Lok Sabha Replies

2014

LOK SABHA REPLIES

WINTER SESSION, 2014 [3rd SESSION OF 16th LOK SABHA][24th November, 2014 to 23rd December,2014] INDEX

Sl.No. Question Question Date Subject Division Page No. Type No. 1. 8 Starred 24.11.2014 Fast Track Courts for Justice.II 1 Women and Children 2. 9 Unstarred 24.11.2014 Reservation for Women Desk Side 4 Judges 3. 41 Unstarred 24.11.2014 National Mission for NM 6 Justice Delivery and Legal Reforms 4. 42 Unstarred 24.11.2014 Working Days in Courts Jusice.I 8 5. 48 Unstarred 24.11.2014 Digitization of Colurts Justice.II 9 6. 54 Unstarred 24.11.2014 Performance of Judges Justice.I 11 7. 55 Unstarred 24.11.2014 Pending Court Cases NM 13 8. 56 Unstarred 24.11.2014 Appointment of Judges Desk Side 21 9. 64 Unstarred 24.11.2014 Cases against MPs and NM 24 MLAs 10. 118 Unstarred 24.11.2014 Corruption in Judiciary Desk Side 26 11. 133 Unstarred 24.11.2014 Setting up of Legal Aid LAP 28 Clinic 12. 149 Unstarred 24.11.2014 Vacant Posts of Judges Desk Side 31 13. 171 Unstarred 24.11.2014 Cases Disposed of by JR Desk 35 Gram Nyayalayas 14. 182 Unstarred 24.11.2014 Pending Cases Related NM 37 to Labour 15. 203 Unstarred 24.11.2014 Cases Disposed of by LAP 40 Lok Adalats 16. 224 Unstarred 24.11.2014 Functioning of Fast Justice.II 43 Track Courts 17. 167 Starred 04.12.2014 Indian Legal Service JS(MD) 47 and State Judicial Service 18. 170 Starred 04.12.2014 Gram Nyayalayas JR Desk 49 19. 1850 Unstarred 04.12.2014 Use of Information Justice.II 51 Technology 20. 1856 Unstarred 04.12.2014 The Dowry Prohibition Justice.II 52 Act 21. 1863 Unstarred 04.12.2014 Recruitment and NM 54 Administration in Lower Courts 22. 1903 Unstarred 04.12.2014 Law Commission Report NM 56 23. 1913 Unstarred 04.12.2014 Faith in Judiciary NM 58 24. 1955 Unstarred 04.12.2014 Appointment of Judges Desk Side 60 25. 1973 Unstarred 04.12.2014 Special Courts Justice.II 63 26. 1983 Unstarred 04.12.2014 Dismissal of an Appeal NM 65 27. 1995 Unstarred 04.12.2014 Crimes by the Juveniles Justice.II 66 28. 1999 Unstarred 04.12.2014 Alleged Irregularities in Desk Side 68 Judiciary 29. 2013 Unstarred 04.12.2014 Project on Access to A2J 70 Justice 30. 2059 Unstarred 04.12.2014 Use of Hindi and Justice.I 72 Regional Languages 31. 2067 Unstarred 04.12.2014 Say Order from Higher NM 74 Courts 32. 2070 Unstarred 04.12.2014 Political Appointment of Justice.I 75 Retired Judges 33. 263 Starred 11.12.2014 Legal Aid to Poor LAP 77 34. 267 Starred 11.12.2014 Accident Related NM 83 Cases 35. 268 Starred 11.12.2014 Judicial Standards Desk Side 86 and Accountability Bill 36. 3024 Unstarred 11.12.2014 Cases of Irregularities AU(II) 88 against Meat Exporter 37. 3035 Unstarred 11.12.2014 Court Timings in Justice.I 89 Subordinate Courts 38. 3109 Unstarred 11.12.2014 Pending Court Cases NM 90 39. 3139 Unstarred 11.12.2014 Setting up of High Desk Side 92 Courts 40 3161 Unstarred 11.12.2014 Cases against Elderly Justice.II 96 Persons and Children 41. 3162 Unstarred 11.12.2014 Appointment of Judges Desk Side 98 42. 3170 Unstarred 11.12.2014 Use of Technology in Justice.II 101 Judiciary 43. 3178 Unstarred 11.12.2014 Family Courts Justice.II 103 44. 366 Starred 18.12.2014 Delhi High Court Justice.I 106 Amendment Bill 45. 4148 Unstarred 18.12.2014 Pending Cases against NM 108 NRIs 46. 4200 Unstarred 18.12.2014 Video Recording of Justice.II 109 Court Proceedings 47. 4238 Unstarred 18.12.2014 Pending Rape Cases Justice.II 110 48. 4247 Unstarred 18.12.2014 Lok Adalats and Gram LAP 113 Nyayalayas 49. 4284 Unstarred 18.12.2014 Pendency due to Stay NM 115 Orders 50. 4297 Unstarred 18.12.2014 Mediation Centres and LAP 117 ADR 51. 4299 Unstarred 18.12.2014 Removal of Judges Desk Side 120 52. 4311 Unstarred 18.12.2014 Cases Pending Against NM 121 Actors 53. 4333 Unstarred 18.12.2014 All India Judicial Service NM 122

GOVERNMENT OF INDIA MINISTRY OF·L.AW& JUSTICE (DEPARTMENT OF JUSTICE)

lOK SABHA STARRED QUESTION NO. 8

TO BE ANSWERED ON MONDAY, THE 24th NOVEMBER, 2014

Fast Tracl( Courts for Women and Children

*8. SHRI C. N. JAVADEVEN: SHRI PREM DAS RAI:

Will the Minister of LAWAND JUSTICEbe pleased to state:

(a) whether the Government has taken adequate steps for expeditious disposal, including setting up of Fast Track Courts (FTCs)'for cases relating to crime against women and children in the country including North East Region; (b) if so, the details thereof; (c) the number of cases related to racial crime, hate crime, rape and sexual harassment pending in the Supreme Court and various High Courts in the country along with the number of such cases disposed of by FTCs during each of the last three years and the current year, court-wise; and

(d) the other steps taken by the Government to provide legal assistance and to ensure speedy justice to the victims of such crimes?

