.43.- • f---5. Delhi 7897.08 6040.32 5000.00 2500.00 0.00 4669.00 26106.40 :

11._ .. £..... i Lakshadweep 51.25 0.00 0.00 0.00 0.00 0.00 51.25 J ,7. Puducherry 3148.88 259.68 2500.00 0.00 0.00 331.00 6239.561 ,___ Total 437730.71 56299.00 53874.11 62121.00 65000.00 70286.00 745310.82

12 •

Annexure-II

Statement referred to Lok Sabha Unstarred Question No. 483 for Reply on 05.02.2020'

Statement on State-wise availability of Court Halls as on 30-01-2020.

SI. States & Union Territories Total number of No. of Court Halls No. Court Halls available 1 under construction Andaman and Nicobar 17 0 2 Andhra Pradesh 602 50 3 Arunachal Pradesh 24 0 4 Assam 371 67 5 Bihar 1476 88 6 Chand[g_arh 31 0 7 Chhattisgarh 470 22 8 D & N Haveli 3 0 9 Daman & Diu 5 0 10 Delhi 541 152 11 Goa 53 28 12 Gujarat 1509 158 13 Haryana 551 81 14 Himachal Pradesh 160 8 15 Jammu and Kashmir 202 35 16 Jharkhand 601 61 17 Karnataka 1100 51 18 Kerala 509 37 19 Lakshadweep 3 0 20 Madhya Pradesh 1452 392 21 Maharashtra 2266 322 22 Manipur 38 9 23 Meghalaya 53 34 24 Mizoram 43 26 25 Nagaland 30 12 26 Odisha 664 179 27 Puducherry 29 7 28 Punjab 572 47 29 Rajasthan 1198 30 193 Sikkim 25 1 31 Tamil Nadu 1132 32 91 Telangana 448 28 33 Tripura 78 10 34 Uttar Pradesh 2312 317 35 Uttarakhand 228 66 36 West Bengal 836 36 141 West Bengal 836 141 TOTAL 19632 2713

13 ..

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. +486

TO BE ANSWERED ON WEDNESDAY, THE s" FEBRUARY, 2020 Fast Track Courts +486. SHRI PRADEEP KUMAR SINGH: SHRIMA TI RATHYA GITABEN VAJESINGBHAI: SHRIPARBATBHAI SAVABHAIPATEL: SHRI NARANBHAI KACHHADIYA:

Will the Minister of LAWAND mSTICE be pleased to state?

(a) whether number of crimes against women is increasing in India for which not only strict law but fast judicial process is also necessary; (b) if so, whether Government has established fast track courts in the country for this purpose;

(c) whether the said courts are operating smoothly in all States, if so, the details thereof; (d) whether all States are covered under these courts and the number of such courts, if so, the details thereof; and (e) whether the said courts are able to provide justice, if so, the details thereof?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (e): A comparison of Crime rate of various Crime heads on Crimes against women in the last three years shows no uniform trend. To ensure strict law, the Union of India has enacted the Criminal Law (Amendment) Act, 2012 and 2018. As a measure of fast judicial process for dealing specific natured cases viz. cases of heinous nature, cases pertaining to women, children, senior citizen and other .vulnerable sections and civil cases of property disputes pending for more than five years, the proposal of Union of India for setting up of 1800 Fast Track Courts

14 ..

(FTCs) at the cost ofRs. 4144 crore during 2015-20 had been endorsed by the 14tlJ Finance Commission. The Commission urged State Governments to utilise enhanced fiscal space provided through tax devolution (32% to 42%). At present there are 828 numbers of FTCs functional in the country. The status of FTCs as on 31.12.2019 is given at Annexure -I

In furtherance to the Criminal Law (Amendment) Act, the Union of India has finalized a scheme in August 2019 for setting up of 1023 Fast Track Special Courts (FTSCs) across the Country for expeditious disposal of cases related to rape and Prevention of Children against Sexual Offenses (POCSO) Act. Accordingly, StateslUTs Government have been communicated. 26 StateslUTs have consented and joined the Scheme in favour of whom Central share amounting to Rs. 99.35625 Cr. have been released till date. Status ofFTSCs is given at Annexure-II.

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15 Annexure-I Referred in Reply to Lok Sabha Question No +486 for 05/02/2020 Status of Fast Track Court as on 31/12/2019 S.NO. Updation as on 31.12.2019 NO. OF Number of Number of NO. OF CASES NO. OF Court Cases at the Cases disposed during CASES Function beginning of registered Quarter PENDrNG NAME OF THE _. a12019. Quarter during Quarter (01.10.2019 to AS ON STATES/UTS (01.10.2019 to (01.10.2019 to 31.12.2019) 31.12.2019 31.12.2019) 31.12.2019)

Andhra 21 6555 635 427 6763 Pradesh, 1 Amravati Guwahati High 2 0 0 0 0 0 Court i Assam 19 8144 1283 1319 8108 ii Arunachal 0 0 0 0 0 Pradesh iii Mizoram 2 161 72 79 154 iv Nagaland 0 0 0 0 0 Bombay High 91 91118 46152 29779 107491 3 Court i Goa 0 0 0 0 0 ii Daman & Diu 0 0 0 0 0 Dadar & Nagar 0 0 0 0 0 iii Haveli 4 Chhattisgarh 38 5030 2848 996 6882 Calcutta High 88 48580 4214 3071 49723 5 Court(WB+A& N) 6 Delhi 10 4024 412 226 4210 7 Gujarat 0 0 0 0 0

16 - Punjab & 8 Haryna High Court i Haryana 6 863 223 162 924 ii Punjab 0 0 0 0 0 iii Chandigarh 0 0 0 0 0 9 Patna 4IIr 57 21483 2616 1789 20774 Himachal 10 0 Pradesh 0 0 0 0 Jammu & 5 11 851 45 20 876 Kashmir 12 Jharkhand 0 4471 452 430 4632 13 Kerala 0 0 0 0 0 i Lakshadweep 0 0 0 0 0

14 Karnataka 0 0 0 0 0 Madhya 0 15 0 0 0 0 Pradesh 16 Manipur 4 213 16 19 210 17 Meghalaya 0 0 0 0 0 18 Odisha 0 0 0 0 0 19 Rajasthan 0 0 0 0 0 20 Sikkim 1 7 7 8 6 Tamil Nadu 74 5762 962 688 6036 High 21 Court(TN+Pud ducherry) 22 Tripura 11 849 100 38 937 23 Telangana 29 11226 3666 4942 9950 24 Uttar Pradesh 368 417744 58417 71034 405127 25 Uttrakhand 4 0 650 83 567 Total 828 627081 122770 115110 633370

17 Annexure-If referred in reply to Lok Sabha Unstarred Question No. +486 for 05.02.2020 Status of Fast Track Special Courts (FTSCs) as on date

SI States/UTs Total No. of FTSCs Total cost @ eState Central Funds No. in the State/UT as Rs.0.75 cr share in share in cr released so per the Scheme cr far Rs. in Cr. 1 Andhra Pradesh 18 13.5 5.4 8.1 0.3

2 Bihar 54 40.5 16.2 24.3 2.025 3 Chhattisgarh 15 11.25 4.5 6.75 1.6875

4 West Bengal 123 92.25 36.9 55.35 5 A& N Islands 1 0.75 0 0.75 6 Delhi 16 12 4.8 7.2 0.9 + 0.9 7 Gujarat 35 26.25 10.5 15.75 3.9375 8 Assam 27 20.25 2.025 18.225 0.5625 + 1.125 9 Aru. Pradesh 3 2.25 0.225 2.025 10 Mizoram 3 2.25 0.225 2.025 0.50625 11 Nagaland 1 0.75 0.075 0.675 0.3375 12 Maharashtra . 138 103.5 41.4 62.1 31.05 13 Goa 2 1.5 0.6 0.9 14 Hima. Pradesh 6 4.5 0.45 4.05 0.16875 15 J&K 4 3 0.3 2.7 16 Jharkhand 22 16.5 6.6 9.9 4.95

17 Karnataka 31 23.25 9.3 13.95 6.975

18 Kerala 56 42 16.8 25.2 6.3 19 Madhya Pradesh 67 50.25 20.1 30.15 15.075

20 Manipur 2 1.5 0.15 1.35 0.675 21 Meghalaya 5 3.75 0.375 3.375 0.28125-

22 Odisha 45 33.75 13.5 20.25 5.4 23 Punjab 12 9 3.6 5.4 1.35 24 Haryana 16 12 4.8 7.2 1.8 25 Chandigarh 1 0.75 0 0.75 0.1875 26 Rajasthan 45 33.75 13.5 20.25 5.85 27 Tamil Nadu 14 10.5 4.2 6.3 0.525 28 Tripura 3 2.25 0.225 2.025 1.0125 29 Telangana 36 27 10.8 16.2 1.35 30 Uttar Pradesh 218 163.5 65.4 98.1 2.775

'---3i Uttarakhand 4 3 0.3 2.7 1.35

Total 1023 767.25 293.25 474 99.35625

18 1

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. +551

TO BE ANSWERED ON WEDNESDAY, THE 5th FEBRUARY, 2020

Fast Track Courts

+551. SHRI GIRIDHARl YADAV:

SHRIMATI RAMA DEVI:

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

(a) whether fast track courts have been set up in Bihar; (b) if so, the details thereof;

(d) if so, the reaction of the Government thereto; and

(e) the amount of funds released for Bihar to carry out the said work during the last three years including the amount of funds utilised out of the funds released for the purpose?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RA VI SHANKAR PRASAD)

(a) to (e): Setting up of subordinate courts including Fast Track Courts (FTCs) and its functioning comes within the domain of the State Governments in consultation with the respective High Courts. Considering the need for setting up of FTCs for specific nature of cases pending in Courts viz. cases of heinous nature, civil cases involving senior citizen women and children and other marginalized section of society and civil

19 ------_. ------2

disputes involving land acquisition etc. pending for more than five years, the Union of India proposed setting up of 1800 FTCs at a total cost of Rs. 4144 Cr. during the period of 2015-2020, in its memorandum to the 14thFinance Commission, including 147 no. of FTCs and an amount of Rs.338.43 cr to the State of Bihar. The Commission endorsed the proposal and urged the State Governments to use the enhanced fiscal space· provided by the Commission in the tax devolution (32% to 42%) to meet the requirements.

As per information obtained from the Patna High Court, out of 147 FTCs recommended under the auspices of the 14th Finance Commission, at present, 57 FTCs are functional in the State of Bihar. The details of funds released and utilized for FTCs for the last three years is as under:

(Rs. in Crore) Financial Year Funds allocated Funds released Funds utilized 2017-18 67.04 17.66 08.52 2018-19 67.686 18.574 08.33 2019-20 40.00 10.43* 06.01

* Funds released and utilised till 31-12-2019.

20 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNST ARRED QUESTION NO. 556

TO BE ANSWERED ON WEDNESDAY, THE 05th FEBRUARY, 2020.

Limit on Number of Appeals

556. SHRI GURJEET SINGH AUJLA:

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

(a) whether the Government plans to limit the number of Appeals that can be filed by a convict and if so, the details thereof;and (b) whether the Government is taking a realistic view of the holidays available to Judges and enact laws to rationalize holidays available to Judges and if so, the details thereof?

ANSWER MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a): The provisions relating to filing of appeals in criminal cases is contained in Sections 372 to 394 ( Chapter XXIX) of the Code of Criminal Procedure 1973. There is no proposal presently to limit the number of appeals that can be filed by a convict.

(b) : Holidays in Supreme Court and High Courts are regulated by the respective Courts. Holidays in subordinate courts are regulated by the respective High Courts. The Supreme Court has notified the Supreme Court Rules, 2013 on 2ih May, 2014 wherein, inter-alia, it is provided that the period of summer vacation shall not exceed seven weeks. It is further provided that the length of the summer vacation and the number of holidays for the Court and the offices of the Court shall be such as may be fixed by the Chief Justice and notified in the official Gazette so as not to exceed one hundred and three days, excluding Sundays not falling in the vacation and during holidays.

21 , ...... f GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOK SABHA

UNSTARRED QUESTION NO. 594 • TO BE ANSWERED ON WEDNESDAY, THE 5TH FEBRUARY, 2020

Shortage of Court Rooms

594. Dr. Umesh G. Jadhav:

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

(a) whether the Government has pondered over the shortage of thousands of court rooms in district and subordinate judiciary in the country and if so, the details thereof; (b) whether the Government has also contemplated on shortage of residential quarters for district and subordinate judiciary in the country; (c) if so, the details thereof, State-wise; and (d) the constraints, if any, being faced by the Central Government to help State Governments in dealing with infrastructural challenges being faced by lower judiciary and the steps taken to address the same?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (c):" As per the information made available by the High Courts, there are 19,632 Court Halls available and 2,713 Court Halls are under construction against the working strength of 18,812 Judges/Judicial Officers in the Subordinate Judiciary. In addition there are 17,412 Residential Units available and 1,893 Residential Units are under construction. The Scheme aims to match the available infrastructure of court halls and the residential units of district and subordinate courts with the sanctioned strength of Judges and Judicial Officers of District and Subordinate Courts. A State-wise statement of available Judicial Infrastructure in the Subordinate Judiciary vis-a-vis sanctioned and working strength is at Annexure-I.