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

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

1 STATEMENIT REFERREU TO AN REPLY TO PAIR1rS(a) TO (d) OF LOI( SABHA STARREDQUE\STION NO.8 FOR24/11/2014 REGARDING FAUT TRACK COURTSFOR WOMEN AND CHilDREN

(a)&(b): '~;overnment has written to the Chief Justices of the High Courts to ccmstttute Fast Track Courts (FTCs)for Sl)eedy trial of the pending rape cases in district/subordinate courts having a high pendency ot:such cases and to monitor the progress of these cases. The Chief Ministers of States have been requested to provide financial SUlllPortto the ttigh Courts for setting up FTCs for cases of crime agait1lstwomen.'-'!Setting up of subordinate courts including FTCsfor sp,eedytrial of cases relating to crime against women and children in the country including NOI1.h East Region, is the responsibiliity of the respective State Governments under the Constitutiol1lof India,

(c): As per information received from the Suprema Court, the number of pending matters relating to subject categories dealing with crime against wemen and children filod from 1.1.2011 to 16.7~2014was 1920. As per report received from the National Crinle Records Bt'lreau, the <:ases registered and cases convicted in subordinate courts under rape (u/s 376 IPC) during 2011 to 2013 are as under: -- Year Number of cases registered Number of cases convicted ------~- All the states NE States All the States NE States 2011 24206 2246 -r 4072 Z81 193 2012 24923 2376 3563 2013 33707 2663 5101 270 '-----

(d): '-.:Government has also requested the State Governments and High Court!.' to conalder setting-up FTCs for disposal of cases relating to offences a!~ainst women, ehttdren, differently abled persons, senior citizens; and marginalized sections of society as resolved in the ConferElnce of Chief Ministers and Chief .Justices held on 7"' "'~pril,2013. ..._//

2 I legislative provisions have been made by the Government for setting up of speciaHcourts for speedy trial of offences agains,t children. Section 2',5 of the Commissions for Protection of Child Rights Act, 2005 provideathat f(tr the purpose of providing speedy trial of offences against children In of violation of child rights, the State Governmentmay, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State OIrspecify, for each district, a COllirt of Session to be a Children's Court to try the said offence. Secf:ion 28(1) of the Protection of ChBldrenfrom Sexual Offences Act, 2012 provides that for the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the! High Court, by notification in the Official Gazette, dE!signatefor each district, a Court of Session to be a Special Court 11:0 try the offences under the Act provided that if a Court of Session is notified as a Children's Court under the COlnlnissions for Pro1l:ectionof Child Rights Act, 2005 or a Special Court designated for similar purpoaee under any other law for the time being ill force, then, such court shall be deemedto be a Special Court under this;section.

Attention of the Chief Justices olf High Court::;has also been h1vi~edto the use of provisions under SE!ctiollS157, :309 & 327 of the Cr'.P.C. with a view to examination of witnesses (.n a day to day basis, keepil1gadjoul'l1mentat a bare rninimum and expediting trial of cases involving heinous crimes such as rape. They were requested to lmpreaa upon the district judges to scrupulously adhere to these provlalons in erial of ca!;es involving heinous crimes such as rape and to conduct trials without adjournment as far as possible.

3 "_ ....._

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO.9

TO BE ANSWERED ON MONDAY THE 24.11.2014 Reservation for Women Judges

9. SHRI RAM CHARITRA NISHAD: SHRI RAVINDRA KUMAR PANDEY:

Will the Minister of LA W AND JUSTICE be pleased to state:

(a) whether the number of women Judges in Supreme Court and various high courts is meagre; (b) if so, the details thereof and the number of women Judges in Supreme Court and various high courts, State-wise and court-wise; (c) whether there has been a demand for a minimum of 20 per cent reservation for women Judges in high courts;

(d) if so, the details thereof; and (e) the steps taken by the Government to ensure adequate representation of women Judges in the judiciary?

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

(a) & (b): Yes, Madam. A Statement showing the number of women Judges in Supreme

Court and the High Courts as on 10.11.2014 is annexed.

(c): No, Madam.

(d) Does not arise.

(e) Appointment of Judges of the Supreme Court and High Courts is made under Articles

124 and 217 of the Constitution of India respectively. These Articles do not provide for

reservation for any caste or class of persons. The Government has requested the Chief

Justices of the High Courts that while sending proposals for appointment of Judges, due

consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled

Tribes, Other Backward Classes, Minorities and from amongst women. 4 Annexure referred to in reply to parts (a) & (b) of Lok Sabha Vnstarred Question No.9 for answer on 24.11.2014

SI. Number of women Name of the Court Judges as on No. 10.11.2014 A Supreme Court of India 01

B High Court I Allahabad 05 2 Telanzana & Andhra Pradesh 01 3 Bombay 08 4 Calcutta 05 5 Chhattisgarh -- 6 Delhi 08 7 Gauhati 01 8 Gujarat -- 9 Himachal Pradesh -- 10 Jammu & Kashmir -- II Iharkhand -- 12 Karnataka 02 ir ~aIa 01 - 14 Madhya Pradesh 01 15 Madras 06 16 Manipur -- 17 Meghalaya -- 18 Orissa 01 19 Patna 03 20 Punjab& Haryana 10 21 Rajasthan 03 22 Sikkim -- 23 Tripura -- 24 Uttarakhand -- Total 55

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

LOK SABHA

UNSTARRED QUESTION NO. 41

TO BE ANSWERED ON MONDAY, THE 24TH NOVEMBER, 2014

National Mission for Justice Delivery and Legal Reforms

41. SHRI D. K. SURESH:

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

(a) wh~ther the Government has been implementing the National Mission for Justice Delivery and Legal Reforms in the country; (b) if so, the details and the salient features thereof" and (c) the achievements made under the Mission so far?

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

(a) to (c): The overall goal of the National Mission for Justice Delivery and Legal Reforms is timely delivery of justice and enhancing accountability through structural changes. The National Mission was set up in August, 2011 and has a time frame of five years. The major initiative under the National Mission relate to Infrastructure Development for Subordinate 1Judiciary and Computerization of Courts. The Central Government has provided financial assistance to the tune of Rs. 2,198 crores to State Governments and Union Territories for upgradation I construction of court complexes and residential units for judicial officers in the last three years. Under the eCourts Project 13,323 courts have been computerized by

31st October, 2014. Computerization of courts would enable the courts to exercise greater control over management of cases in the docket. It will also provide designated services to the litigants and the lawyers. In order to reduce government litigation in courts the Central Government has encouraged the States to notify their litigation policies which contain provisions for weeding out infructuous cases and promote dispute resolution through alternative mechanisms. The Government has also identified the areas prone to excessive litigation for adopting suitable policy and legislative measures

6 to curb such litigation. As a result of the concerted efforts made by all stake-holders the increasing trend of pendency of cases in subordinate courts has been checked.

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

7 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE • DEPARTMENT OF JUSTICE LOKSABHA

UNSTARRED QUESTION NO.42

TO BE ANSWERED ON MONDAY, THE 24thNOVEMBER, 2014

Working Days in Courts

42. SHRI ANTO ANTONY:

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

(a) whether there is any proposal to increase the number of working days in all the courts in the country;

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

ANSWER

MINISTER OF LAW AND JUSTICE

(SHRI D.V. SADANANDA GOWDA)

(a) to (c) : Working days/hours in the Supreme Court and in the High Courts in the

country 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. Government does not have under its consideration any

proposal to increase the number of working days in the Courts.

8 GOVERNMENTOF INDIA MINISTRY OF LAW AND JUSTICE • f""I."J ~c e- rv- DEPARTMENTOF JUSTICE LOKSABHA UNSTARRED QUESTION NO. 48 TO BE ANSWERED ON MONDAY, THE 24th NOVEMBER, 2014

DIGITIZATION OF COURTS

48 SHRI DHANANJAY MAHADIK: SHRI SATAV RAJEEV: SHRI SUDHEER GUPTA: DR. HEENA VIJAYKUMAR GAVIT: SHRI MOHITE PATIL VIJAYSINH SHANKARRAO: SHRIMATI SUPRIYA SULE: SHRI RAM CHARITRA NISHAD: SHRI T. RADHAKRISHNAN:

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

a) Whether the Government proposes to digitize all the subordinate courts in the country; b) If so, the details and the advantages likely to accrue as a result thereof along with the steps taken by the Government in this regard; c) Whether all old cases, pendency and those disposed of are also updated in the national data grid; d) If so, the details thereof and if not, the time by which it is likely to be updated; and e) Whether some States are yet to be connected with the national grid and if so, the details thereof?

ANSWER MINISTEROF LAW AND JUSTICE (Shri D. V. Sadananda Gowda)

(a) to (b): The eCourts Mission Mode Project of the Government is undertaking computerisationof 14249 district and subordinate courts in the country by March,

2015. As on 31stOctober, 2014, out of 14249 courts to be computerised, sites for 14182 courts have been made ready for computerisation, out of which LAN has been installed at 13606 courts, hardware at 13436 courts and software at 13323 courts. The objective of the eCourts project is to provide designated services to litigants, lawyers and the judiciary by universal computerizationof district and

9 subordinate courts in the country. The national e-Courts portal (http://www.ecourts.gov.in) provides online services to litigants such as details of ., case registration, cause list, case status, daily orders, and final judgments. Currently, litigants can access case status information in respect of over 3 crore pending and decided cases in more than 11,000 courts.

(c) to (e): All the district and subordinate courts computerised under eCourts project have been linked to National Judicial Data Grid (NJDG), which is a common repository of case records across the country. On NJDG, data entry of decided cases is being undertaken and data pertaining to pending cases is being updated on a daily basis. As on 31st October, 2014, data in respect of more than 3.92 crore cases and more than 60 lakh orders I judgments pertaining to district and subordinate Courts under the jurisdiction of 21 out of 24 High Courts have been uploaded on NJDG. The district and subordinate courts under the jurisdiction of Delhi, Madhya Pradesh and Gujarat are yet to be connected to NJDG.

10 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE • DEPARTMENT OF JUSTICE LOKSABHA

UNSTARRED QUESTION NO.54

TO BE ANSWERED ON MONDAY, THE 24th NOVEMBER, 2014

Performance of Judges

+54. SHRI RAHUL KASWAN:

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

. (a) whether there is any mechanism available to monitor the work performance of the Judges including those of the Supreme Court of India, High Courts and Session Courts;

(b) if so, the details thereof;

(c) if not; whether the Government is considering the setting up of work performance commission to monitor the performance of Judges;

(d) if so, the details thereof and if not, the reasons therefor; and

(e) the steps taken by the Government to involve a scientific method of performance appraisal of judicial officers by setting a measurable performance standard? .

ANSWER

MINISTER OF LAW AND JUSTICE

(SHRI D.V. SADANANDA GOWDA)

(a) & (b): The mechanism to monitor the work performance of the Judges including

those of the Supreme Court of India, High Courts and Session Courts is administered

by the judiciary and not by the Government.

11 ------_._--- (c) to (e) :There is no proposal in the Government to set up a work performance• commission to monitor the performance of the Judges as this is within the purview of

the judiciary. As per the Policy and Action Plan of the National Court Management

/ System (NCMS), available on the website of the Supreme Court of India, proper and

regular maintenance of Annual Confidential Reports of members of subordinate

judiciary is in the interest of judiciary keeping in view the observations of the

Supreme Court of India in the matter of Registrar General, Patna High Court Vs

Pandey Gajendra Prasad & Others (Civil Appeal No.4553 of 2012).

12 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTMENTOF JUSTICE)

LOKSABHA

UNSTARRED QUESTION NO. 55

TO BE ANSWERED ON MONDAY, THE 24TH NOVEMBER, 2014

Pending Court Cases

55. SHRIMATI DARSHANA VIKRAM JARDOSH: SHRI MAHEISH GIRRI: SHRI BADRUDDIN AJMAL: SHRI YOGI ADITYA NATH: SHRI BHAIRON PRASAD MISHRA: SHRI VENKATESH BABU T.G.: SHRI SHIVKUMAR UDASI: SHRI RAVNEET SINGH: SHRI PRALHAD JOSHI:

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

(d) whether a large number of cases are pending in various courts across the country; (e) if so, the details thereof and the reasons therefor along with the number of cases pending and disposed of in Supreme Court, various High Courts and subordinate courts including Fast Track Courts during each of the last three years and the current year, court-wise; (f) the sanctioned strength and vacancies of judges in these courts and the action taken by the Government to fill up these vacancies at the earliest; (g) whether the Government has taken note of delay in the delivery of justice to the litigants for various reasons; and (h) if so, the details thereof along with the remedial steps taken by the Government for expeditious disposal of the pending cases?

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

(a) to (e): The data on pendency of cases is maintained by the Supreme Court and High Courts. As per the information available, number of cases pending and disposed of in Supreme Court during the last three years and the current year are given below:- Cases Disposed of Year Cases Pending 73,133 2011 58,519 68,744 2012 66,692

13 2013 66,349 77,085 2014 65,970 45,108 (As on 30.06.2014)

Details of cases pending and disposed of in the High Courts and District and Subordinate Courts including Fast Track Courts during the last three years are given in Statements at Annex - I and Annex - II.

Increasing number of state and central legislations, accumulation of first appeals, continuation of ordinary civil jurisdiction in some of the High Courts, vacancies of Judges, appeals against orders of quasi-judicial forums going to High Courts, number of revisions / appeals, adjournments, indiscriminate use of writ jurisdiction, lack of adequate arrangement to monitor, track and bunch cases for hearing are some of the main factors responsible for pendency of cases in courts.

Details of sanctioned strength, working strength and vacancy position of Judges in Supreme Court, High Courts and District and Subordinate Courts are given in Statements at Annex - III and Annex - IV.

As per the Memorandum of Procedure, initiation of proposals for appointment of Judges of a High Court rests with the Chief Justice of the concerned High Court and for appointment of a Judge in the Supreme Court, it rests with the Chief Justice of India. The Government is periodically reminding the Chief Justices of the High Courts to initiate proposals in time for filling up the existing vacancies as well as the vacancies anticipated in the next six months in the High Courts. The filling up of vacancies in the High Courts is a continuous consultative process among the Constitutional authorities. 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. For filling of vacancies in District and Subordinate Courts, the matter is regularly pursued with High Courts / State Governments.