(d): It is the primary responsibility of the State Governments to provide Judicial Infrastructure for District and Subordinate Courts in their respective States. The

22 , ; aforesaid Centrally Sponsored Scheme. is being implemented to augment the resources of State Governments/UTs for construction of court buildings and residential units of judicial Officers·of District and Subordinate Courts. Considerable progress has been made with regard to court buildings and residential units for judicial officers in last five years. Focus is now to match the number of availability of court halls and residential units with 23,782 number of sanctioned strength of Judicial Officers in District and Subordinate Courts. *********

23 • Annexure-I

.' Statement referred to Lok Sabha Unstarred Question No. 594for Reply on 05.02.2020 Stcitementshowing State-wise JUdicial Infrastructure vis-a-vis J of the subordinate Judicial Marl'power I~----r------'r------r------'------~------'------r , -:5),. Court Halls Residential Units '. States & Uts Sanctioned Working Under Under No. Strength Strength Available Available Construction Construction Andaman and • 1 Nicobar 0 13 17 0 10 2 --11 '_~2~~A~n~dh~r~a~p~r=ad~e~s~h~_+-__~5__9_7_~ __ 5_2_8__ -+ ~6~0=2__ ~ 5~0~_-+_~6~0~4 __ -r ~11~ _ Arunachal ,1 3 Pradesh 41 27 24 0 24 0 4 Assam 441 412 371 67 294 31 5 Bihar 1925 1161 1476 88 1053 244 6 Chandigarh 30 29 31 0 30 0 :_ 7 Chhattisgarh +__-4---:--6::_:8=------t__----:3::___:9~3-_+----4-:-:-7----=-0-__+__----'2=2:-----___l_-4:__:_1____:_4_-I-_----=--1~0_ r~-+~~~~---~--~---+--~---+--~--~--~----~-~~-+----~----I 8 D & N Haveli 3 3 3 0 3 0 ~_ 9 Daman & Diu 4 3 5 0 5 0 '-______:_-=--t--=--~~------t__--:--::---:::_--t___--=--=--:~---1----=-___:___:___--__t_------:--=-=------t__---=--=--=--_t_------'---=------I 10 Delhi 799 681 541 152 350 70 - ----11--.:---+-=----=-=------+---=---=:.------+--_____:__~---II------=-=:.----+----=~-=------+------==-:.----,--I------.:---lGoa 50 40 53 28 27 4 l_~12~~~G::-:u~ja=r~a~t-~---~--1::---:5~2---:--1-~------:-1---:--18::-:5~_+------:-1~50::_:9~~------:1----=-5~8---t__-1~3=2~3-,----1~6~8----~ i 13 Haryana 772 475 551 81 499 100, 1------_:_:::~::.:,.:.::_:_-----_+-----:---=-=---__+--___:-:--::-----+------=-=~---+-----=--:-----__+-----::-::-:::----+_------:--:----=------t I Himachal . ! 14 Pradesh 175 153 160 8 151 0 _____:__~---=-:---:-==~-:----__+-----:~----+------:~--_+--:-~:-:::----+------:=------_+------:-::-:---+__------i Jammu and

I 15 Kashmir 290 232 202 35 123 38 i -____:_--=--+---=----'-=;::_:_:_:_~-----I------==-=----I-----==---+----=-:=-=--+------=---::----___,_------:-=-"------_t__------.--,--- :_ _:16 _Jharkhand +__ ::::__67::_.:7__ l------__ 4~6~1_-+ _ ____:_6=--=0~__:_1_ ___+__---6::-.:1---_+__--=-56::..:7-___+--6-3__ 1'17----'--''--t~::.:..:__:__:_=_:__:_.=__---+------:-~~---1------:-...:._::___:~_+------;-:---=--=---+-----=---:---__j-~-=-=--+__------;------Karnataka 1345 1103 1100 51 1112 10 1_ 18 Kerala 536 457 509 37 477 0

I 19 1 Lakshadweep 3 3 3 0 3 0

I 20 Mad~Pradesh 2021 1620 1452 392 1517 212

1 2__1_~-_;__ac'--'--'h~a-:.:c-:-::ra=s-:-:-ht:--:--ra=----+---_:2::_:1~8~9__ __+---1~9::-.:4:--:-1-_+_-=22=-=--:66=___+_--__:3=-=2=2~-+_--=2:..::.04__:_4_:___-+--1----:-7-::-9------22 Manipur 55 39 38 9 16 1 ,------___:~----+----'------'------,'23 Meghalaya 97 49 53 34 23 33 i ------t----=--'-----"--Sl.'---'-=-=..t....:::-=-----+--~-----+__--___:_::_---t___------:=--=---+----:::-:----+_------:=--=---__t_---=--=----

-- 24 Mizoram 64 46 43 26 29 8 25 ~~gala-nd---- __ _r----3-3--~--~2~6~--+_---3~0~~~---1=2~--_+__--=3~9--_+-- __ ~2~ __ : _?_o -=-O_.c:_d=is:__:__ha::_:__-+---_ __::9__:::_19 770 664 179 616 84 I 27 Puducherry 26 11 29 7 23 6 ---'------28 Punjab 67 5 5=-:7_:9:___-----1~-~5~7--=2_ _+__------:--47~ __ __+--:5=-=2:--:--7--_+__---4__:_8=_--__ , _2_SLJ_Raj_as_t_h_ac_n + 1_:____4=2:.=8__ -+ --'--'11__:_.:2=-0::___-+_--'--'11~_.:9~8:_____I_---______:__1::::__93~_--+-____:1=0__::___:31~_---I--_ ___'5:____ 30 Sikkim 25 ---+----______:____::___---I---~~-I----______::_-----+---____:_~-I------=--19 25 1 14 0 ----- 31 ------+----"--'----"--'--'::..:-=-=------1---Tamil Nadu 1255 -. __+--_1080-----4------+------r------~----1132 91 1253 _ __:::_49=---_ ',- 3;? --+-_T--'--'e-=--:.l=anc.:slgca:.:__:n~a__ __+--474-----+---~~-+----__::_---+-----~-----+_--~~--+-----~---333 448 28 417 1 i 33 Tripura 120 96 78 10 96 8 34 Uttar Pradesh 3416 2578 2312 317 2092 425 --:}_~ I Uttarakhand 294 228 228 66 185 10 I 36 West Bengal 1014 918 836 141 421 71 ! TOTAL 23782 18812 19632 2713 17412 1893

24 ------GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 657

TO BE ANSWERED ON WEDNESDAY, THE 05.02.2020

Judicial Vacancies

657. SHRI RAJMOHAN UNNITHAN

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

a) the total number of posts of the judges of High Courts that remain unfilled in India; b) the total number of collegium proposals pending for the approval by the Government; and c) whether the Government has set any time frame for filling the judicial vacancies in High Courts and if so, the details thereof?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRJ RAVI SHANKAR PRASAD)

(a) to (c): There are 395 number of posts of the judges vacant in various

High Courts.

The proposals recommended by various High Courts Collegiums for appointment of High Court Judges are under various stages of processing

25 with the Government arid Supreme Court Collegium as per the procedure prescribed in Memorandum of Procedure (MoP).

Filling up of vacancies in the High Courts is a collaborative and integrated process, between the Executive and the Judiciary. It requires consultation and approval from various Constitutional Authorities both at the Centre and State. Hence total time taken in the process of appointment cannot be indicated.

***

26 ...-

-~- GOVERNMENT OF INDIA - "' .. MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** .- LOK SABHA UNSTARRED QUESTION NO. 666

TO BE ANSWERED ON WEDNESDAY, THE 5thFEBRUARY, 2020 Legal Assistance

t666. SHRI SUNIL KUMAR SINGH:

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

(a) the procedure for appointing government counsel by the government to provide legal assistance to the people;

(b) the number of government counsels in the country at present;

(c) whether the posts of government counsels are vacant or more government counsels are required and if so, the details thereof;

(d) whether the Government proposes to establish free legal advice centres at every district or Tehsil to provide justice to everybody; and

(e) if so, the details thereof and if not, the reasons therefor?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) The National Legal Services Authority (Free and Competent Legal Services)

Regulations, 2010 provides for criteria and procedure for empanelment of

panel lawyers for providing legal assistance to the eligible sections of the

population. The selection of panel lawyers is made by the Executive Chairman

or Chairman of the Legal Services Institution in consultation with the Attorney

General [for the Supreme Court], Advocate General [for the High Court],

District Attorney or Government Pleader [for District and Taluka level} and the

Monitoring and Mentoring Committee of the Institution.

27 -...

(b) A total number of 61,295 lawyers have been empaneled in legal services • I· institutions at state & district level across the country for providing legal

assistance to the people who are eligible to receive such assistance. •

work load. As of now, the required number of panel lawyers are available with the

Legal Services Institutions.

(d)&(e)Legal Services Institutions have been set up under the Legal Services

Authorities Act, 1987 at all levels from Taluk Courts to Supreme Court for

providing free legal services to the persons eligible under Section 12 of the Legal

Services Authorities Act, 1987.The Legal Services Institutions include National

Legal Services Authority, Supreme Court Legal Services Committee in Supreme

Court, 36 State Legal Services Authorities, 36 High Court Legal Services

Committees in all High Courts, 664 District Legal Services Authorities and 2254

Taluk Legal Services Committees.

The Legal Services Institutions have set up Front Offices to provide legal advice

to the visitors. More than 23,000 Legal Services Clinics have also been set up in

Jails, courts, Juvenile Justice Boards (JJ8s), community centres, villages/rural

areas and law colleges/universities. In these centres, free legal services are

provided.

********

28 ) ...•.1

. .' GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 670

TO BE ANSWERED ON WEDNESDAY, THE os" FEBRUARY, 2020.

Pending cases in Bombay High Courts

670. SHRI BALUBHAU ALIAS SURESH NARAYAN DHANORKAR:

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

(a) the number of pending cases at present in the Bombay High Court along with the number of those cases which are pending for the last ten years; (b) the number of cases related to coal miners in the Bombay High Court at present along with the number of those cases which have been pending for more than ten years; and (c) the reaction of the Government thereto?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) & (b): As per information available on the web-portal of National Judicial Data Grid (NJDG) as on 29.01.2020, 2.67 lakh cases are pending in Bombay High Court. 79,749 cases are pending in Bombay High Court for more than ten years. The data regarding cases related to coal miners is not available on the web-portal of National Judicial Data Grid (NJDG).

(c) : Disposal of cases in courts is within the domain of the judiciary. The time taken for disposal of a case depends on several factors such as category of the case (civil or criminal), complexity of the facts involved, nature of evidence, co-operation of stake-holders viz. bar, investigation agencies, witnesses and litigants besides the

29 .".. .. availability of physical infrastructure, supporting court staff and applicable rules of procedure. Government has no role in disposal of cases in courts. However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases to improve access to justice. The National Mission for Justice Delivery and Legal Reforms, established by the Union Government, has adopted many strategic initiatives, including improving infrastructure [court halls and residential units] for Judicial Officers of District and Subordinate Courts, leveraging Information and Communication Technology (ICT) for better justice delivery, filling up of vacant positions of Judges in High Courts and Supreme Court, reduction in pendency through follow up by Arrears Committees at District, High Court and Supreme Court level, emphasis on Alternate Dispute Resolution (ADR) and initiatives to fast track special type of cases.

***********

30 GOVERNMENTOF INDIA ...... ,A MINISTRYOF LAW & JUSTICE . DEPARTMENTOF JUSTICE J "' . LOK SABHA • UNSTARREDQUESTION NO. 686 TO BE ANSWERED ON WEDNESDAY, THE osth FEBRUARY, 2020.

Pending Court Cases

686. SHRI JYOTIRMAY SINGH MAHATO: SHRI T.R.BAALU:

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

(a) whether there is huge backlog of pending cases in courts;

(b) if so, the State-wise details of civil and criminal cases pending in District courts, High Courts and the Supreme Court across the country including West Bengal as on date alongwith the stages of most of the pending cases;

(c) whether the Government has taken steps to accelerate the judicial process and expedite adjudication of the cases pertaining to social issues and if so, the details thereof;

(d) whether Government is facing major challenges in the Indian judicial system; and

(e) if so, the measures taken by the Government to create a citizen centric legal systems? .

ANSWER

MINISTEROF LAW & JUSTICE, COMMUNICATIONSAND ELECTRONICS& INFORMATIONTECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) and (b): As per data available on the website of Supreme Court, 59,859 cases are pending in the Supreme Court of India as on 02.01.2020. As per data available on the National Judicial Data Grid (NJDG) as on 29.01.2020, about 3.19 crore cases are pending in the District & Subordinate Courts. The details of cases pending in the District & Subordinate Courts,.State-wise, including in the State of West Bengal, is given in the Annexure-I. As per data available on the National Judicial Data Grid (NJDG), 45.81 takh cases are pending in High Courts. The details of cases pending in various High Courts including Calcutta High Court, is given in the Annexure-II.

31 (c) & (d): Disposal of cases in courts is within the domain of judiciary. Challenges faced' .. for timely disposal of cases in courts, inter-alia, include availability of adequate number . ;. of judges, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, . witnesses and litigants and proper application of rules and procedures. • However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases including cases pertaining to social issues, The National Mission for Justice Delivery and Legal Reforms has adopted many strategic initiatives, including improving infrastructure [court halls and residential units] for Judicial Officers of District and Subordinate Courts, leveraging Information and Communication Technology (lCT) for better justice delivery, filling up of vacant positions of Judges in High Courts and Supreme Court, reduction in pendency through follow up by Arrears Committees at District, High Court and Supreme Court level, emphasis on Alternate Dispute Resolution (ADR) and initiatives to fast track special type of cases. The major steps taken during the last five years under various initiatives are as follows: (a) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 7,453.10 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94. Out of this, Rs.4, 008.80 crores (which is 53.79% of the total amount released till date) have been released to the States and UTs since April, 2014. The number of court halls has increased from 15,818 as on 30.06.2014 to 19,632 as on 29.01.2020 and number of residential units has increased from 10,211 as on 30.06.2014 to 17,412 as on 29.01.2020 under this scheme. In addition, 2,713 court halls and 1,893 residential units are under construction. (b) Leveraging Information and Communication Technology (ICT) for improved justice delivery: Government has been implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement of district and subordinate courts. Number of computerized District & Subordinate courts has increased from 13,672 to 16,845 registering an increase of 3,173 during 2014 till date. New and user-friendly version of Case Information Software has been developed and deployed at all the computerized District and Subordinate Courts. All stakeholders including Judicial Officers can access information relating to judicial proceedings/decisions of computerized District & Subordinate Courts and High Courts on the National Judicial Data Grid (NJDG). Currently, case status information in respect of over 12.97 crore pending and

32 It • "'.. . .,.• , . '" .. disposed cases and more than 11.15 crore orders / judgments pertaining to these computerized courts is available on NJDG. eCourts services such as details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding [ails. (c) Filling up of vacant positions in Supreme Court. High Courts and District and Subordinate Courts: From 01.05.2014 to 30.01.2020, 35 Judges were appointed in Supreme Court. 515 new Judges were appointed and 435 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1079 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows: As on 31.12.2013 19,518 ~ 15,115 _j ,--2_9_.0._1._2_02_0__ ~t23_'7_8_2 _l18,812 J

(d) Reduction in Pendency through / follow up by Arrears Committees: In pursuance of resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in High Courts to clear cases pending for more than five years. Arrears Committees have been set up under District Judges too. Arrears Committee has been constituted in the Supreme Court to formulate steps to reduce pendency of cases in High Courts and District Courts. (e) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015 (as amended on zo" August, 2018) stipulates mandatory pre-institution mediation and settlement of commercial disputes. Amendment to the Arbitration and Conciliation Act, 1996 has been made by the Arbitration and Conciliation (Amendment) Act 2015 for expediting the speedy resolution of disputes by prescribing timelines. (f) Initiatives to Fast Track Special Type of Cases: The Fourteenth Finance Commission endorsed the proposal of the Government to strengthen the judicial system in States which included, inter-alia, establishing Fast Track Courts for cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the State Governments. to use the additional fiscal space provided in

33 ." . .• the form of enhanced tax devolution form 32% to 42% to meet such requirements. • r#" As on 30.09.2019,704 Fast Track Courts are functional for heinous crimes, crimes against women and children, family and matrimonial disputes, etc. To fast track criminal cases involving elected MPs / MLAs, ten (10) Special Courts are functional in nine (9) States (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi) and proportionate funds have been released to these States by the Government. Further, Government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 26 States/UTs have joined the scheme for setting up of 648 FTSCs including 363 exclusive POCSO courts. RS.99.35 crore (out of the total allocation of RS.100 crore) has already been released as the first installment to these 26 States.

(e): Through computerization of 16,845 District & Subordinate Courts and ICT enablement under the eCourts Project Phase-II, several services have been provided to litigants, lawyers and judiciary which facilitate expeditious delivery of judicial services. eCourts services such as details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Integration of eCourts Services through Common Service Centers (CSCs) has been successfully completed. eCourt CNR Service has been enabled through Digital Seva Portal in all CSC locations across the country. National judicial Data Grid (NJDG) for District & Subordinate Courts, created as an online platform under the Project, provides information relating to judicial proceedings/decisions of computerized district and subordinate courts of the country. Currently, all stakeholders including Judicial Officers can access case status information in respect of over 12.97 crore pending and disposed cases and more than 11.15 crore orders / judgments pertaining to these computerized courts. Video Conferencing facility has been enabled between 3240 court complexes & 1272 corresponding jails.