Disposal of pending cases in various courts is within the domain of the Judiciary. In order to create an enabling environment for judiciary, the Government has set up National Mission for Justice Delivery and Legal Reforms. The major initiative under the National Mission relate to Infrastructure Development for Subordinate Judiciary and

------Computerization of Courts. The Central Government has provided financial assistance to the tune of Rs. 2,198 crores to State Governments and Union Territories for upgradation / construction of court complexes and residential units for judicial officers in the last three

years. Under the eCourts Project 13,323 courts have been computerized by 31 st October,

2014. Computerization of courts would enable the courts to exercise greater control over management of cases in the docket. It will also provide designated services to the litigants and the lawyers. In order to reduce government litigation in courts the Central Government has encouraged the States to notify their litigation policies which contain provisions for weeding out infructuous cases and promote dispute resolution through alternative mechanisms. The Government is also looking into the areas prone to excessive litigation for adopting suitable policy and legislative measures to curb such litigation.

*********

------Annex-I Statement referred to in Lok Sabha Unstarred Question No. 55 regarding "Pending th Court Cases" for reply on 24 November,2014 O·rscosa and Pendency inHiah Courts durinq the year 2011 2012 and 2013 Sr. Name of High 2011 2012 2013 Pendency No. Court Disposal Pendency Disposal Pendency Disposal 1 Allahabad 235869 1005527 247539 1008679 236821 1043398 Andhra 67722 2 Pradesh 198214 66130 210101 58278 232459 3 Bombay 135510 362885 174020 341969 140761 349837 4 Calcutta 69486 347154 78428 362131 134938 280006 5 Oelhi 43239 61210 35656 62352 35371 64652 6 Gujarat 66563 82232 63778 76009 64450 91953 7 Gauhati 34161 53255 35713 52873 30308 40912 Himachal 36512 8 Pradesh 49541 37772 55597 36455 60073 Jammu 19196 9 &Kashmir 82223 16380 82306 24916 93038 10 Karnataka 141544 172088 121624 183852 128134 196972 11 Kerala 73273 128777 78801 124061 68871 132159 12 Madras 240767 473736 246200 500374 231817 557479 Madhya 104307 13 Pradesh 229336 100281 248157 111348 261611 14 Orissa 94435 301314 81388 332910 70262 206822 15 Patna 93446 118964 91328 119191 82343 132155 Punjab & 101978 16 Haryana 243666 108266 251120 109623 262760 17 Rajasthan 166124 281306 131277 292551 127928 307640 18 Sikkim 119 67 126 63 140 120 19 Uttarakhand 11344 19263 13616 20187 15661 20686 20 Chhattisgarh 23215 50163 27817 47751 28206 44139 21 Jharkhand 25472 61277 30030 61957 25970 72958 22 Tripura - - - - 4379 5834 23 Manipur - - - - 2677 3853 24 Meghalaya - - - - 1418 1189 Total 1784282 4322198 1786170 4434191 1771075 4462705 ****************

16 Annex-II Statement referred to in Lok Sabha Unstarred Question No. 55 regarding "Pending th Court Cases" for reply on 24 November 2014

Pen dencv 0fC ases In. O·IStnc. t an d Subor dinate Courts in the years 2011 2012 and 2013 S.No. Name of State 2011 2012 2013 Pendency I UT Disposal Pendency Disposal Pendency Disposal 983882 1. Andhra 604396 945737 606447 924943 514867 Pradesh 6076 2. Arunachal 7854 6305 7355 6200 7444 Pradesh 248472 3. Assam 210480 259596 239706 253428 314672 1807782 4. Bihar 287634 1607306 304786 1711380 315361 269116 5. Chhattisgarh 156909 271406 162104 272523 179065 31703 6. Goa 23438 30057 33886 30131 30717 2226371 7. Gujarat 1035541 2183026 1072123 2174691 1137159 555669 8. Harvana 576094 588812 733591 564285 608315 293575 258791 9. Himachal 212662 189549 246052 224563 Pradesh 175647 10. Jammu & 275193 206308 291100 191144 307192 Kashmir 116748 307853 11. Jharkhand 114743 292215 123777 299265 1017437 1190335 12. Karnataka 955321 1128996 1035706 1138703 1171821 1354379 13. Kerala 992374 1060056 1112342 1240164 1273437 1097658 14. Madhya 1186416 1089195 1217733 1091221 Pradesh 1710180 2884398 15. Maharashtra 2624928 3275954 2048255 2977306 16189 12907 16. Manipur 13530 9844 14572 14381 3284 4441 17. Meghalaya 1970 3181 2982 4103 10270 3100 18. Mizoram 9044 4412 11747 3569 3062 3318 19. Nagaland 2979 4405 3179 3586 378159 1134448 20. Orissa 318634 1153517 300337 1185763 611671 523759 21. Punjab 678677 553202 758927 537064 1199745 1451881 22. Rajasthan 1244592 1451368 1150808 1446129 2146 845 23. Sikkim 1862 1194 1913 1077 1844056 1288315 24. Tamil Nadu 1656290 1183249 1499884 1232469 158838 69715 25. Tripura 135571 48251 148688 55895 2966521 5604985 26. Uttar Pradesh 2599715 5798048 2798690 5792331 164495 222318 152654 27. Uttarakhand 195773 145734 178409 1184289 2572667 28. West Bengal & 1105367 2644869 992367 2605371 A & Nisland 49955 153772 59712 29. Chandiqarh 161785 60116 138558 7249 3344 4712 30. D & N Haveli 3863 4977 8451 and Daman & Diu 656587 957154 522167 31. Delhi 1159545 758478 918683 291 93 354 32. Lakshadweep 0 239 96 30749 43686 26705 33899 28941 32479 33. Pondicherry 18745380 26838861 Total 18596866 26986307 18197153 26889203 *************

17 Annex-III Statement referred to in Lok Sabha Unstarred Question No. 55 regarding "Pending th Court Cases" for reply on 24 November 2014

Sanctioned Strength, Working Strength and Vacancies of Judges in the Supreme Court of India and the High Courts. (As on 10.11.2014)

Vacancies as per SI. Working Strength Name of the Court Approved Strength Approved Strength No. 03 A. Supreme Court of India 31 28 Pmt. Addl Total B. High Court Pmt. Addl Total Pmt. Addl Total 84 160 67 18 85 66 75 1 Allahabad 76 09 High Court of Telangana 06 18 2 & Andhra Pradesh 33 16 49 21 10 31 12 27 75 42 23 65 06 04 10 3 Bombay 48 45 13 58 26 14 40 19 -01 18 4 Calcutta 06 12 18 03 07 10 03 05 08 5 Chhattisgarh 45 15 60 28 08 36 17 07 24 6 Delhi # 07 24 09 03 12 08 04 12 7 Gauhati 17 29 13 42 25 05 30 04 08 12 8 Gujarat 10 03 13 04 03 07 06 0 06 9 Himachal Pradesh # 04 17 08 01 09 05 03 08 10 Jammu & Kashmir # 13 19 06 25 09 04 13 10 02 12 11 Jharkhand # 47 15 62 27 05 32 20 10 30 12 Karnataka $ 31 05 02 07 13 Kerala 27 11 38 22 09 40 13 53 26 08 34 14 05 19 14 Madhya Pradesh # 45 15 60 36 08 44 09 07 16 15 Madras 04 0 04 02 0 02 02 0 02 16 Manipur 03 0 03 03 0 03 0 0 0 17 Meghalaya 20 07 27 18 03 21 02 04 06 18 Orissa $ 29 14 43 27 06 33 02 08 10 19 Patna 64 21 85 31 26 57 33 -05 28 20 Punjab & Haryana # 38 12 50 18 10 28 20 02 22 21 Rajasthan$ 03 0 03 02 0 02 01 0 01 22 Sikkim 04 0 04 04 0 04 0 0 0 23 Tripura 09 02 11 06 0 06 03 02 05 24 Uttarakhand $ 635 210 139 349 Total 674 310 984 464 171