*****

34 ,. ., r .4 « Annexure -I .. ".., Details of cases pending in the District & Subordinate Courts, State-wise [as on

• It 29.01.2020]

-SeNor Name of States/UTs Pending Cases Pending Cases Total Number of (Civil) (Criminal) Cases pending in District and Subordinate Courts$$ t--:r_-----+A-& Nisland ~______-_-~-__-__-l-==-=-=:::..=~--_.-__-_:_.: [~ -,~=-~ndhi~ Prade-sh____ _ -==- 3105~Q_I__------=---_--_-25-4--,1-7-,:-3+-----5-6-4-69-3:---1 3. Telangana __ ~ 245477 320930 5664,Ql_ 4. Arunachal Pradesh ------_------_ ..._-_------5. Assam 68310 229062 297372 ~'. Bihar ------,- 400260 --2475453 28757'1~j 7. C_handigarh _ 18242 30020 48262 I 8. Chhattisgar~ 57124 222286 279~410-: 9. D & N Haveli 1421 1612 3033 -- ~----~------~----~------10. Daman & Diu 1_1_-=..5.::;__6-1-_ 1154 2310 11. Delhi _ 200714 665551 866265 12. Goa 13614 11199 24813 13. Gujarat 428268 1183091 1611359 14. Haryana _ 314158 554962 86912QJ _~5. Himachal Pradesh 123147 167318 290465j 16. . Jammu & Kashmir 73843 103411 177254:

Jharkhand r ------,-:------68734 ' 317330 386064--1------i Karnataka 744877 810740 155561?__j . Kerala 402141 892769 12949'10i -.----Tadakh 155 295' 4'5-b-1 -1 . __rhaksh

35 • ..

Annexure -II ;. • ' , . Details of cases pending in various High Courts [as.on 29.01.2020] - •- 51. No /,Name of High Courts Pending Pending Writs Number of I Cases Cases Cases I (Civil) (Criminal) pending in I High Courts ~ f--.1. Allahabad High Court 157303 .___B7~8Q_f--247456 732239 i 2. Calcutta High Co-u-rt-·----·---t----=2::c-c1=7:70-=-8-1-- 198 0 21906 ! f--.3. Ga~hati High Q_oun__._ 18056. 9374 __ 20139 47569l I 4. High Court for the State of 84687 30769 104293 2197491 h~-.-_ -1f~~~n~~~~of Andh,a 70264 -30~85 J--~;-80-~+-'----19~~~;-! f,-6.-.·,--- IHFP_!:J';hdec~ot}_urt-ofBo-m-b-'-a"-y'--'-+--~~-=-I------+---- ....." II: _ .__1678~_Q__ 31266 68653 26,?~~:S [7.~__ High Court ~f C~_!1a!t,isgarh 19924 f--.-----_.lll~1. 2_31_1l__ LQ?~1,:::: l8. High Court of Delhi_ 33291 21014 25742 8004L_: ~. High Court of Gujarat 42888 40754 46338 1?_~_§IHC : I 10. High Court of Himachal I Pradesh 32473 7910 18163 5854~~ 111. High Court of Jammu & 39770 8142 27701 ! Kashmir 756'1:5 ' .----, .:.:.:._---,------f-----~+_--,--=---c-=--=-t__--~=--=-f-----___=___=__ i 12. High Court of Jharkhand 15724 43220 24755 83f.ikl -__::"---+---~...... :.:.~---.:-~----.:-.,-----+----,-::---=--=--=-t_----=-~,..--,--t-_____=__=_=_=___,____t.-.--., ....." ! 13. High Court of Karnataka 138798 34964 74523 2482,fl,:·.• --.1---,----=- -,~-~-.-f---..:...... :...-=-=-:___+____----=-- , 14.~ __ ._.....j--:---:-:-I'l:::I:iil.:..:....~=:..:.....::..:....:....:..::...:~"----+-_....::...::-=-=-~Hioh Court of Kerala 86827 _.:.:.::..:=___+___-.::...:-....~__+_---45217 66695 198?~,...--", ,"15. High Court of Madhya i Pradesh 119334 136191 105560 l".lL ._-'--:~-,--'-i"CC"h'-C:::--o'-u-rt-o-=f"'-M-a-n"'-ip-u-r---+----3=-4=--=6'-:.2-344 Q-f-'-,--- 3;:)(_i:;. i 17. High Court of Meghalaya 433 96 585 1 i i,:; :--1-8, High Court of Punjab & 219488 208805 113227 '-~~.1S/i) L, Haryana . [ _1~~ .. _J:iigh Court of Rajasthan 215790 122203 ----..:1-=3.4...:.:2=..4.:...8:___+____--_:_4722':.~ l..?_O_:_._. High Court of Sikkim 78 59 100 ??7 ,! 2'j_ High Court of Tripura 883 ----.~~~~~~------402 1088 2::'.';', : ~~: High Court of Uttara_k_h-'a:.....n~d_ __+_-----:=---2--=5-=-3-=-70-::-+__ -=-14-=-6--:-8-:-9-::1-. 1--+- ~·c.:::::.:: i 23. Madras High COl!r!._ -----+__ 2_5_7_95_3-+-__ .__45_1~~5__+__-·...:..10_:___:0'_'_0...:..7..:-8+__---__4CH: :i; i 24, Orissa High Court 40633 43962 66816 '15': 4 'I : [.25. [ Patna HJg:.:..:.h....:C....:o~u.:..::rt+___9~5::..::0:....:4..::...7-+--'-=-~7~8-c.5~...:..8:..::2~:-=--=--=--=--=-~0~__=_.-=--.-__j,?:)(j:.;::? ~~

'------.------,------___j.______::...::....::.~.::.....L..! Total 1908074 _ ____:__--=--=---.:..::_:_-'---~c:c__=___::...:.;:::_L_1308463 1365082 458:.c:c_. H). ~':~

*****

36 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

STARRED QUESTION NO. *193

TO BE ANSWERED ON WEDNESDAY, 04th MARCH, 2020

Indian Judicial Service

*193. SHRI RAJMOHAN UNNITHAN: SHRI PINAKI MISRA:

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

(a) whether the Government has any plan to set up Indian Judicial Service as an All India service to fill the vacancies in the Judiciary and give the representation to marginalized sections of the society; and (b) if so, the details thereof?

ANSWER

MINISTEROF LAW & JUSTICE, COMMUNICATIONSAND ELECTRONICS & INFORMATIONTECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

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

37 .. STATEMENT REFERRED TO IN REPLY TO PARTS (a) and (b) of LOK SABHA STARRED QUESTION NO. *193 FOR ANSWER ON 04th MARCH. 2020.

(a) to (b) : In Government's view, a properly framed All India Judicial Service is important to strengthen overall justice delivery system. This will give an opportunity for induction of suitably qualified fresh legal talent selected through a proper all-India merit selection system as well as address the issue of social inclusion by enabling suitable representationto marginalized and deprived sections of society.

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. Besides attracting some of the best talent in the country, it may also facilitate inclusion of competent persons from marginalized sections and women in the judiciary. 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 the issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. There was divergence of opinion among the State Governments and among the High Courts on the constitution of All India Judicial Service. While some State Governments and High Courts favoured the proposal, some were not in favour of creation of All India Judicial Service while some others wanted changes in the proposal formulated by the Central Government.

The High Courts of Sikkim and Tripura have concurred with the proposal approved by Committee of Secretaries for formation of All India Judicial Service. The High Courts of Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya,Orissa and Uttarakhand have suggested changes in age at induction level, qualifications, training and quota of vacancies to be filled through All India Judicial Service. Rests of the High Courts have not favoured the idea. Most of the High Courts want the administrative control over the Subordinate Judiciary to remain with the respective High Courts. The High Courts of Jharkhand and Rajasthan have indicated

38 that the matter regarding creation of AIJS is under consideration. No response has been received from the High Courts of Calcutta, Jammu & Kashmir and Gauhati.

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

The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judges / judicial officers at all level was also included in the agenda for the Chief Justices

Conference, which was held on 03rd and 04th April, 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expeditiously. The proposal for constitution of All India judicial Service with views from the High Courts and State Governments received thereon was included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of the High Courts held on os" April,2015. However, no progress was made on the subject.

The proposal of setting up of an All India judicial service was again discussed on points of eligibility, age, selection criteria, qualification, reservations etc in a meeting chaired by Minister of Law and Justice on 16th January 2017 in the presence of Minister

39 •

of State for Law and Justice, Attorney General of India, Solicitor General of India, Secretaries of Department of Justice, Legal affairs and Legislative Department. In view of the existing divergence of opinion amongst the stakeholders the Government is engagedin a consultative process with the stakeholdersto arrive at a common ground. ************

40 -

GOVERNMENTOF INDIA MINISTRYOF LAW AND JUSTICE DEPARTMENTOF JUSTICE LOKSABHA

STARREDQUESTIONNO.*196

TO BE ANSWEREDON WEDNESDAY,04th MARCH,2020

Vacancies in various Courts

*196.SHRIANUBHAV MOHANTY: Will the Minister of LAW AND JUSTICEbe pleased to state:

(a) the status of the vacancies of the non-Judicial officers and staff in various courts in the country; (b) the steps taken by the Government to ensure that the vacancies of the non• judicial officers and staff in various courts in the country are filled on time so that the courts function smoothly and efficiently and are able to dispose of a greater number of cases in shorter period; and (c) whether the Government is considering filling up of these vacancies on contractual basis by candidates who fulfil the prescribed mandatory qualifications and pass the basic tests and if so, the details thereof?

ANSWER MINISTEROF LAW & JUSTICE,COMMUNICATIONSAND ELECTRONICS& INFORMATIONTECHNOLOGY (SHRIRAVISHANKARPRASAD)

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

41 ..

.. -

STATEMENT REFERRED TO IN REPLY TO PARTS Ca) to Cc) of LOK SABHA

STARRED QUESTION NO. *196 FOR ANSWER ON 04th MARCH. 2020.

(a) to (c) : The selection and appointments in subordinate courts falls within the purview of the High Courts concerned and respective State

Governments. Information on these vacancies is not maintained in the

Union Government.

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

42 ,.

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

LOKSABHA

STARRED QUESTION NO.198

TO BE ANSWERED ON WEDNESDAY, THE 4TH MARCH, 2020

Law Reports

* 198. saar JASBIR SINGH GILL:

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

a) whether the Supreme Court and High Courts are regularly publishing law reports; b) if so,the details thereof; c) if not, the details of the Courts, out of those mentioned in part (a) above, which are not regularly publishing law reports and the steps taken by the Government to ensure that these reports are published regularly; d) whether the Government is planning to involve private publishers to publish law reports and if so,the details thereof; and e) the steps taken by the Government to prevent commercial monopoly being created by fewprivate publishers?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHONOLOGY

(SHRI RA VI SHANKAR PRASAD)

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

43 STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (e~ OF LOK SABHA STARRED QUESTION NO.*198 FOR ANSWER ON 4T MARCH, 2020.

(a) to (e): Publication of Law Reports is a matter which falls within the purview of the judiciary. Reportable decisions of the Supreme Court are published in Supreme Court Reports (SCR). SCR is the official journal of reportable Supreme Court decisions, which is published under the authority of the Supreme Court of India. In respect of High Courts, as per information received, while some are publishing Law Reports like the High Courts of Madhya Pradesh, Punjab & Haryana, Orissa, Karnataka, Kerala, Sikkim, Madras, Rajasthan and Calcutta certain High Courts like Uttarakhand, Manipur, Patna, Andhra Pradesh, Jharkhand, Gujarat, Gauhati and Telangana are not publishing any Law Report.

***

44 \ r

GOVERNMENT OF INDIA MINISTRY OF LAW AND ~USTICE DEPARTMENT OF JUSTICE .. ****** LOK SABHA UNSTARRED QUESTION NO. 2114

TO BE ANSWERED ON WEDNESDAY, THE 4th MARCH, 2020 Legal Services to Victims of Acid Attacks

2114. DR. AMOL RAMSING KOLHE: SHRI VIJAY KUMAR DUBEY: SHRI DHANUSH M. KUMAR: SHRI SOYAM BAPU RAO: SHRI KULDEEP RAI SHARMA: SHRI SELVAM G.: SHRI REBATI TRIPURA: SHRIMATI SUPRIYA SULE: SHRI SHRINIWAS PATIL: DR. SUBHASH RAMRAO BHAMRE: DR. DNV SENTHILKUMAR S.: SHRI SUNIL DATTATRAY TATKARE: SHRI GAUTAM SIGAMAANI PON: SHRI MANICKAM TAGORE B.:

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

(a) whether the National Legal Services Authority has launched a scheme to provide legal services to the victims of acid attacks, if so, the details thereof and the main objectives of the schemes;

(b) the number of acid victims who are provided legal aid under this scheme during each of the last three years and the current year;

(d) whether the Government has framed special schemes for acid attack victims to take up their cases on priority basis in courts;

(e) if 50, the details thereof and if not, the reasons therefor along with the number of pending acid attack cases in different courts in the country; and

(f) the other steps taken by the Government for prompt disposal of victims of acid attack cases in a time bound manner?

45 ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY _" (SHRI RAVI SHANKAR PRASAD)

(a) to (f) National Legal Services Authority has framed NALSA (Legal

Services to Victims of Acid Attacks) Scheme, 2016 under the Legal

Services Authorities Act, 1987 for providing legal services to the victims of acid attacks. The main objectives of the scheme are as follows:

(i) to strengthen legal aid and representation at the National,

State, District and Taluka levels for victims of acid attacks in

availing the benefits of the extant legal provisions and schemes for

compensation;

(ii) to enable the victims of acid attacks to get access to medical

facilities and rehabilitative services;

(iii) to create and spread awareness about the entitlements of the

victims of acid attacks through the District Legal Services

Authorities, Taluka Legal Services Committees, panel lawyers,

para-legal volunteers and legal services clinics;

(iv) to enhance capacities at all the levels of panel lawyers, para-

legal volunteers, volunteers in legal services clinics, government

officials, service providers, police personnel, non-governmental

organizations by organizing training, orientation and sensitization

programmes; and

(v) to undertake research and documentation to study the various

schemes, laws etc. to find out the gaps and to make remedial

suggestions to the appropriate authorities.

46 As per information made available, the number of acid attack

victims who got compensation under this scheme during the last

three years viz. 2016-17,2017-18 and 2018-19 is as under:

No. of Acid Attack Victims who got compensation under the scheme

2016-17 2017-18 2018-19

201 249 232

The Legal Services Institutions are organizing legal awareness

programmes to sensitize people to the needs of the victims of acid

attacks so that the community provides support to the victims which

is essential for their rehabilitation. Awareness is also being spread

through Doordarshan, All India Radio besides distribution of

pamphlets, leaflets etc. The Ministry of Home Affairs, Government of

India has issued an advisory dated 20.04.2015 on expediting cases

of acid attack on women wherein the States/UTs were requested to

take proactive measures to expedite investigation, trial of acid attack

cases and bring them under a definite time frame.

*********

47 ------1

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. 2123

TO BE ANSWERED ON WEDNESDAY, THE 4th March, 2020

SC/ST (Prevention of Atrocities) Act

2123. SHRI A. NARAYANA SWAMY: Will the Minister of LAW AND JUSTICE be pleased to state?

(a) whether special courts have been set up to try cases under the SC/ST (Prevention of Atrocities) Act, 1989 in all districts of the country, as mandated in the Act; (b) if so, the details of the States which are yet to set up the Special Courts; and (c) the reasons for not setting up such courts by the concerned States?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD) (a) to (c ):Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (PoA) Act, 1989, as amended by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Act, 2015 (No. 1 of 2016) specifies that for the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, establish an Exclusive Special Court for one or more Districts, provided that in Districts where less number of cases under this Act is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, specify for such Districts, the Court of Session to be a Special Court to try the offences under the Act. As per available information, the State Governments and Union Territory Administrations Contd.....

48 2 of Andhra Pradesh, Assam, Bihar, Chhattisgarh, Goa,,_Gujarat,Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand, West Bengal, Andaman & Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, NCT of Delhi, and Puducherry have designated District Session Courts as Special Courts. The PoA Act, 1989 did not extend to the erstwhile State of Jammu and Kashmir. After the enactment of J&K reorganization Act, 2019, PoA Act has been made applicable in the UTs of J& K and Ladakh w.e.f 31.10.2019. Arunachal Pradesh and UT of Lakshadweep not have designated Special Courts for this purpose.

'Police' and 'Public Order' are State subjects under the Seventh Schedule (List-Il) to the Constitution of India and the State GovernmentslUnion Territory Administrations are primarily responsible for prevention, detection, registration, investigation and prosecution of crimes within their jurisdiction including crimes against members of SCs and STs, and also for implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, the Central Government from time to time advises the State Governments/ Union Territory Administrations to effectively implement provisions of the PoA Act. ****

49 1 \. '

~ ~J..~ ~\}t'\ A-PrQ"\. GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 2136

TO BE ANSWERED ON WEDNESDAY, THE 04.03.2020

High Court Benches in Odisha

t2136. SHRI BASANTA KUMAR PANDA:

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

a)whether the Government proposes to set up a division bench of Odisha High Court to mitigate the problems of people of Western Odisha; b)if so, the details thereof; c) if not, the reasons therefor; and d)the time by which a decision is likely to be taken in this regard?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) to (d): High Court Benches, at a place other than its Principal seat are established in accordance with the recommendations made by the Jaswant Singh Commission and judgment pronounced by the Apex Court in W.P.(C) NO.379 of 2000 and after due consideration of a complete proposal from the State Government incorporating readiness to provide

50 infrastructure and meet the expenditure, alongwith the consent of the Chief Justice of the concerned High Court and the consent of the Governor of the concerned State.

The State Government of Odisha has requested for setting up of Orissa High Court Bench in Western and Southern region of Odisha to mitigate the inconvenience faced by the litigants. The Central Government has requested the High Court of Orissa to provide its views. At present, no complete proposal regarding setting up of a Bench of Orissa High Court is pending with the Government.

***

51 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. 2180

TO BE ANSWERED ON WEDNESDA Y, THE 4th March, 2020

Special Court to try offences against Women

2180. SHRIMATI MANEKA SANJAY GANDHI: SHRI PARTHIBAN S.R: SHRI FEROZE VARUN GANDHI:

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

(a) the details of number of new special courts set up across the country to try sexual offences against women and children so far; (b) the details of number of cases registered with the courts, State-wise; (c) whether Government is considering to set up 1070 Special Courts all over the country for sexual offences against women and children and if so, the details thereof; (d) whether the Government is planning to create awareness and assistance programmmes for women and children to encourage them to report the cases and if so, the details thereof; and (e) whether Government is considering to set up more courts to deal with other issues to reduce the pending cases in various courts and if so, the details thereof?

52 \. I

ANSWER ,,' MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a)to (c): In furtherance to the Criminal Law (Amendment) Act, 2018, Government has finalized a Scheme for setting up of a total of 1023 Fast Track Special Courts (FTSCs) across the country for expeditious trial and disposal of pending cases related to rape and Prevention of Children from Sexual Offences (POCSO) Act, 2012, in a time-bound manner under Centrally Sponsored Scheme. So far, after receipt of consent from 27 StateslUTs, central share of funds amounting to Rs.99.43 Crore has been released in Financial Year 2019-20 for setting up of 649 numbers ofFTSCs. As per information received from High Courts, the number of functional Fast Track Special Courts (FTSCs) upto January, 2020 is 195 as given at Annexure-I. The details of cases related to rape and POCSO Act, pending upto 31st December, 2019, StateslUTs wise, is given at Annexure-II.

(d): Government has operationalized Emergency Response Support System (ERSS), a pan-India, single, internationally recognized number, i.e. 112 based system for various emergencies, with computer aided dispatch of field resources to the location of distress, in 28 States/ UTs. Ministry of Home Affairs has undertaken citizen awareness campaigns on 112, including 112 India mobile app, in the print, electronic and digital media. (e): The 14th Finance Commission has endorsed the proposal of Union of India for setting up of 1800 Fast Track Courts (FTCs) during 2015-20 for dealing with specified nature cases viz cases pertaining to cases of heinous nature, women, children, senior citizen and other vulnerable sections of 'society and civil cases of property disputes pending for more than five years. The State Governments have been urged to utilize enhanced fiscal space provided through tax devolution (320/0to 42%) for the same. There are 828 such FTCs functioning in the country as on 31-12-2019 as per information received from High Courts.

53 Annexure-I

Lok Sabha Unstarred Question No. 2180 for 04.03.2020

State wise details of No, of Fast Track Special Courts (FTSCs) functional & established for Women and Girl children under the Scheme of FTSCs (January, 2020)

States No.ofFTSCs Madhya Pradesh 56 Chhattisgarh 15 Delhi 16 Tripura 03 Jharkhand 22 Rajasthan 26 Telangana 09 Gujarat 34 Tamil Nadu 14 Total 195

54 L ANNEXURE-II LOK SABHA UNSTARRED QUESTION NO. 2180 FOR 04/03/2020 STATUS OF RAPE AND POCSO CASES AS ON 31.12.2019. S.No. NO. OF CASES PENDING AS ON 31.12.2019 NAME OF THE STATEIUT

1 Andhra Pradesh 3897 2 Assam 6227 Arunachal Pradesh 315 3 4 Mizoram 357 5 Nagaland 89 6 Maharashtra 21691 7 Goa 34 8 Daman & Diu ,13 "/27 9 Dadar & Nagar Haveli 10 Chhattisgarh 4159 11 West Bengal 20511 12 Delhi 11418 13 Gujarat 8372 14 Haryana 3707

15 Punjab 1734 /'. 16 Chandigarh 113 17 Patna 13924 18 Himachal Pradesh 1450 19 J&K 1388 20 Iharkhand 4630 21 Kerala 10958 22 Lakshadweep 15 23 Karnataka 6310 24 Madhya Pradesh 19981 25 Meghalaya 864 26 Odisha 9471 27 Rajasthan 11159 28 Sikkim 93 29 Tamil Nadu 5118 30 Tripura 601 31 Telangana 6925 32 Uttar Pradesh 66994 33 Uttarakhand 1456 Total 244001

55 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. t2183

TO BE ANSWERED ON WEDNESDAY, THE 4TH MARCH, 2020

VILLAGE COURTS

t2183. SHRI DHARAMBIR SINGH:

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

(a) whether the Government proposes to open village courts for speedy disposal of justice to the people; (b) if so, the details thereof and the time by which such village courts are likely to be opened; and (c) if not, whether the Government is required to open village courts considering the delay in disposal of justice to the people and the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (c): The Gram Nyayalayas Act, 2008 provides for establishment of Gram Nyayalayas at the grass roots level for the purpose of providing access to justice to the citizens at their door steps. As per Section 3 (1) of the above Act, the State Governments, after consultation with the High Court, are responsible for establishing Gram Nyayalayas.

As per information available, 353 Gram Nyayalayas have been notified so far by eleven State Governments, out of which 221 are operational. The State-

56 · ' " wise details of number of notified and operational Gram Nyayalayas are as...,_¥' ~ follows: . SI. State Gram Nyayalayas Gram Nyayalayas No. Notified Functional 1 MP 89 87 2 Rajasthan 45 45 3 Karnataka 2 0 4 Orissa 22 16 5 Maharashtra 39 24 6 Jharkhand 6 1 7 Goa 2 0 8 Punjab 2 2 9 Haryana 3 2 10 UP 113 14 11 Kerala 30 30 Total 353 221

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

57 , ..

.f .. GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 2201

TO BE ANSWERED ON WEDNESDAY, THE 04.03.2020

Setting up of New High Court Bench

2201. SHRI SAPTAGIRI SANKAR ULAKA:

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

a) whether Government is considering providing both financial and technical support for setting up of new High Court benches in the country; b) if so, the details thereof; c) whether one of the reasons for piling up of cases in the States is lack of new courts; d) if so, the details thereof; and e) whether the Ministry has received any proposal from the Odisha Government for setting up new High court in undivided district of Koraput?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD) (a): No Sir.

(b): Does not arise.

58 '. (c) and (d): Pendency of cases arise in courts due to severalfactors which include availability of adequate number of judges, 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 proper application of rules and procedures to monitor, track and bunch hearing of cases.

(e): The State Government of Odisha has requested for setting up of Orissa High Court Bench in Western and Southern region of Odisha. The proposal is however not complete in all respects.

***

59 GO~ ~RNMENTOFINDIA MINISTR .. OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. +2251

TO BE ANSWERED ON WEDNESDAY, THE 4th March, 2020

Pending Rape Cases in Courts +2251. SHRI RAJIV RANJAN SINGH ALIAS LALAN SINGH:

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

(a) whether about one lakh sixty thousand cases related to rape of children and women are pending across the country and if so, the details thereof; (b) whether the Government proposes to establish more than one thousand fast track courts in order to dispose the cases specially rape cases; (c) if so, the State-wise number of such courts being established and the time by which they would start functioning; (d) whether the Government proposes to issue any guidelines for the time bound disposal of cases; and (e) if so, the details thereof?

60 ;-- ...... "

..,. - ...., • ..i.~ ANSWERI - .. MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RA VI SHANKAR PRASAD)

(a to e) In furtherance to The Criminal Law (Amendment) Act, 2018, a Scheme has been fmalized for setting up of 1023 Fast Track Special Courts (FTSCs) across the country for expeditious trial and disposal of pending cases related to Rape and Prevention of Children from Sexual Offences (POCSO) Act, 2012, in a time-bound manner under Centrally Sponsored Scheme. The details of StateslUTs wise proposed FTSCs is given at Annexure-I. So far, Central share of funds amounting to Rs.99.43 Crore has been released during 2019-20 to 27 StateslUTs which have so far consented to setting up of 649 number of FTSCs. As per information received from High

Courts, 195 FTSCs have already been set up till 31st January, 2020. Annexure-II As per information received from High Courts, the status of pending cases

related to Rape and POCSO Act, as on 31st December, 2019 is given at Annexure-III . As per the Scheme of FTSCs, each such Court is expected to dispose 165 cases in a year for which StateslUTs Governments have been kept informed.

***

61 \:1.. ) ·. ",. ANNEXURE-I Lok Sabha USQ No. +2251 for 04/03/2020 , . StateslUTs wise data of proposed Fast Track Special Courts (FTSCs)

S.No. Name ofStatelUT Proposed FTSCs 1 Andhra Pradesh 18 2 Telangana 36 3 AIN Island 01 4 Arunachal Pradesh 03 5 Assam 27 6 Bihar 54 7 Chandigarh 01 8 Chhattisgarh 15 9 Goa 02 10 Gujrat 35 11 Haryana 16 12 Himachal Pradesh 06 13 Jammu & Kashmir 04 14 Jharkhand 22 15 Kamataka 31 16 Kerala 56 17 Madhya Pradesh 67 18 Maharashtra 138 -- 19 Manipur 02 20 Meghalaya 05 21 Mizoram 03 22 Nagaland 01 23 NCTofDelhi 16 24 Odisha 45 25 Punjab 12 26 Rajasthan 45 27 Tamil Nadu 14 28 Tripura 03 29 Uttarakhand 04 30 Uttar Pradesh 218 31 West Bengal 123 Total 1023

62 ANNEXURE-II

Lok Sabha Unstarred Question No. +2251 for 04.03.2020 . - State wise details of No. of Fast Track Special Courts (FTSCs) functional & established for Women and Girl children under the Scheme of FTSCs (January, 2020)

States No.ofFTSCs Madhya Pradesh 56 Chhattisgarh 15 Delhi 16 Tripura 03 Jharkhand 22 Rajasthan 26 Telangana 09 Gujarat 34 Tamil Nadu 14 Total 195

63 •

. .~ ANNEXURE-III . Lok Sabha USQ No. +2251 for 04/03/2020 Status otcases related to rape and PUCSU Act: tAs on 31.12.2UIY)_ S.No. NO. OF CASES PENDING AS ON NAME OF THE STATESIUTS 31.12.2019 1 Andhra Pradesh 3897 2 Assam 6227 3 Arunachal Pradesh 315 4 Mizoram 357 5 Nagaland 89 6 Maharashtra 21691 7 Goa 34 8 Daman & Diu 13 '1 'Dadar & Nazar Haveli 27 10 Chhattisgarh 4159 11 West Bengal 20511 12 Delhi 11418 13 Gujarat 8372 14 Haryana 3707 15 Punjab 1734 16 Chandigarh 113 17 Bihar 13924 18 Himachal Pradesh 1450 , ! 19 J&K 1388 20 Jharkhand 4630 21 Kerala 10958 I 22 Lakshadweep 15 23 Kamataka 6310 24 Madhya Pradesh 19981 r i 25 Meghalaya 864 26 Odisha 9471 27 Rajasthan 11159 28 Sikkim 93 1.'1 ITaml1 Nadu 'illR 30 Tripura 601 31 Telangana 6925 jL IUttar Pradesn t::t::OOA 33 Uttarakhand 1456 Total 244001

64 1

r GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE • ••• DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. +2273

TO BE ANSWERED ON WEDNESDAY, THE 4th March, 2020

Family Courts

+2273. SHRI OMPRAKASH BHUPALSINH alias PAWAN RAJENIMBALKAR:

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

(a) whether the Government is formulating any separate scheme to set up family courts in the country; (b)if so, the details thereof; (c) the details of the action being taken by the Government to set up such family courts in Osmanabad districts in Maharashtra; and (d) the time by which the said courts are likely to be set up?

ANSWER MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD) (a) to (d): The Family Courts Act, 1984 provides for establishment of Family Courts by the State Governments in consultation with the High Courts to promote conciliation and secure speedy settlement of disputes relating to marriage and Contd.....

65 J 2

., family affairs. Setting up of Family Courts IS In. the domain of the State Governments who set up such Courts as per their need and resources In .. consultation with the concerned High Courts. Family Court is functioning at Osmanabad district in Maharashtra w.e.f. 4th February, 2018 as per Government of

Maharashtra notification dated 31st January, 2018.