18 ! # Increase ofjuci'~iestre-n-gihw:e~f:-01·:-07-:2014----· i $ Increase of judge strength w.e.f. 14.10.2014 ***************

19 Annex-IV Statement referred to in L~~Sabha Starred Question No. 55 regarding "Pending Court Cases" for reply on 24 November 2014 Sanctioned Strength, Working Strength and Vacancies of Judges in District and Subordinate Courts (As on 31.12.2013) State I Union S. No. Territory Sanctioned Btrenqth Workin!:l Strength Vacancies 184 1. Uttar Pradesh 1922 1738 146 2. Andhra Pradesh 962 816 278 3(a). Maharashtra 2049 1771 9 3(b). Goa 52 43 3(c). Diu and Daman & 1 Silvasa 7 6 West Bengal and 140 4 Andaman & Nicobar 994 854 42 5. Chhattisqarh 328 286 294 6. Delhi 778 484 716 7. Gujarat 1958 1242 139 8(a). Assam 390 251 1 8(b). Naqaland 27 26 13 8(c). Meghalaya 39 26 7 8(d). Manipur 37 30 35 8(e). Tripura 102 67 34 8(f). Mizoram 65 31 1 8(q). Arunachal Pradesh 16 15 6 9. Himachal Pradesh 137 131 18 10. Jammu and Kashmir 244 226 165 11. Jharkhand 572 407 714 365 12. Karnataka 1079 397 30 13(a). Kerala 427 2 13(b). Lakshadweep 3 1 1227 194 14. Madhya Pradesh 1421 99 15(a). Tamil Nadu 972 873 11 10 15(b). Puducherry 21 567 90 16. Orissa 657 892 602 17. Bihar 1494 436 235 18(a). Punjab 671 481 163 18(b). Haryana 644 20 10 18(c). Chandiqarh 30 849 296 19. Rajasthan 1145 12 6 20. Sikkim 18 185 72 21. Uttarakhand 257 15115 4403 Total 19518

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

LOKSABHA UNSTARRED QUESTION NO.56

TO BE ANSWERED ON MONDAY THE 24.11.2014 Appointment of Judges

t56. SHRI SUDHEER GUPTA: SHRI N.K. PREMACHANDRAN: SHRI P. KARUNAKARAN: SHRI INNOCENT: SHRI RAM CHARITRA NISHAD: SHRI P.K. BlIU:

Will the Minister of LAWAND JUSTlCE be pleased to state:

(a) whether the Government has decided to increase the present strength of judges in the Supreme Court and High Courts for reducing the burden of cases in the courts;

(b) if so, the details thereof along with the steps taken by the Government to ensure speedy justice to the people;

(c) whether the Government has received any proposal from the Law Commission to change the present system of appointment of judges;

(d) if so, the details thereof and the time by which it is likely to be implemented; and

(e) if not, the steps taken/proposed to be taken by the Government to introduce a uniform pattern for appointment of judges in various courts of the country?

ANSWER MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANAND A GOWDA)

(a) & (b): There is no proposal to increase the Judge Strength of the Supreme Court.

As regards the Judge Strength of the High Courts, in the Conference of Chief Ministers of the

States and the Chief Justices of the High Courts held on ih April, 2013, it was inter-alia resolved

that the total sanctioned strength of each High Court (Permanent and Additional Judges) be

increased by 25%. As per this decision, the Department of Justice have computed up to 25%

increase of the existing strength of judges (Permanent and Additional) for various High Courts.

21 The then Chief Justice of India had been consulted in the matter and he was agreeable to the same as an interim measure. However, the proposed enhancement needs to be examined in the context of the existing vacancies of Judges, the infrastructure and the staff required for the enhanced strength.

After receiving the approval from the State Governments and the High Courts, the

Judge Strength of the High Courts of Delhi, Himachal Pradesh, Jammu & Kashmir, Madhya

Pradesh, Punjab & Haryana, and Jharkhand have been increased with effect from 1st July, 2014 and the High Courts of Karnataka, Orissa, Rajasthan and Uttarakhand have been increased with effect from 14th October, 2014 with the approval of the Chief Justice of India. After enhancement of Judge Strength of the said High Courts the Judge Strength of the High Courts stands increasedfrom 906 to 984.

(c): Yes, Madam. The Law Commission in its Report No.214 (2008) has stated that the Indian

Constitution provides a beautiful system of checks and balances under Articles 124 (2) and 217

(I) for the appointment of Judges of the Supreme Court and High Courts where both the executive and judiciary have been given a balanced role. This balance has been upset and the original balance of power needs to be restored. The Law may be passed restoring the primacy of the Chief Justice ofIndia and the power of the Executiveto make the appointments.

(d) & (e) : Based on the Law Commission Report and the recommendations contained in various other Reports, views of eminent jurists and other stakeholders, the existing system of appointment of Judges in the Supreme Court and High Courts is proposed to be changed. The

Parliamenthas passed the Constitution (One Hundred and Twenty First Amendment) Bill, 2014, and the accompanying National Judicial Appointments Commission Bill, 2014 for making amendmentsto the Constitutionto establish a National Judicial AppointmentsCommission

22 •

(NJAC) for appointment of Judges of Supreme Court and High Courts. The National Judicial

Appointments Commission would be chaired by the Chief Justice of India. Its membership

would include two senior most Judges of the Supreme Court, the Union Minister of Law and

Justice, two eminent persons to be nominated by a committee of the Prime Minister ofIndia, the

Chief Justice of India, and the Leader of the Opposition in the House of the People, or ifthere is

no Leader of the Opposition, then the Leader of the single largest Opposition Party in the House

of the People. With a view to ensuring that the composition of the National Judicial

Appointments Commission is inclusive, the Bill provides that one of the eminent persons shall

be nominated from amongst persons belonging to the Scheduled Caste, the Scheduled Tribes,

Other Backward Classes, Minorities or Women. The Bills would be sent to the President after

the Constitution (One Hundred and Twenty First Amendment) Bill, 2014 is ratified by one half

of the States.

23 ..

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

LOKSABHA

UNSTARRED QUESTION NO. 64

TO BE ANSWERED ON MONDAY, THE 24TH NOVEMBER, 2014

Cases against MPs and MLAs

64. ADV. CHINTAMAN NAVASHA WANGA: SHRI RAJAN VICHARE:

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

(i) whether the Government has drawn the attention of all the State Governments to the directions of the Supreme Court that cases against Public Representatives needed to be disposed of expeditiously; U) if so, the details thereof and the follow up action taken by the State Governments to ensure mandatory compliance of the directions of the Apex Court; and (k) the steps taken by the Government for release of undertrials languishing in prison for a long time?