******

66 ·"

GOVE~MENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

STARRED QUESTION NO. *258

TO BE ANSWERED ON WEDNESDAY, THE 11th March, 2020

Engagement of Consultants

*258. SHRI GAUTHAM SIGAMANI PON: SHRI DHANUSH M. KUMAR:

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

(a)whether the Government proposes to engage Senior Consultants and Consultants on contractual basis for the scheme relating to setting up of 1023 Fast Track Special Courts for speedy disposal of rape and POCSO cases and if so, the details thereof;

(b)the criteria fixed by the Government for appointment as Consultants and their nature of duties;

(d)the period for which they will be engaged and the amount of remuneration proposed to be paid to them;

(e)whether the Union Government has requested all the State Governments to open Fast Track Special Courts for speedy disposal of rape and POCSO cases and if so, number of States that have set up such Fast Track Courts; and

(f) the other steps taken by the Government for speedy disposal of rape cases pending in various courts in the country?

67 •

ANSWER MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (f): A statement is laid on the Table of the House. ***

68 • STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (0 OF LOK SABHA STARRED QUESTION NO. 258 FOR IlT"i1 MARCH, 2020.

(a)to(d): The Government proposes to engage two number of Professional Consultants for monitoring the scheme for setting up of 1023 Fast Track Special Courts (FTSC) across the country. These Consultants should be Law Graduates, having good analytical and communications skills with S-8 years experience in the legal field for the position of Sf. Consultant, and 3-S years experience for the position of Consultant. The proposed remuneration per month is in the range of Rs.l, 00,000 - 1, 2S,000 for Sf. Consultant and Rs. 80,000-1, 00,000 for the position of Consultant. The term of Consultants will be co-terminus with the scheme of FTSC. The advertisement for these positions was published through DAVP in newspapers on 13.02.2020 followed by uploading on the website of Department of Justice. Applications were to be received online upto SthMarch 2020. After following all laid down codal formalities, these two consultants would be engaged.

For proper planning, coordination and monitoring of the above scheme, these two Consultants would undertake regular activities for obtaining data in prescribed formats from concerned High Courts, compile, analyze and evaluate them besides making various reports and appraisals recommending areas needing interventions; conduct inspections; organizing training and outreach campaign etc.

(e): The proposal of Union of India for setting up of 1800 Fast Track Courts (FTCs) during 201S-2020 for dealing specific natured cases of heinous nature, women, children, senior citizens, other vulnerable sections of society and civil cases pending for S years had been endorsed by the 14th Finance Commission. The Commission had urged State Governments to utilize enhanced fiscal space available through tax devolution (32% to 420/0) for the above. Union Government

69 " has also asked states to set up requisite number of FTCs. There are 828 numbers of such FTCs functioning in the country as on 31st Dec, 2019 as per information received from High Courts. In furtherance of The Criminal Law (Amendment) Act, 2018, taking special efforts, the Union Government has finalized a new scheme of FTSC for speedy trial and disposal of cases related to rape and POCSO act and communicated state Governments and Union Territory administrations to open up FTSCs including exclusive POCSO courts in Sep 2019. After receipt of consent from the State Governments! UTs, first installment of central share of funds have so far been released to 27 States/UTs for setting up of 649 FTSCs including 363 exclusive POCSO courts. As per information received from High Courts, 195 such courts have been established, the details of which are given at Annexure-I.

(f): Disposal of cases in courts is within the domain of the judiciary. The Union Government is committed to speedy disposal of cases and reduction in pendency of cases. The National Mission for Justice Delivery and Legal Reforms has adopted many strategic initiatives, including improving infrastructure [court halls and residential units] for Judicial Officers of District and Subordinate Courts, leveraging Information and Communication Technology (lCT) for better justice delivery, filling up of vacant positions of Judges in High Courts and Supreme Court, reduction in pendency through follow up by Arrears Committees at District, High Court and Supreme Court level, emphasis on Alternate Dispute Resoiution (ADR) and initiatives to fast track special type of cases. However, timely disposal of cases in courts also depends on several other factors which, inter-alia, include availability of adequate number of judges, supporting court staff and physical infrastructure, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures to monitor, track and bunch cases for hearing.

70 ,. The central government has enacted The Criminal Law (Amendment) Act, 2018 making the punishment for offences like rape more stringent by including death penalty for rape of a girl below the age of 12 years. The Act also, inter-alia, mandates completion of investigation and trials within 2 months each. Further, in order to ensure that the amendments in law effectively translate at ground level, and to enhance women safety in the country, the Government has undertaken a number of measures for implementation. These include an online analytic tool for police launched on 19th February 2019 called "Investigation Tracking System for Sexual Offences" to monitor and track time-hound investigation in sexual assault

cases 111 accordance with Criminal Law (Amendment) Act 2018; launch of National Database on Sexual Offenders (NDSO) on 20th September 2018 to facilitate investigation and tracking of sexual offenders across the country by law enforcement agencies; sanction of Safe City Projects in phase-I in 8 cities (Ahmedabad, Bengaluru, Chennai, Delhi, Hyderabad, Kolkata, Lucknow and Mumbai) under Nirbhaya Fund for using technology to aid smart policing and safety management; and steps taken to improve investigation by strengthening DNA analysis units in Central and State Forensic Science Laboratories, which includes setting up of a State-of-the-Art DNA Analysis Unit in Central Forensic Science Laboratory, Chandigarh. Guidelines have been notified for collection of forensic evidence in sexual assault cases and the standard composition in a sexual assault evidence collection kit. For building adequate capacity in manpower, training and skill building programs for Investigation Officers, Prosecution Officers and Medical Officers have commenced. ***

71 Annexure-1 State wise details of No. of Fast Track Special Courts (FTSCs) established for Women and Girl children under the Scheme of FTSCs (January 2020)

States No.ofFTSCs Madhya Pradesh 56 Chhattisgarh 15 Delhi 16 Tripura 03 Jharkhand 22 Rajasthan 26 Telangana 09 Gujarat 34 Tamil Nadu 14 Total 195

72 i .:

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 2764

TO BE ANSWERED ON WEDNESDAY, THE 11.03.2020

Posts of Judges Vacant in High Court

t2764. SHRI VINAYAK RAUT: SHRI BANDI SANJAY KUMAR: SHRI KOMATI REDDY VENKAT REDDY: DR. G. RANJITH REDDY:

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

(a) whether a large number of Judges vacancies in High Courts including High Court of Telangana and Maharashtra; (b) if so, the time since when these posts are lying vacant and the reasons therefor; (c) the steps taken/proposed to be taken by the Government to fill these vacant posts in a time-bound manner;and (d) whether preference is given from the eligible candidatesfrom their respective States and if so, the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

------. ·~.i

(a) to (d): As on 01.03.2020, against a sanctioned strength of 24 there is a vacancy of 11 Judges in Telangana High Court and, against a sanctioned strength of 94 judges, there are 23 vacancies of Judges in the Bombay High Court.

As per the Memorandum of Procedure, for the appointment of Judges of High Court, the Chief Justice of the High Court is required to initiate the proposals in consultation with two senior-most Judges from amongst the eligible candidates from the Bar and concerned State Judicial Service six months prior to the occurrence of vacancies. Filling up of vacancies is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various constitutional authorities both at the State and Centre level. Hence, the time frame for filling up vacancies of Judges cannot be indicated. While every effort is made to fill up the existing vacancies expeditiously, vacancies do keep on arising on account of retirement, resignation or elevation of Judges and increase in Judge Strength. ***

74 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. t2770

TO BE ANSWERED ON WEDNESDAY, THE 11TH MARCH, 2020

Village Courts t2770. SHRI SUDHAKAR TUKARAM SHRANGARE: SHRI DEVJI M. PATEL: MS. PRATIMA BHOUMIK:

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

(a) the total number of village courts functioning in the country including Rajasthan and Tripura;

(b) the structure of the said village courts along with the details of the scope and process to file appeal; and

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a): As per information available 353 Gram Nyayalayas have been notified so far by eleven States, out of which 221 are operational. The State-wise details of number of Gram Nyayalayas notified and operational, including State of Rajasthan, are given as under:

SI. Name of the State Gram Nyayalyas Gram Nyayalayas No. Notified operational 1 Madhya Pradesh 89 87 2 Rajasthan 45 45 3 Karnataka 2 0 4 Orissa 22 16 5 Maharashtra 39 24 6 Jharkhand 6 1 7 Goa 2 0 8 Punjab 2 2

75 -_ 9 Haryana 3 2 • , 10 Uttar Pradesh 113 14 11 Kerala 30 30 Total 353 221 o Gram Nyayalaya has been notified or operational in the State of Tripura.

(b): Section 3 (3) of the Gram Nyayalayas Act, 2008 provides that Gram Nyayalayas shall be in addition to the ordinary courts established under any other law for the time being in force. For every Gram Nyayalaya, the State Government shall in consultation with the High Court appoint a Nyayadhikari in terms of Section 3(5) of the above Act. The provisions of appeals from any judgment, sentence or order of a Gram Nyayalaya in criminal cases and civil cases is laid down in Sections 33 and 34 of the said Act which is placed at Annexure. Gram Nyayalayas shall deemed to be a Court of Judicial Magistrate of the First Class and exercise both civil and criminal jurisdiction to the extent provided under the Act. The Nyayadhikari periodically visit the villages under his jurisdiction to hold mobile courts and conduct proceedings.

(c): As per Section 3(1) of the Act, the State Government, after consultation with the respective High Court may, by notification, establish one or more Gram Nyayalayas for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State, for group of contiguous Gram Panchayats. The Central Government has no role in establishment of the Gram Nyayalayas. However, 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 ih April, 2013. It was decided in the Conference that the State Governments and High Courts should decide the question of setting up of Gram Nyayalayas wherever feasible, taking into account the local issues and situation. It is, therefore, upto State Governments and High Courts to set up Gram Nyayalayas accordingly. **********

76 Annexure

«: Extract of Gram Nyayalaya Act, 2008 referred to Lok Sabha Unstarred Question No. t2770 for Reply on 11.03.2020

33. (1) Notwithstanding anything contained in the Code of Criminal 2 of 1974 Appeal in Procedure, 1973 or any other law, no appeal shall lie from any judgment, criminal cases. sentence or order of a Gram Nyayalaya except as provided hereunder. (2) No appeal shall lie where- (a) an accused person has pleaded guilty and has been convicted on such plea; (b) the Gram Nyayalaya has passed only a sentence of fine not exceeding one thousand rupees. (3) Subject to sub-section (2), an appeal shall lie from any other Judgment,sentence or order of a Gram Nyayalaya to the Court of Session. (4) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment, sentence or order of a Gram Nyayalaya: Provided that the Court of Session may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (5) An appeal preferred under SUb-section(3) shall be heard and disposed of by the Court of Session within six months from the date of filing of such appeal. (6) The Court of Session may, pending disposal of the appeal, direct the suspension of the sentence or order appealed against. (7) The decision of the Court of Session under sub-section (5) shall be final and no appeal or revision shall lie from the decision of the Court of Session: Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution.

Appeal in civil 34. (1) Notwithstanding anything contained in the Code of Civil 5 of 1908 cases Procedure, 1908 or any other law, and subject to sub-section (2), an appeal shall lie from every judgment or order, not being an interlocutory order, of a Gram Nyayalaya to the District Court.

77 ------(2) No appeal shall lie from any [udqrnent or order passed by the '. Gram Nyayalaya- (a) with the consent of the parties;

(b) where the amount or value of the subject matter of a suit, claim <, or dispute does not exceed rupees one thousand; (c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed rupees five thousand. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Gram Nyayalaya: Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (4) An appeal preferred under sub-section (1) shall be heard and disposed of by the District Court within six months from the date of filing of the appeal. (5) The District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against. (6) The decision of the District Court under sub-section (4) shall be final and no appeal or revision shall lie from the decision of the District Court: Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution. **********

78 GOVERNMENT OF INDIA_ MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 2783 TO BE ANSWERED ON WEDNESDAY, THE 11th MARCH, 2020

Pending Court Cases

2783. SHRIMATI MAHUA MOITRA:

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

(a) the total pending litigations in the Supreme Court where appeals have been filed by the Central Government and State Government entities along with the details of civil and criminal cases pending; and (b) the total pending litigations between Central Government entities?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) : As per the information provided by the Supreme Court, total 60,603 cases are pending in Supreme Court, out of which 49,088 are Civil matters and 11,515 are Criminal matters as on 03.03.2020. Total number of pending appeal cases filed by Central Government and State Government is 9458, out of which Civil cases are 7195 and Criminal cases are 2263.

(b): All the Central Government Ministries and Departments update data on pending litigations involving them on the web-portal created by Department of Legal Affairs, namely, Legal Information Management and Briefing System (LIMBS). As per the

79 ------.-- ': ::. ,. information available on LIMBS portal, details of cases involving Ministriesl Departments of the Central Government entities pending in various courts are as given below: Number of cases pending. Court 14,108 Supreme Court 1,41,001 High Courts 2,76,750 District I Subordinate Courts I Tribunals I Forums etc. 4,31,859 Total

However, no data as such is maintained in respect of pending litigations between Central Government entities.

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

80 •

GOVERNMENT OF INDIA MINISTRY OF lAW & JUSTICE DEPARTMENT OF JUSTICE

lOKSABHA

UNSTARRED QUESTION NO. 2790 TO BE ANSWERED ON WEDNESDAY, THE 11th MARCH, 2020

Indian Judicial Service

2790. SHRI D. M. KATHIR ANAND:

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

(a) whether the Government is planning to bring Indian Judicial services for tribunals and special courts and if so, the details thereof; (b) the current status of the proposal to set up an All India Judicial Service for appointment of judges along with the time by which it is likely to be formed; (c) whether the Government proposes to bring in a law which would provide a time-frame to the courts to deliver judgements on matters pending before them and to get rid of the alleged corruption prevalent in judiciary; (d) whether the Government propose to conduct Common law Admission Test (ClAT) by National Testing Agency (NTA); and (e) if so, the details thereof and if not, the reasons therefor?

ANSWER MINISTER OF lAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) and (b) : In Government's view, a properly framed All India Judicial Service is important to strengthen overall justice delivery system. This will give an opportunity for induction of suitably qualified fresh legal talent selected through a proper all-India merit

81 ,. , -: selection system as well as address the issue of social inclusion by enabling suitable representation to marginalized and deprived sections of society.

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. Besides attracting some of the best talent in the country, it may also facilitate inclusion of competent persons from marginalized sections and women in the judiciary. 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 the issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. There was divergence of opinion among the State Governments and among the High Courts on the constitution of All India Judicial Service. While some State Governments and High Courts favoured the proposal, some were not in favour of creation of All India Judicial Service while some others wanted changes in the proposal formulated by the Central Government.

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

82 ...

,~ .

provisions of AIJS included in the Constitution of India. The State Governments of Bihar, Chhattisgarh, Manipur, Orissa and Ultarakhand want changes in the proposal formulated by the Central Government. The State Government of Haryana has stated that the proposalseems to be justified. The State Government of Mizoram supported creation of AIJS on the lines of lAS, IPS and other Central Services. The then State of Jammu and Kashmir has mentioned that provisions of Constitution of India for formation of AIJS incorporated in the Constitution by 42"d Amendment Act, 1976 are not applicable to the State of Jammu and Kashmir. No response has yet been received from rest of the States.

The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judges I judicial officers at all level was also included in the agenda for the Chief Justices

Conference, which was held on 03rd and 04th April, 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expeditiously. The proposal for constitution of All India Judicial Service with views from the High Courts and State Governments received thereon was included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of the High Courts held on os" April, 2015. However, no progress was made on the subject.

The proposal of setting up of an All India Judicial service was again discussed on points of eligibility, age, selection criteria, qualification, reservations etc in a meeting

chaired by Minister of Law and Justice on 16th January 2017 in the presence of Minister of State for Law and Justice, Attorney General of India, Solicitor General of India, Secretaries of Department of Justice, Legal affairs and Legislative Department. In view of the existing divergence of opinion amongst the stakeholders the Government is engaged in a consultative process with the stakeholders to arrive at a common ground.

(c): No, Sir.

(d) and (e): No Sir. Does not arise.

83 · .

GOVERNMENTOF INDIA ,...I t\'\ MINISTRYOF LAW & JUSTICE DEPARTMENTOF JUSTICE

LOKSABHA

UNSTARREDQUESTIONNO. 2791

TO BE ANSWEREDON WEDNESDAY,THE 11thMARCH,2020

Delay in Justice

+ 2791. SHRI NARANBHAI KACHHADIYA: SHRIJASWANT SINGH BHABHOR: SHRI PARBATBHAISAVABHAI PATEL: SHRI PRADEEP KUMAR SINGH: SHRISHANTANUTHAKUR: SHRI NISITHPRAMANIK:

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

(a) whether the delay in verdicts of the cases in the courts is like justice denied and the number of pendency of judicial cases, is increasing in different courts; (b) if so, the details thereof particularly in West Bengal; (c) whether the consumption of the resources involved in this regard also rise and the people have to face problems; and (d) the corrective measures taken and the alternatives to be considered by the Government in this regard?

84 ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (d): As per the available information and data available on the National Judicial Data Grid (NJDG), details of pending cases in Supreme Court, various High Courts, District and Subordinate Courts of the country and District and Subordinate Courts in the State of West Bengal is given at Annexure.

Disposal of cases in courts is within the domain of judiciary. Timely disposal of cases in courts depends on several factors which, inter-alia, include availability of adequate number of judges, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures. However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases. National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 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 computerization, 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 major steps taken during the last five years under various initiatives are as follows: (a) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 7,453.10 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94. Out of this, Rs.4,008.80 crores (which is 53.79% of the

85 total amount released till date) have been released to the States and UTs since April, 2014. The number of court halls has increased from 15,818 as on 30.06.2014 to 19,694 as on 29.02.2020 and number of residential units has increased from 10,211 as on 30.06.2014 to 17,432 as on 29.02.2020 under this scheme. In addition, 2,814 court halls and 1,843 residential units are under

construction. (b) Leveraging Information and Communication Technology (lCT) for improved justice delivery: Government has been implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement of district and subordinate courts. Number of computerized District & Subordinate courts has increased from 13,672 to 16,845 registering an increase of 3,173 during 2014 till date. New and user-friendly version of Case Information Software has been developed and deployed at all the computerized District and Subordinate Courts. All stakeholders including Judicial Officers can access information relating to judicial proceedings/decisions of computerized District & Subordinate Courts and High Courts on the National Judicial Data Grid (NJDG). Currently, case status information in respect of over 13.13 crore pending and disposed cases and more than 11.46 crore orders / judgments pertaining to these computerized courts is available on NJDG. eCourts services such as details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. (c) Filling up of vacant positions in Supreme Court. High Courts and District and §ubordinate Courts: From 01.05.2014 to 29.02.2020, 35 Judges were appointed in Supreme Court. 522 new Judges were appointed and 443 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1079 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows:

86 As on Sanctioned Strength -. Working Strength 31.12.2013 19,518 15,115 29.02.2020 24,018 19,160

Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.

87 '..... ,

released to these States by the Government. Further, Govemment has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC and crimes ... under POCSO Act. As on date, 27 States/UTs have joined the scheme for setting up of 649 FTSCs including 363 exclusive POCSO courts. RS.99.43 crore (out of the total allocation of RS.100 crore) has already been released as the first instalment for FTSCs. (g) In order to reduce pendency and unclogging of the courts the Government has recently amended various laws like the Negotiable Instruments ( Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018. ************

88 Annexure

Details of Pending cases in Supreme Court:

~- Court Civil Criminal Total Civil Criminal Total pending Pending cases cases Supreme 46,860 10,134 56,994 - 49,088 11,515 60,603 Court (As on (As on 01.12.2018) 03.03.2020) Details of Pending cases in High Courts:

Civil Crimin Writ Total Civil Crimi Writ Total al nal High Courts 24.38 13.26 12.13 49.791akhs 19.23 13.24 13.67 46.151akhs lakhs lakhs lakhs (As on lakhs lakhs lakhs ( As on 21.12.2018) 29.02.2020) Details of Pending cases in District & Subordinate Courts in the countrl:

Civil Criminal Total Civil Criminal Total I District and 84.59 207.651akhs 2.92 Crore 89.64 229.631akhs 3.19 Grore I Subordinate lakhs (As on lakhs (As on I Courts 26.12.2018) 29.02.2020) l~-- ...... --- 1 Details of Pending cases In Distract & Subordinate Courts In West Bengal.

Civil Criminal Total Civil Criminal Total District and 4,93,021 14,57,471 19,50,492 5,05,168 15,43,529 20,48,697 Subordinate (As on (As on Courts of west 31.12.2018) 31.12.2019) I Bengal **************

89 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. 2856

TO BE ANSWERED ON WEDNESDAY, THE 11th March, 2020

Special Court to deal with Crime against Women

2856. SH. RAJAAMARESHWARA NAIK: DR. JAYANTA KUMAR ROY: SHRIMATI SANGEETA KUMARI SINGH DEO; SH. BHOLA SINGH: SH.VINOD KUMAR SONKAR: DR. SUKANTA MAJUMDAR

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

(a)whether the Special courts dealing with the crimes against children and women are functioning in the country and if so, the details thereof;

(b)the number of such courts including number of cases pending/disposed of by these courts during the last three years, State-wise;

(c)whether the Government proposes to set up dedicated courts to deal with cases of crimes against women;

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

(e)whether the Government also intends to appoint women judges/prosecutors in such courts and if so, the details thereof; and

(f) the other steps being taken by the Government in this regard?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

90 (a) & (b): Setting up of subordinate courts including special courts come within the domain of State Governments in consultation with respective High Courts. The proposal of Union of India for setting up of 1800 Fast Track Courts (FTCs) during 2015-20 had been endorsed by the 14th Finance Commission for dealing specific nature cases related to heinous nature, Women, Children, Senior Citizen etc and Civil Cases pending for five years. There are 828 numbers of such Fast Track Courts functioning in the country as on 31-12-2019 as per information received from High Courts. The State-wise details of functional FTCs for the last three years is placed at Annexure.

(c) to (e): In furtherance to The Criminal Law (Amendment) Act, 2018, Government has finalized a Scheme for setting up of 1023 Fast Track Special Courts (FTSCs) across the country for expeditious trial and disposal of pending cases pertaining to Rape and Prevention of Children from Sexual Offences (POCSO) Act, 2012, in a time-bound manner under Centrally· Sponsored Scheme. So far, after receipt of consent from 27 StateslUTs, Central share of Funds amounting to Rs.99.43125 Cr has been released to these 27 StateslUTs for setting up of 649 numbers of FTSCs including 363 exclusive POCSO courts. The Scheme of FTSC does not envisage appointment of women judges/prosecutors in such courts.

(f): Government has taken many other steps. The Criminal Law (Amendment) Act, 2018 was enacted to prescribe even more stringent penal provisions including death penalty for rape of girl child below 12 years and completion of investigation and trials within 2 months each; Emergency Response Support System; use of technology to aid smart policing and safety management; Safe city projects; launching of online analytic tools like the" National Data Base on Sexual Offenders" (NDSO); "Investigation

91 Tracking System for Sexual Offences", strengthening DNA analysis units in

_-_, Central and State Forensic Science Laboratories, notification of guidelines for collection of forensic evidence in sexual assault cases and the standard composition in a sexual assault evidence collection kit; setting up of women Helpdesk in Police Stations in StateslUTs and 'Anti-Human Trafficking Units'

***

92 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 2860

TO BE ANSWERED ON WEDNESDAY, THE 11TH MARCH, 2020

Use of Local Language in Courts t2860. SHRI SADASHIV KISAN LOKHANDE:

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

(a) whether the Government has made arrangement of debate in local language in Maharashtra High Court and other district courts of Maharashtra; (b) if so, the details thereof; (c) if not, the reasons therefor and the reaction of the Government thereto; and . (d) the corrective steps taken by the Government in this regard?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a): No, Sir.

(b): Does not arise.

(c): Central Government has not received any request under Article 348(2) and Section 7 of the Official Languages Act, 1963 from the concerned State.

(d): Does not arise.

93 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

. LOKSABHA

UNSTARRED QUESTION NO. t2909

TO BE ANSWERED ON WEDNESDAY, THE 11TH MARCH, 2020

Infrastructure Facility in Judiciary t2909. DR. BHARATI PRAVIN PAWAR:

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

(a) whether the Government has implemented the centrally sponsored scheme to develop infrastructure facilities for Judiciary in Maharashtra;

(b) if so, the details thereof; (c) the funds allocated/released to the State Government of Maharashtra by the Union Government and the funds utilised under the said scheme during the last three years; and (d) the extent to which the Judicial infrastructure has improved in Jharkhand till date and the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) & (b): The Union Government has been implementing a Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary by providing financial assistance to State Governments / UTs in the prescribed fund sharing pattern between Centre and States. The Scheme is being implemented since 1993- 94. It covers the construction of court buildings and residential accommodations for Judicial Officers of District and Subordinate Judiciary. Till date, Central Government has sanctioned Rs. 7,453 crore to States/UTs since the inception of the Scheme. Out of this, Rs. 680.84 crore has been sanctioned to the State Government of Maharashtra.

(c): The Status of funds released by the Central Government under the Scheme and the amount of Utilization Certificates submitted by the State Government of

94 Maharashtra against the funds released during the last three years and the current .., ...., financial year is as follows: . (In Rs. crore) Amount of Utilization ~tate Funds released during ~O16-17 ;2017-18 . [2018-19 ~019-20 (as Certificate(s) pn 6.3.2020) furnished for the funds released since 2016-17. 118.41 Maharashtra 49.75 50.00 10.58 21.09

(d): The primary responsibility of development of Infrastructure facilities for judiciary rests with the State Government to augment the resources of the State Governments. The funds are released under the Scheme for construction of court buildings and residential accommodations for Judicial Officers of District and Subordinate Judiciary. As per information available, the number of court halls in Jharkhand has increased from 598 in 2017 to 640 as on 06.03.2020. Similarly, the number of residential units for Judicial Officers in Jharkhand has increased from 460 in 2017 to 567 as on 06.03.2020. In addition, presently 21 court halls and 63 residential units are under construction in the State of Jharkhand. ************

95 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 2916 TO BE ANSWERED ON WEDNESDAY, THE 11thMARCH, 2020

Affordable Justice

.,. 2916. SHRI KHAGEN MURMU: SHRI AJAY KUMAR MISRA TENI:

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

(a) whether the Government proposes to increase the existing number of courts for providing affordable and speedy justice to the people in the country; (b) if so, the State-wise and location-wise details thereof;and (c) if not, the reasons therefor?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a): The appointment of Judges and Judicial Officers in the District and Subordinate Courts falls within the domain of the High Courts and State Governments concerned in which the Central Government has no role. As per information made available by the High Courts and respective State Governments, sanctioned strength of Judges of District / Subordinate Courts has increased from 20,214 in the year 2014 to 24,018 as on 29.02.2020. The working strength of Judges of District and Subordinate Courts is

96 increased from 15,634 in the year 2014 to 19,160 as on 29.02.2020. The State I UT• wise details of sanctioned I working strength of Judges ofDlstrict I Subordinate Courts are given in a Statement at Annexure.

(b) and (c): Does not arise.

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

97 .,

Annexure Sanctioned Strength I Working Strength and vacancies in.Subordinate Courts as on 29.02.2020 SI.No. States & 'Uts Total Sanctioned Total Working Total Strength Strength Vacancy 1 Andaman and Nicobar 0 13 -13 2 Andhra Pradesh 599 526 73 3 Arunachal Pradesh 41 27 14 4 Assam 441 409 32 5 Bihar 1925 1437 488 6 Chandigarh 30 29 1 7 Chhattiscarh 480 393 87 8 D & N Haveli 3 3 0 9 Daman & Diu 4 3 1 10 Delhi 799 678 121 11 Goa 50 40 10 12 Gujarat 1521 1183 338 13 Haryana 772 475 297 14 Himachal Pradesh 175 163 12 15 Jammu and Kashmir 290 232 58 16 Jharkhand 677 458 219 17 Karnataka 1346 1098 248 18 Kerala 536 456 80 19 Lakshadweep 3. 3 0 20 Madhya Pradesh 2021 1651 370 21 Maharashtra 2189 1940 249 22 Manipur 55 41 14 23 Meghalaya 97 49 48 19 24 Mizoram 64 45 .-- 7 25 NaQaland 33 26 26 Odisha 920 771 149 27 Puducherry 26 11 15 28 Punjab 675 577 98 29 Rajasthan 1428 1119 309 30 Sikkim 25 19 6 31 Tamil Nadu 1257 1080 177 32 Telanqana 474 383 91 33 Tripura 120 95 25 34 Uttar Pradesh 3634 2581 1053 35 Uttarakhand 294 228 66 36 West Bengal 1014 918 96 TOTAL TOTAL 24018 19160 4858

98 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSnCE ****** LOK SABHA UNSTARRED QUESTION NO 2925 TO BE ANSWERED ON WEDNESDAY, THE 11thMARCH, 2020 Free and Prompt Justice t2925. SHRI MANSUKHBHAI DHANJIBHAI VASAVA: SHRI CHHATAR SINGH DARBAR:

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

(a) whether there is any proposal from the Government to ensure free and prompt justice to the poor and middle-class people;

(b) if so, the details thereof;

(d) if so, the details thereof?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) and (b) The Legal Services Authorities (LSA) Act, 1987 provides free and

competent legal services to the weaker sections of the society including

beneficiaries covered under Section 12 of the Act to ensure that opportunities for

securing justice are not denied to any citizen by reason of economic or other

disabilities, and .to organize Lok Adalats to secure that the operation of the legal

system promotes justice on a basis of equal opportunities.

99 ..... For this purpose, the Legal Services Institutions have been setup at all levels from the level of Taluk Courts to the Supreme Court. During the period from April, 2019 to

December, 2019, 8.96 lakhs persons have been provided with free legal services and 56.19 lakhs cases (pending in courts as well as disputes at pre-litigation stage) have been settled amicably through Lok Adalats.

In addition, Nyaya Sandhu (Pro-bono) programme under 'Access to Justice' Scheme provides a platform for linkage of beneficiaries covered under Section 12 of LSA Act with Pro-bono lawyers. Pre-litigation advice mechanism also exists under 'Tele-Iaw' programme, wherein free legal advice is provided to beneficiaries covered under

Section 12 of LSA Act & others with payment of Rs. 30/- per consultation at

Common Service Centre (CSC) in the village.

(d) Does not arise.