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

(a) & (b) : In pursuance to the directions of the Supreme Court in WP (Civil) of No.536 of 2011 in Public Interest Foundation & Others vIs Uol and another dated io" March, 2014, an Advisory on Fast-Tracking of Criminal Trials against sitting MLAs & MPs has been issued by the Ministry of Home Affairs on 24.06.2014 to all States I UTs to take steps for ensuring the compliance of the directions of the Supreme Court. Further, the Home Minister has also written to the Chief Ministers of all the States on 03.09.2014 regarding use of Section 309 of the Code of Criminal Procedure (Cr.P.C.) to fast track the pending cases against MLAs I MLCs I MPs elected from their States.

(c) : Advisory has been issued by Ministry of Home Affairs on 17.01.2013 to States I UTs regarding use of section 436A of the Cr.P.C. to release under trial prisoners and reduce overcrowding of prisons. The Home Minister has also written to Chief Ministers of all States on 03.09.2014 regarding use of section 436 A of Cr.P.C. to release undertrial

24 prisoners and reduce overcrowding in jails of India. Further, the Supreme Court in its order dated 05.09.2014 in Writ Petition No. 310/2005 - Shim Singh Vs. Union of India & Others relating to undertrial prisoners has issued directions for effective implementation of Section 436 A of the Cr.P.C. DG (Prisons) / IG (Prisons) of the all States / UTs have been requested on 22.09.2014 to take necessary action to comply with the order of the Supreme Court in the matter. *****************

25 .:

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOK SABHA UNSTARRED QUESTION NO.118

TO BE ANSWERED ON MONDAY THE 24.11.2014

Corruption in Judiciary

118. SHRI B.V. NAfK:

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

(a) whether the Government is aware of the rampant corruption in the judiciary;

(b) if so, the details thereof; and

(c) the action taken by the Government to remove this evil by bringing fairness, transparency and accountability in the judicial system?

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

(a) and (b): Representations alleging corruption in judiciary are received by the Government from time to time. As per the established "In-House Mechanism" for the higher judiciary. Chief Justice of India is competent to receive complaints against the conduct of the Judges of the Supreme Court and the Chief Justices of the High Courts. Similarly, the Chief Justices of the High Courts are competent to receive complaints against the conduct of High Court Judges The complaints/representations received are forwarded to the Chief Justice of India or to the Chief Justice of the concerned High Court, as the case may be, for appropriate action, Administrative control over the members of the subordinate judiciary in the States vests with the concerned High Court and State Government The Central Government has no mandate to look into suer, complaints or to monitor the action taken on the same

26 (c). To ensure greater accountability and transparency in higher judiciary, a bill titled "The .Iudicial Standards and Accountability Bill", with the aim to achieve the objectives of creating a statutory mechanism for enquiring into individual complaints against Judges of the High Courts and Supreme Court and recommending appropriate action, enabling declaration of assets and liabilities of Judges and laying down judicial standards to be followed by Judges was considered and passed by the Lok Sabha on 2903.2012 However, the Sill could not be discussed in the Rajya Sabha and lapsed consequent to the dissolution of the is" Lok Sabha.

27 r ,,.

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

LOKSABHA

UNSTARRED QUESTION NO. 133

TO BE ANSWERED ON MONDAY, THE 24TH NOVEMBER, 2014

Setting up of Legal Aid Clinics

133. SHRI NISHIKANT DUBEY

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

(a) whether the Government proposes to further strengthen the legal assistance system by setting up of legal aid clinics in all the villages in the country to help the poor segment of the society;

(b) if so, the details thereof, State/UT-wise; and

ANSWER

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

(a) The National Legal Services Authority (Legal Aid Clinics) Regulations, 2011 already provide establishment of legal aid clinics in all villages, or for a cluster of villages, depending on the size of such villages, especially where the people face geographical, social and other barriers for access to the legal services institutions.

(b) A statement showing the number of legal aid clinics set up in villages State-wise is at Annexure.

(c) The aim of the Scheme is to provide an inexpensive local machinery for rendering legal services of basic nature like legal advice, drafting of petitions, notices, replies, applications and other documents of legal importance. In cases where legal services of a higher degree are required, the matter can be referred to the legal services institutions established under the Legal Services Authorities Act, 1987 for further legal assistance from panel lawyers. If the lawyers feel that if any dispute can be resolved

28 through any of the Alternative Dispute Resolution(ADR) mechanisms, they may refer such dispute (s) to the legal services institutions having territorial jurisdiction or to the District ADR centre.

29 Annexure STATEMENT AS REFERRED TO IN REPLY TO PART (b) OF THE LOK SABHA UNSTARRED QUESTION NO.133 FOR 24.11.2014 PUT DOWN BY SHRI NISHIKANT DUBEY REGARDING SETTING UP OF LEGAL AID CLINICS.

(Statement showing the number of Lega Aid Clinics setup in villages, State-wise for the period upto 30.04.2014)

S.No. Name of the State Authority Village Legal Care and Support Centres setup in villages 1185 1 Andhra Pradesh 2 2 Arunachal Pradesh 115 3 Assam 274 4 Bihar 223 5 Chhattisgarh 74 6 Goa 922 7 Guiarat 561 8 Harvana 49 9 Himachal Pradesh 77 10 Jammu & Kashmir 332 11 Jharkhand 164 12 Karnataka 659 13 Kerala 1064 14 Madhya Pradesh 370 15 Maharashtra 3 16 Manipur 54 17 MeQhalaya 32 18 Mizoram 50 19 Naoaland 189 20 Orissa 267 21 Punjab 248 22 Rajasthan 20 23 Sikkim 689 24 Tamil Nadu 73 25 Trioura 2373 26 Uttar Pradesh 11 27 Uttarakhand 377 28 West Bengal Not received 29 Andaman & Nicobar Islands 6 30 Chandigarh U.T 12 31 Dadra & Nagar Haveli U.T. 7 32 Daman & Diu 11 33 Delhi 1 34 Lakshadweeo 37 35 U.T. of Puducherry

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

LOKSABHA UNSTARRED QUESTION NO.149

TO BE ANSWERED ON MONDAY THE 24.11.2014 Vacant Posts of Judges

149. SHRI SHIVKUMAR UDASI: SHRI B. SRIRAMULU:

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

(a) whether a large number of vacant posts in the Judiciary of the country has come in the way of expediting justice access system in the country;

(b) if so, the details of the vacant posts at various levels in the Judiciary, State-wise and Court-wise; and

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

(a) & (b): A large number of vacant posts of Judges is one of the several reasons in slowing

down the process of expeditious disposal of cases. The vacancies of judges in the Supreme

Court of India and the High Courts are given in the Statement at Annexure. I. The vacancies

of Judges in the Subordinate Courts are given in the Statement at Annexure. II.