***********

100 ...... GOVERNMENT OF INDIA _ ... MINISTRY OF LAW & JUSTICE .' DEPARTMENT OF JUSTICE

. , LOKSABHA

UNSTARRED QUESTION NO. 2948 TO BE ANSWERED ON WEDNESDAY, THE 11th MARCH, 2020

Committee for Judicial Reforms

+2948. DR. RAMAPATI RAM TRIPATHI:

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

(a) whether the committee constituted for judicial reforms has submitted its report to the Government; (b) if so, the details thereof and the findings and recommendations of the committee in this regard; (c) if not, the reasons for delay in this regard; and (d) the steps being taken by the Government to make the judicial system more effective and ensure urgent hearings of the criminal acts?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (c): National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 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.

To advise on the goals, objectives and strategies of the National Mission and the Action Plan and its implementation, an Advisory Council has been set up under the

101 ------___J_ ...,. . Chairmanship of Minister of Law and Justice with wide ranging membership. An action .- plan of the National Mission was formulated under 5 strategic initiatives which are ." reviewed by the Advisory Council of the National Mission from time to time. Eleven . meetings of the Advisory Council have been held so far. Activities under the National . Mission are of an on-going nature and regular reports are presented before the Advisory Council of the National Mission.

(d): Hearings and disposal of cases in courts is within the domain of the judiciary. Government has no role in hearings of cases in courts. However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases. The major steps taken during the last five years under various initiatives are as follows: (a) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 7,453.10 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94. Out of this, Rs.4,008.80 crores (which is 53.79% of the total amount released till date) have been released to the States and UTs since April, 2014. The number of court halls has increased from 15,818 as on 30.06.2014 to 19,694 as on 29.02.2020 and number of residential units has increased from 10,211 as on 30.06.2014 to 17,432 as on 29.02.2020 under this scheme. In addition, 2,814 court halls and 1,843 residential units are under construction. (b) Leveraging Information and Communication Technology (ICT) for improved justice delivery: Government has been implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement of district and subordinate courts. Number of computerized District & Subordinate courts has increased from 13,672 to 16,845 registering an increase of 3,173 during 2014 till date. New and user-friendly version of Case Information Software has been developed and deployed at all the computerized District and Subordinate Courts. All stakeholders including JUdicial Officers can access information relating to judicial proceedings/decisions of computerized

102 . ,

- .. District & Subordinate Courts and High Courts on the-National Judicial Data Grid (NJDG). Currently, case status information in respect of over 13.13 crore pending .. and disposed cases and more than 11.46 crore orders I judgments pertaining to these computerized courts is available on NJDG. eCourts services such as details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. (c) Filling up of vacant positions in Supreme Court, High Courts and District and Subordinate Courts: From 01.05.2014 to 29.02.2020, 35 Judges were appointed in Supreme Court. 522 new Judges were appointed and 443 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1079 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows: As on Sanctioned Strength Working Strength 31.12.2013 19,518 15,115 ~.02.2020 24,018 19,160

Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.

(d) Reduction in Pendency through I follow up by Arrears Committees: In pursuance of resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in High Courts to clear cases pending for more than five years. Arrears Committees have been set up under District Judges too. Arrears Committee has been constituted in the Supreme Court to formulate steps to reduce pendency of cases in High Courts and District Courts. (e) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015 (as amended on zo" August, 2018) stipulates mandatory pre-institution

103__ J , .

mediation and settlement of commercial disputes. Amendment to the Arbitration ,. - and Conciliation Act, 1996 has been made by the Arbitration and Conciliation _, (Amendment) Act 2015 for expediting the speedy resolution of disputes by prescribing timelines. (f) Initiatives to Fast Track Special Type of Cases: The Fourteenth Finance Commission endorsed the proposal of the Government to strengthen the judicial system in States which included, inter-alia, establishing Fast Track Courts for cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the State Governments to use the additional fiscal space provided in the form of enhanced tax devolution form 32% to 42% to meet such requirements. As on 31.12.2019, 828 Fast Track Courts are functional for heinous crimes, crimes against women and children, family and matrimonial disputes, etc. To fast track criminal cases involving elected MPs I MLAs, ten (10) Special Courts are functional in nine (9) States/UTs (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi) and proportionate funds have been released to these States by the Government. Further, Government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 27 States/UTs have joined the scheme for setting up of 649 FTSCs including 363 exclusive POCSO courts. Rs.99.43 crore (out of the total allocation of Rs.100 crore) has already been released as the first instalment for FTSCs. (g) In order to reduce pendency and unclogging of the courts the Government has recently amended various laws like the Negotiable Instruments ( Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018.

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

104 •

._ GOVERNMENT OF INDIA .- MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 2953

TO BE ANSWERED ON WEDNESDAY, THE 11.03.2020

High Court Benches in UP

t2953. SHRI BHANU PRATAP SINGH VERMA:

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

(a) whether the Government has formulated any proposal to make the legal system strong and easily available in the country and if so, the details thereof; (b) whether the Government has sanctioned a new bench of Allahabad High Court in Uttar Pradesh; (c) if so, the action taken so far in this regard; and (d) whether the Government has any scheme to increase the number of benches of High Courts particularly in Uttar Pradesh which is most populous State where people have to travel a long distance to have hearing of their pending cases in the concerned High Court and if so, the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

105 •

" (a): The Governmenthas set up a National Missionfor Justice Deliveryand _. Legal Reforms in August, 2011 with the twin objectives of increasing - .

access to reduce 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-engineeringof court procedurefor quick disposal of cases and emphasis on human resource development.

(b): No Sir.

(c): Does not arise.

(d): No Sir. High Court Benches, at a place other than its Principalseat are established in accordancewith the recommendationsmade by the Jaswant Singh Commissionand judgment pronouncedby the Apex Court in W.P.(C) No.379 of 2000 and after due consideration of a complete proposal from the State Government incorporatingreadiness to provide infrastructureand meet the expenditure, alongwith the consent of the Chief Justice of the concerned High Court and the consent of the Governor of the concerned State. At present, no complete proposalfrom the State Governmentof Uttar Pradesh, regarding setting up of a Bench of the High Court is pending with the Government.

106 ..

G.OVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE ·.... DEPARTMENT OF JUSTICE ****** LOK SABHA UNSTARRED QUESTION NO 2970 TO BE ANSWERED ON WEDNESDAY, THE 11th MARCH, 2020 Speedy Justice

t2978. SHRIMATI ANNPL!RNA DEVI:

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

(a) whether the Government has not been successful in providing speedy justice as written in Article 39A of the constitution;

(b) the reaction of the Government thereto;

(c) the reasons for the Government not being successful in achieving the objective of Article 39A of the Constitution; and

(d) the efforts made to remove the said problem?

ANSWER·

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (d) Article 39-A of the Constitution provides that the State shall secure that the

operation of the legal system promotes justice on the basis of equal opportunity, and

shall in particular, provide free legal aid, by suitable legislation or schemes or in any

other way, to ensure that opportunities for securing justice are not denied to any

citizen by reason of economic or other disabilities.

The Legal Services Authorities (LSA) Act, 1987 provides free and

competent legal services to the weaker sections of the society including

beneficiaries covered under Section 12 of the Act to ensure that opportunities for

107 , .

securing justice are not denied to any citizen by reason of economic or other

disabilities, and to organize Lok Adalats to secure that the operation of the legal

system promotes justice on a basis of equal opportunities,

For this purpose, the legal services institutions have been setup from the

Taluk Court level to the Supreme Court. During the period from April, 2019 to

December, 2019, 8.96 lakhs persons have been provided with free legal services and 56.19 lakhs cases (pending in courts and disputes at pre-litigation stage) have been settled through Lok Adalats.

In addition, the Government has launched Nyaya Bandhu (Pro-bono) programme to link the persons eligible to avail free legal aid under Section 12 of LSA

Act, 1987 with the pro-bono lawyers. Tele-Law programme has been launched to provide legal advice to public including persons entitled for free legal aid under

Section 12 of LSA Act, 1987, at pre-litigation stage by the Panel lawyers through the

Common Service Centre (CSC) at the villages.

********

108 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE .. DEPARTMENT OF JUSTICE ****** .y LOK SABHA UNSTARRED QUESTION NO 3934 TO BE ANSWERED ON WEDNESDAY, THE is" MARCH, 2020 Lok Adalats

3934.DR. SHRIKANT EKNATH SHINDE: SHRI DHAIRYASHEEL SAMBHAJIRAO MANE: DR. SUJAY RADHAKRISHNA VIKHE PATIL: SHRI HEMANT SRIRAM PATIL: SHRI UNMESH BHAIYYASAHEB PATIL:

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

(a) whether Government has proposed to set up more Lok Adalats in the country to clear pending cases in High Courts and Lower Courts;

(b) if so, the details thereof along with the number of Lok Adalats presently functioning in various States;

(d) the extent to which it has reduced the number of pending cases in High Courts and Lower Courts?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (c) Lok Adalat is an important Alternative Disputes Resolution Mechanism

available to common people. It is a forum where the disputes/cases pending in

the court of law or at pre-litigation stage are settled/compromised amicably.

Under the Legal Services Authorities (LSA) Act, 1987, an award made by a Lok

Adalat is deemed to be a decree of a civil court and is final and binding on all

parties and no appeal lies against thereto before any court. In order to reduce the

pendency of cases in courts and also to settle the disputes at pre-litigation stage,

109 Lok Adalats are organized by Legal Services Institutions at such intervals as it .. deems fit. Lok Adalat is' not a permanent establishment. However, as per Section

'. 19 of the LSA Act, Lok Adalats are organized by Legal Services Institutions as

per requirement. National Lok Adalats are organized simultaneously in all Taluks,

Districts and High Courts on a pre-fixed date.

In addition, Section 228 of the LSA Act also provides for establishment of

Permanent Lok Adalat by every State Authority to deal with cases of public utility

services at pre-litigation stage. 337 Permanent Lok Adalats are functioning in

various States & UTs. State-wise Permanent Lok Adalats and cases settled is at

Annexure-A. State-wise cases settled (both at pre-litigative stage and pending

cases) by Regular Lok Adalats and National Lok Adalats during the last three

years is at Annexure 8 and C respectively.

(d) During last three years, Regular Lok Adalats have settled 20,00,437 cases and

National Lok Adalats have settled 81,55,052 cases pending in High Courts and

Lower Courts.

********

110 Annexure-A Statement as referred to in reply to the Lok Sabha Unstarred Question No. 3934 for 18.03.2020 raised by Dr. Shrikant Eknath Shinde & Ors. -Lok Adalats A statement containing the number of cases settled in Permanent Lok Adalats (Public Utility Services) during the last three financial years 2017-18,2018-19 and 2019-20 (upto December, 2019) Cases Settled PLAs S.No SLSA 2017-18 2018-19 2019-20 (upto Functioning Dec., 2019) 1 Andaman & Nicobar 1 1 1 0 Islands 2 Andhra Pradesh 9 1404 1805 1317 3 Arunachal Pradesh 0 0 0 0 4 Assam 20 312 99 34 5 Bihar 9 78 491 521 6 Chhattisgarh 5 163 122 67 7 Dadra & Nagar Haveli 0 0 0 0

8 Daman & Diu 0 0 0 0 9 Delhi 2 11922 18897 14376 10 Goa 2 93 107 57 11 Gujarat 4 439 365 110 12 Haryana 21 40966 39930 37213 13 Himachal Pradesh 4 75 70 95 14 Jammu & Kashmir 0 0 0 0 15 Jharkhand 24 3137 6414 8649 16 Karnataka 6 8673 4014 4547 17 Kerala 3 818 544 298 18 Lakshadweep 0 0 0 0 19 Madhya Pradesh 50 12094 951 378 20 Maharashtra 4 10089 2981 2848 21 Manipur 0 0 0 0 22 Meqhalaya 0 0 0 0 23 Mizoram 2 0 0 0 24 Nagaland 0 0 0 0 25 Odisha 18 1583 1352 1424 26 Puducherry 0 0 0 0 27 Punjab 22 19626 9427 6723 28 Rajasthan 35 3208 4423 4095 29 Sikkim 0 0 0 0 30 Tamil Nadu 32 0 0 20 31 Telengana 6 4856 6243 2128 32 Tripura 6 49 245 177 33 Chandigarh 1 3205 1653 514 34 Uttar Pradesh 47 1663 2340 1007 35 Uttarakhand 4 5 151 282 36 West Bengal 0 0 0 0 Grand Total 337 124459 102625 86880

111 Annexure-B Statement as referred to in reply to the Lok Sabha Unstarred Question No. 3934 for 18.03.2020 raised by Dr. Shrikant Eknath Shinde & Ors. - Lok Adalats. State-wise number of cases setted in Regular Lok Adalats during the financial years 2017-18,2018-19 and 2019-20 (upto December,2020) 2017-18 2018-19 2019-20 (upto Dec., 2019)

Name of the State Disposal of Disposal of Disposal of Disposal of Disposal of Disposal of S.No. Authority Pre- Pending Pre- Pending Pre- Pending (1) litigation Cases litigation Cases litigation Cases Cases Cases Cases (2) (3) (4) (5) (6) (7) Andaman & 1 114 318 75 a 99 191 Nicobar Islands 2 Andhra Pradesh 2969 13243 2605 11126 1489 7547 3 Arunachal Pradesh 23 25 13 13 69 49 4 Assam 4072 105079 605 57673 644 32185 5 Bihar 2089 194 1171 190 810 122 6 Chhattisgarh 435 11013 602 5085 376 1119 Dadra & Nagar 7 0 10 2 3 0 0 Haveli 8 Daman & Diu 0 0 0 0 0 0 9 Delhi 3685 0 4393 0 12893 2333 10 Goa 226 397 21 111 51 29 11 Gujarat 3324 15750 843 17819 1099 15473 12 Haryana 20679 128849 0 143703 0 99466 13 Himachal Pradesh 99 52800 73 75107 0 60385 14 Jammu & Kashmir 1509 2976 3615 6996 1933 13189 15 Jharkhand 1592 6314 3563 8905 1574 4735 16 Karnataka 8426 105846 6335 83281 1870 28888 17 Kerala 18896 8142 25667 6065 12931 3594 18 Lakshadweep 13 0 198 0 0 0 19 Madhya Pradesh 2795 5082 603 2958 908 7561 20 Maharashtra 21 1096 9 789 1300 6592 21 Manipur a 0 28 0 0 0 22 Meghalaya 0 10 86 80 a 0 23 Mizoram 498 28 411 66 288 110 24 Nagaland a 0 a a - a 0 25 Odisha 176 267148 62 82655 22 36617 26 Puducherry 774 337 846 165 378 143 27 Punjab 871 6109 6216 23050 274 3572 28 Rajasthan 2462 70815 2373 8300 907 4322 29 Sikkim 292 385 577 152 313 123 30 Tamil Nadu 12666 6358 9413 7731 6030 5396 31 Telengana 3052 11383 3973 9059 4228 5597 32 Tripura 206 73676 331 56738 612 6475 33 Chandigarh 39 4 88 0 21 0 34 Uttar Pradesh 3639 5930 14437 27139 1467 1802 35 Uttarakhand 0 16868 4 7804 26 26001 36 West Bengal 888870 27985 285892 29762 7494 10126 Grand Total 9,84,512 9,44,170 3,75,130 6,72,525 60,106 3,83,742