(c): Pursuant to the Supreme Court Judgment of October 6, 1993 read with their Advisory

Opinion of October 28, 1998, the process of initiation of proposal "forappointment of a Judge of ,t { a High Court rests with the Chief Justice of the concerned High?~ourt and for appointment of a

Judge in the Supreme Court, rests with the Chief Justice ofIndia. In this arrangement, a number

of posts have remained vacant for want of proposals to fill the positions. The

been periodically reminding the Chief Justices of the High Courts to initiate

time for filling the existing vacancies as well as the vacancies anticipated

the High Courts.

31 Filling up of vacant posts of Judges In the High Courts is a continuous

consultative process among Constitutional authorities to select suitable candidates for higher judiciary. 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.

Under Article 235 of the Constitution of India, the administrative control over

the members of subordinate judiciary in the States vests with the concerned High Court.

Further, in exercise of powers conferred under article 309 read with article 233 and 234 of

the Constitution, the State Governments frame rules and regulations in consultation with the

High Courts. Most of the' State Governments have framed State Higher Judicial Service

Rules/State Judicial Service Rules governing service conditions of their own judicial

officers. The Union Government does not maintain data regarding State level judicial

officers as it has no direct role in this regard.

***

--=------32 ./ / .{

Annexure I referred to in reply to parts (a) & (b) of Lok Sabha Unstarred Question No.149 for answer on 24.11.2014

Sl. Vacancies of Name of the Court No. Judges as on 10.11.2014 A Supreme Court of India 03

B High Court 1 Allahabad 75 2 Telangana & Andhra Pradesh 18 3 Bombay 10 4 Calcutta 18 5 Chhattisgarh 08 6 Delhi 24 7 Gauhati 12 8 Gujarat 12 9 Himachal Pradesh 06 10 Jammu & Kashmir 08 11 Jharkhand 12 12 Karnataka 30 13 Kerala 07 14 Madhya Pradesh 19 -~ Ys- Madras 16 16 Manipur 02 17 Meghalaya 0 18 Orissa 06 19 Patna 10 20 Punjab& Haryana 28 21 Rajasthan 22 22 Sikkim 01 23 Tripura 0 24 Uttarakhand 05 Total 349

33 / Annexure II referred to in reply to parts (a) & (b) of Lok Sabha Unstarred Question No.149 for answer on 24.11.2014 " ) Vacancies of Judges in District State / Union and Subordinate Courts S. No. Territory As on 31.12.2013 1. Uttar Pradesh 184 2. Andhra Pradesh 146 3(a). Maharashtra 278 3(b). Goa 9 3(e). Diu and Daman & Silvasa 1 West Bengal and 4 Andaman & Nieobar 140 5. Chhattisgarh 42 6. Delhi 294 7. Gujarat 716 8(a). Assam 139 8(b). Nagaland 1 8(e). Meghalaya 13 8(d). Manipur 7 8(e). Tripura 35 8(f). Mizoram 34 8(g). Arunachal Pradesh 1 9. Himachal Pradesh 6 10. Jammu and Kashmir 18 II. Jharkhand 165 12. Karnataka 365 13(a). Kerala 30 13(b). Lakshadweep 2 14. Madhya Pradesh 194 15(a). Tamil Nadu 99 15(b). Pudueherry 10 16. Orissa 90 17. Bihar 602 18(a). Punjab 235 18(b). Haryana 163 18(e). Chandigarh 10 19. Rajasthan 296 20. Sikkim 6 21. Uttarakhand 72 Total 4403

34 GOVERNMENT OF INDIA

MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)

LOKSABHA

UNSTARRED QUESTION NO. 171

TO BE ANSWERED ON MONDAY, THE 24THNOVEMBER, 2014

Cases Disposed of by Gram Nyayalayas

t171.SHRI COL. SONARAM CHOUDHARY:

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

(I) the various steps being taken by the Government in the direction of judicial reforms, modernisation and infrastructural development in the judiciary along with the achievements made thereunder so far; (m) whether the Gram Nyayalayas Act, 2008 authorises Gram Nyayalayas to conduct mobile courts for speedy disposal of cases to provide speedy justice to rural people; (n) if so, the details thereof; (0) the number of cases reported / disposed of by the Gram Nyayalayas during each of the last three years and the current year, State-wise; and (p) the steps taken by the Government to make Gram Nyayalayas more effective?

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

(a): The overall goal of the National Mission for Justice Delivery and Legal Reforms is timely delivery of justice and enhancing accountability through structural changes. The National Mission was set up in August, 2011 and has a time frame of five years. The major initiative under the National Mission relate to Infrastructure Development for Subordinate Judiciary and Computerization of Courts. The Central Government has provided financial assistance to the tune of Rs. 2,198 crores to State Governments and Union Territories for upgradation / construction of court complexes and residential units for judicial officers in the last three years. Under the eCourts Project 13,323 courts have been computerized by 31st October, 2014. Computerization of courts would enable the courts to exercise greater control over management of cases in the docket. It will also provide designated services to the litigants and the lawyers. In order to reduce government

35 litigation in courts the Central Government has encouraged the States to notify their litigation policies which contain provisions for weeding out infructuous cases and promote dispute resolution through alternative mechanisms. The Government has also identified the areas prone to excessive litigation for adopting suitable policy and legislative measures to curb such litigation. As a result of the concerted efforts made by all stake-holders the increasing trend of pendency of cases in subordinate courts has been checked.

(b) to (e) : In terms of section 3 (1) of the Gram Nyayalayas Act, 2008, the State Governments may establish Gram Nyayalayas at intermediate Panchayat level in consultation with the respective High Courts with a view to provide access to justice to citizens at their doorsteps. Further, in terms of Section 9 of the Act, the Nyayadhikari shall periodically visit the villages falling under his jurisdiction and conduct trial or proceedings at any place which he considers is in close proximity to the place where the parties ordinarily reside or where the whole or part of the cause of action had arisen, provided that where the Gram Nyayalaya decides to hold mobile court outside its headquarters, it shall give wide publicity as to the date and place where it proposes to hold mobile court.

Central Government has been encouraging the States to set up Gram Nyayalaya by providing financial assistance within the prescribed norms. The details of cases settled by Gram Nyayalayas are however not maintained centrally.

Central Government has been making regular requests to the Chief Ministers of States and Chief Justices of High Courts for establishment of Gram Nyayalayas in the respective States. The issues affecting the implementation of Gram Nyayalayas Act were discussed in the Conference of Chief Justices of the High Courts and Chief Ministers of

the States on 07th April, 2013. It has, inter-alia, been resolved in the Conference that the State Governments and High Courts should decide the question of establishment of Gram Nyayalayas, wherever feasible, taking into account their local problems. *******

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

LOKSABHA

UNSTARRED QUESTION NO. 182

TO BE ANSWERED ON MONDAY, THE 24TH NOVEMBER, 2014

Pending Cases Related to Labour

t182.SHRI BHARAT SINGH:

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

(q) the total number of labour related cases pending in High courts in the country including Uttar Pradesh; (r) whether the number of pending cases have constantly increased during the last decade; and (s) if so, the steps taken by the Government for filling up vacant posts of judges to ensure speedy disposal of pending cases related to labour?