Pending Cases settled = Col (3) + Col (5) + Col (7) = 20,00,437

112 Annexure -C Statement as referred to in reply to the Lok Sabha Unstarred Question No. 3934 for 18.03.2020 raised by Dr. Shrikant Eknath Shinde & Ors. - Lok Adalats. State-wise number of cases settled in National Lok Adalats during the years 2017, 2018 and 2019. J 2017 2018 2019 S.No. Name of the State Disposal of Disposed of Disposal of Disposed Disposal of Disposed of Authority Pre- -Pending Pre- of Pending Pre- Pending (1) litigation cases litigation cases litigation cases Cases Cases Cases (2) (3) (4) (5) (6) (7) Andaman & Nicobar 1 288 825 0 0 0 0 Islands 2 Andhra Pradesh 28616 118949 28996 66021 8224 89191 3 Arunachal Pradesh 386 595 947 391 399 189 4 Assam 23521 35143 19841 11351 16434 5162 5 Bihar 190786 26614 151050 19933 144071 20913 6 Chhattisgarh 28971 17159 36340 34022 20762 36886 Dadra & Nagar 7 14 83 10 160 1860 161 Haveli 8 Daman & Diu 45 82 37 70 198 51 9 Delhi 6884 24514 12022 63524 28065 43312 10 Goa 1147 1319 1438 1266 456 1109 11 Gujarat 63637 132205 41818 95287 43469 149681 12 Haryana 29739 44326 32984 58157 40633 62665 13 Himachal Pradesh 2413 21183 4943 15355 10695 14737 14 Jammu & Kashmir 43631 31214 19312 40018 8944 23233 15 Jharkhand 51003 33084 47385 24673 33098 16130 16 Karnataka 26588 58682 14830 85127 32020 249829 17 Kerala 17510 21683 66208 39805 83528 45201 18 Lakshadweep 98 36 103 0 1 3 19 Madhya Pradesh 212237 121574 191949 118620 157676 76757 20 Maharashtra 356795 154554 660134 148491 334306 94070 21 Manipur 1802 167 1600 89 1917 77 22 Meghalaya 941 962 447 489 409 286 23 Mizoram 977 22 1056. 20 470 25 24 Nagaland 283 182 2061 267 829 144 25 Odisha 30701 118564 13371 27917 13394 29803 26 Puducherry 977 4016 670 4075 872 3322 27 Punjab 27122 78084 37627 74144 20307 68709 28 Rajasthan 76287 103326 47754 117867 49890 169208 29 Sikkim 164 114 141 92 115 50 30 Tamil Nadu 167404 373314 106217 369536 29909 310685 31 Telengana 79806 93117 45114 43021 56241 54597 32 Tripura 2049 3200 2526 319 3112 242 33 Chandigarh 332 12227 326 11457 907 10281 34 Uttar Pradesh 660803 1194296 1656280 1068336 1498268 986137 35 Uttarakhand 3976 13014 7851 26636 9113 16945 36 West Bengal 339595 89910 19250 43387 25891 36999 Grand Total 24,77,528 29,28,339 32,72,638 26,09,923 26,76,483 26,16,790

Pending Cases settled = Col (3)+ Col (5)+ Col (7)= 81,55,052

113 . •

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 3947

TO BE ANSWERED ON WEDNESDAY, THE 18TH MARCH, 2020

Holidays in Courts

t3947. SHRI JYOTIRMAY SINGH MAHATO:

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

(a) whether the number of holidays in the Judiciary is maximum in comparison to other Government offices and establishments in the country at present and if so, the details thereof; and (b) whether by reducing the number of holidays, filling all the vacant posts of judges and limiting the number of hearings is likely to help in speedy disposal of all the pending cases and if so, the details thereof?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) and (b): As Judiciary is an independent organ of the State under the Constitution of India, working days/hours and duration of vacations in the Supreme Court and in the High Courts are regulated by Rules framed by the respective Court. The working days as well as working hours of the District/Subordinate Courts are regulated by the respective High Court.

-2-

114 -•

Disposal of cases pending 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, includes better infrastructure for courts including computerization, increase in strength of judicial officers/judges, policy and legislative measures in the areas prone to excessive litigation and emphasis on human resource development. Central Government has no role in the appointment of Subordinate Judiciary as filling up of vacancies in the District and Subordinate Courts falls within the domain of the High Courts and the State Governments concerned.

-0-

115 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 3971

TO BE ANSWERED ON WEDNESDAY, THE 18th MARCH, 2020

Disposal of Criminal and Civil Cases

3971. SHRI SANJAY KAKA PATIL: SHRI SUNIL KUMAR PINTU:

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

(a) whether the Government proposes to fix any time limit for disposal of criminal and civil cases in various courts in the country; (b) if so, the details thereof and if not, the reasons therefor; (c) whether the Government proposes to set up any commission or committee for judicial reforms and speedy disposal of pending court cases; and (d) if so, the details thereof and if not, the reasons therefor?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a): No, Sir.

(b): As judiciary is an independent organ of the State under Constitution of India, such matters are regulated by the Judiciary and Government has no role to play.

116 (c) and (d): National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 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.

To advise on the goals, objectives and strategies of the National Mission and the Action Plan and its implementation,an Advisory Council has been set up under the Chairmanshipof Minister of Law and Justice with wide ranging membership. An action plan of the National Mission was formulated under 5 strategic initiatives which are reviewed by the Advisory Council of the National Mission from time to time. Eleven meetings of the Advisory Council have been held so far. Activities under the National Missionare of an on-going nature and regular reports are presented before the Advisory Councilof the National Mission.

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117 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA UNSTARRED QUESTION NO. 3977

TO BE ANSWERED ON WEDNESDAY, THE 18th MARCH, 2020 Tele Law Scheme

3977. SHRI RITESH PANDEY:

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

(a) the details of initiatives taken under the project "Tele Law Scheme ,New Legal Aid and Empowerment Initiatives" in various States during each of the last three years and the current year, State-wise; (b) the action taken with regard to improving the institutional capacities of justice service providers, State-wise; and (c) the outcomes of the scheme, State-wise, including the State of Uttar Pradesh?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) Under Access to Justice scheme of Department of Justice, Tele-Law Programme has been functioning since 2017 in the States of Uttar Pradesh, Bihar and North-Eastern States that include Assam, Meghalaya, Manipur, Tripura, Arunachal Pradesh, Mizoram, Nagaland and Sikkim and the Union Territory of Jammu and Kashmir, in co-operation with Common Service centers (CSCs). Initially free legal advice was given through 1800 CSCs for the persons entitled for free legal aid under section 12 of Legal Services Authorities, Act 1987, and others with Rs. 30/- per consultation as payment through panel lawyers via video conferencing and telephone facilities, available through CSCs at Panchayat Level. The programme has

118 I"~

since been expanded to 115 Aspirational Districts in the country, thus covering total number of 29860 CSCs at present.

(b) to (c) To improve the institutional capacities of justice service providers, State-wise, Department of Justice with the help of CSC e- Governance Services India limited (CSC e-Gov) and National Legal Services Authority (NALSA) is providing periodical trainings to Para Legal Volunteers (PLVs), Village Level Entrepreneurs (VLEs) and Panel Lawyers(PLs). Under the Tele-Law Scheme, 180482 cases have been registered and in 171348 cases, legal advice has been provided including beneficiaries from the

State of Uttar Pradesh as on 29th February, 2020.

********

119 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNST ARRED QUESTION NO. 3980

TO BE ANSWERED ON WEDNESDAY, THE 18th MARCH, 2020

Recusal by Judges

3980. SHRI ASADUDDIN OWAISI:

SHRI SYED IMTIAZ JALEEL:

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

(a) whether cases of recusal by judges are on the rise year after year; (b) if so, the number of judges who recused them from hearing cases; (c)whether this practice is delaying the hearing of cases and is time

consuming and if so, the details thereof; (d) whether judges do not give any reason for recusal from hearing cases; (e) if so, whether Government propose to make it mandatory for judges to

give reasons for recusal; and (f) if so, the details thereof and time by which a final decision is likely to be

taken thereon?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (f): Disposal of pending cases in courts and related case management procedure

including recusal by judges falls squarely within the domain of judiciary. Information on

cases of recusal by judges is not maintained by the Government. Reasons for recusal, if

any, are recorded in the court proceedings.

120 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 3990

TO BE ANSWERED ON WEDNESDAY, THE 18TH MARCH, 2020

Judicial Panels

3990. SHRI M. BADRUDDIN AJMAL:

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

(a) the details of judicial panels set up by the Government during the last five years and the current year along with issues on which the panels were constituted; (b) the number out of them who have submitted their reports to the Government; (c) the action taken by the Government thereon; and (d) the time by which the remaining panels are likely to submit their reports to the Government?

ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICAT-IONSAND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

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

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121 GOVERNMENTOF INDIA MINISTRYOF LAW & JUSTICE DEPARTMENTOF JUSTICE

LOKSABHA

UNSTARREDQUESTIONNO. 4017

TO BE ANSWEREDON WEDNESDAY,THE 18th MARCH,2020

Hardships faced by Advocates

4017. MS. S. JOTHIMANI:

Will the Minister of LAW AND JUSTICEbe pleased to state:

(a) whether the Government is aware of the hardships faced by advocates and litigants due to sudden non-functioning of courts and discharge of benches; (b) if so, steps that are being taken to avoid or resolve such problems faced in the judicial system; (c) whether the Government will consider a suggestion to ensure an SMS/emaii communication facility to inform the parties and advocates about the adjournments of cases and discharge of benches and if so, the details thereof; (d) whether the Government will issue guidelines to courts and State judiciary including tribunals to ensure real-time updation of the websites with timely uploading of judgements (in PDF) and search options and if so, the details thereof; and (e) the measures that are being taken to make the judicial system more accessible to the public?

122 ------ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) and (b): Functioning of courts and discharge of benches is within the domain of judiciary. Government has no role in this regard. (c): Push SMS and automatic email facility are available in District Court through Case Information System (CIS) in e-Courts portal. Litigants and Advocates can register their Mobile Numbers and Email ID with CIS. The registered users get regular updates of their cases through SMS and emails. They can get soft copy of the orders and judgements of their cases through their emails.

(d): Uploading/updating of information on their websites is within the domain of judiciary. Government has no role in this regard.

(e): National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 .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 computerization, 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 major steps taken during the last five years under various initiatives are as follows: (a) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 7,453.10 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94. Out of this, Rs.4,OOB.BO crores (which is 53.79% of the total amount released till date) have been released to the States and UTs since April, 2014. The number of court halls

123 has increased from 15,818 as on 30.06.2014 to 19,694 as on 29.02.2020 and number of residential units has increased from 10,211 as on .. · 30.06.2014 to 17,432 as on 29.02.2020 under this scheme. In addition, 2,814 court halls and 1,843 residential units are under construction. (b) Leveraging Information and Qommunication Technology (ICT) for improved justice deliverv: Government has been implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement of district and subordinate courts. Number of computerized District & Subordinate courts has increased from 13,672 to 16,845 registering an increase of 3,173 during 2014 till date. New and user• friendly version of Case Information Software has been developed and deployed at all the computerized District and Subordinate Courts. All stakeholders including Judicial Officers can access information relating to judicial proceedings/decisions of computerized District & Subordinate Courts and High Courts on the National Judicial Data Grid (NJDG). Currently, case status information in respect of over 13.13 crore pending and disposed cases and more than 11.46 crore orders / judgments pertaining to these computerized courts is available on NJDG. eCourts services such as details of case registration, cause list, case status, daily orders & final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. (c) Filling up of vacant positions in Supreme Court. High Courts and District and Subordinate Courts: From 01.05.2014 to 29.02.2020, 35 Judges were appointed in Supreme Court. 522 new Judges were appointed and 443 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014 to 1079 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows:

124 As on Sanctioned Working Strength Strength 31.12.2013 19,518 15,115 29.02.2020 24,018 19,160

Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned. (d) Reduction in Pendency through I follow up by Arrears Committees: In pursuance of resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in High Courts to clear cases pending for more than five years. Arrears Committees have been set up under District Judges too. Arrears Committee has been constituted in the Supreme Court to formulate steps to reduce pendency of cases in High Courts and District Courts. (e) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015 (as amended on zo" August, 2018) stipulates mandatory pre• institution mediation and settlement of commercial disputes. Amendment to the Arbitration and Conciliation Act, 1996 has been made by the Arbitration and Conciliation (Amendment) Act 2015 for expediting the speedy resolution of disputes by prescribing timelines. (f) Initiatives to Fast Track Special Type of Cases: The Fourteenth Finance Commission endorsed the proposal of the Government to strengthen the judicial system in States which included, inter-alia, establishing Fast Track Courts for cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the State Governments to use the additional fiscal space provided in the form of enhanced tax devolution form 32% to 42% to meet such requirements. As on 31.12.2019, 828 Fast Track Courts are functional for heinous crimes, crimes against women and children, family and matrimonial disputes, etc. To fast track criminal cases involving elected MPs I MLAs, ten (10) Special Courts are functional in nine (9) States/UTs (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi)

125 and proportionate funds have been released to these States by the Government. Further, Government has approved a scheme for setting up '. 1023 Fast Track Special Courts (FTSCs) across the country for expeditious • < disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 27 States/UTs have joined the scheme for setting up of 649 FTSCs including 363 exclusive POCSO courts. RS.99.43 crore (out of the total allocation of RS.100 crore) has already been released as the first instalment for FTSCs. (g) In order to reduce pendency and unclogging of the courts the Government has recently amended various laws like the Negotiable Instruments (Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018. *************

126 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 4038

TO BE ANSWERED ON WEDNESDAY, THE 18.03.2020

Collegium on Appointment and Transfer of Judges

4038. PROF. SAUGATA RAY:

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

(a) whether there is any standard criteria to implement the collegium recommendations on appointment and transfer of Judges in the country; (b) if so, the details thereof; (c) whether the Government has allegedly followed pick and choose policy in this regard; and (d) if so, the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) and (b): Judges of High Courts are appointed and transferred as per the procedure laid down in the Memorandum of Procedure prepared in 1998 pursuant to the Supreme Court Judgment of October, 6th, 1993 (Second

127 Judges case) read with the advisory opinion of October, 28th, 1998 (Third Judges case). As per the Memorandum of Procedure (MoP), initiation of proposal for appointment of Judges of the High Courts vests with the Chief Justice of the concerned High Court. Before forwarding the recommendation, the Chief Justice consults two of his senior-most colleagues regarding suitability of candidates. As per MoP, the various attributes such as integrity and character, competence, judicial. potential, antecedents, age, Annual Confidential Report (in respect of Judicial Officers), Professional income and reported & unreported judgments (in respect of advocates), complaintslinvolvement in any criminal or civil litigation etc. are taken into consideration for appointment of Judges of High Courts. Regarding transfer of a High Court Judge from one High Court to another, MoP provides that the proposal is initiated by the Chief Justice of India in consultation with four senior-most puisne Judges of the Supreme Court. The MoP further provides that the Chief Justice of India is also expected to take into account the views of the Chief Justice of High Court from which the judge is to be transferred, as also the Chief Justice of the High Court to which the transfer is to be effected, besides taking into account the views of one or more Supreme Court judges who are in a position to offer views. All transfers are to be made in public interest i.e. for promoting better administration of justice throughout the country. (c): No Sir. (d): Does not arise. ***

128