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

(a) to (c) : Data on pendency of cases is compiled by the High Courts. Information about pendency of cases in Civil and Criminal matters is periodically obtained from High Courts, however, information on pendency of cases related to labour is not being obtained separately. As per records available High Court-wise pendency of cases including Allahabad High Court, is given in Statement annexed. As per information available, total number of cases pending in High Courts has increased from 31.22 lakh in 2003 to 44.62

lakh in 2013.

Disposal of cases is in the domain of the judiciary. However, to enable the High Courts to clear the backlog of cases, the Chief Justice of India has given in-principle concurrence to the joint recommendation in the Chief Ministers / Chief Justices Conference to increase the sanctioned strength of High Courts by 25% of the existing strength. The High Courts and State Governments have been requested to convey their consent to the proposal, keeping in view the existing vacancies, as also the requirements

37 of additional court room infrastructure, staff and budgets. Specific proposals in respect of some of the High Courts have been received from the State Governments, and approved by the Hon'ble Chief Justice of India. In the case of the other High Courts, the State Governments have been reminded to expedite their concurrence.

As per the Memorandum of Procedure, initiation of proposals for appointment of Judges of a High Court rests with the Chief Justice of the concerned High Court. The Government is periodically reminding the Chief Justices of the High Courts to initiate proposals in time for filling up the existing vacancies as well as the vacancies anticipated in the next six months in the High Courts. The filling up of vacancies in the High Courts is a continuous consultative process among the Constitutional authorities. 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. For filling of vacancies in District and Subordinate Courts, the matter is regularly pursued with High Courts / State

Governments. *****************

38 Annexure Statement referred to in Lok Sabha Unstarred Question No. 182 regarding "Pending th Cases Related to Labour" for reply on 24 November, 2014 Pendency of Cases in High Courts in the year 2013

S. Name of High Court Pendency of Cases as on 31.12.2013 No. 1 Allahabad 104339E 2 Andhra Pradesh 23245£ 3 Bombay 349837 4 Calcutta 28000E 5 Delhi 64652 91952 6 Gujarat 7 Gauhati 40912 8 Himachal Pradesh 60072 9 Jammu &Kashmir 9303E 196972 10 Karnataka 13215~ 11 Kerala 55747£ 12 Madras 261611 13 Madhya Pradesh 20682L 14 Orissa 132155 15 Patna 262760 16 Punjab & Haryana 307640 17 Rajasthan 12C 18 Sikkim 20686 19 Uttarakhand 4413S 20 Chhattisgarh 72958 21 Jharkhand 583.:1 22 Tripura* 3852 23 Manipur* 118£ 24 Meghalya* 446270E Total . . ," *Operatlonallzatlon of 3 new High Courts was notified on 23 March 2013. ****************

.-_ '''' ..

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

LOKSABHA

UNSTARRED QUESTION NO. 203

TO BE ANSWERED ON MONDAY, THE 24TH NOVEMBER, 2014

Cases Disposed of by Lok Adalats

+203. SHRI DEVUSINH CHAUHAN: SHRI C.S. PUTTA RAJU: SHRI RAHUL KASWAN:

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

(d) the details of Lok Adalats organised in different States/UTs along with the number of cases heard, disposed off and laying pending in these Lok Adalats in various States during each of the last three years, State-wise;

(e) the details of compensation provided by the Lok Adalats during the said period;

(f) whether due to a large number of pending cases in the courts, the Government proposes to organise Lok Adalats more than once in a year; and

(g) if so, the details thereof?

ANSWER

MINISTEROF LAWAND JUSTICE (SHRI o.v. SADANANDAGOWDA)

(a) & (b) A statement indicating details of Lok Adalats organized, cases disposed off and compensation paid in MACT during each of the last three years, State-wise is attached as Annexure.

(c) & (d) National Legal Services Authority (NALSA) through the State Legal Services Authority, Supreme Court Legal Services Committee, High Court Legal Services Committees, District Legal Services Authorities and Taluk Legal Services Committee have been organizing Lok Adalats all over country regularly either on a daily, fortnightly or monthly basis in addition to the National and Mega Lok Adalats.

,~ :_ -- :;.-

40 Govt. of India has also issued guidelines with regard to organizing more and more Lok Adalats for disposal of cases speedily so that the system of Lok Adalats would reduce the burden of courts. Apart from the guidelines under the Legal Services Authorities Act, the National Legal Services Authority has resolved to hold two National Lok Adalat in a year.

,,~-

41 Annexure

STATEMENT AS REFERREDTO IN REPLYTO PARTS(a) to (b) OF THE LOK SABHA UNSTARREDQUESTION NO.203 FOR 24.11.2014, PUT DOWN BY SHRI DEVUSINH CHAUHAN, SHRI C.S. PUnA RAJUAND SHRI RAHUL KASWAN REARDING CASESDISPOSEDOFF BY LOK ADLATS.

(Statement showing the information of number of cases held and disposed of and Compensation paid in MACT Casesduring each of the last three Calender years, i.e. 2011, 2012, 2013 and 2014(upto September, 2014).

S.No. StlteLegalServices No.oflok NO.Cases t Compensation No.oflok f Compensation No.Cases No.oflok No.Cases f Compensation No.oflok No.Cases f Compensation Author~y(SLSA) Adalat disposedof paidin MACT Adalat disposedof paidinMACT Adalat disposedof paidinMACTCases. Adalat disposedof paidinMACT organised Cases. organised Cases. organised organised Cases.

lOll lOll lOll lOll lOll lOll lOll lOll 201l 20141Upto2014{Upto 2014(uotoSept, Sept.14} Sept,14} 141

I, ~ndhra Pradesh 15,996 95,926 1,26,88,70,527 15,412 2,12,933 1,59,50,55,32714,690 2,12,933 1,85,20,47,981 9,607 72,765 1,10,99,64 89 I , ~runachalPradesh 20 8 10,00,000 11 15 5,00,000 34 624 30,15,000 1 83 J f\ssam 73 3,864 4,22,99,900 65 4,731 18,09,98,657 52 62,114 29,35,61,768 32 28,661 16,19,52,96 4 Bihar 2,545 61,221 4,67,50,361 2,345 49,448 2,58,40,498 2,209 42,410 4,96,96,139 784 30,692 6,19,61,48 5 Chhattisqarh 1,731 6,663 16,16,89,821 2,135 6,913 5,53,52,360 2,039 7,68,845 53,18,28,712 1,638 62,519 7,69,53,06 6 Goa 67 181 13,60,000 99 2,169 19,55,000 123 654 3,02,18,633 37 1,015 1,47,11,00 Gujarat 10,189 3,65,012 1,01,26,37,295 10,411 1,74,197 67,19,24,677 10,973 2,23,270 1,39,93,55,309 7,892 94,876 82,61,83,78

8 Haryana 1,437 50,587 16,53,84,600 2,586 51,438 15,69,12,751 3,169 1,94,594 26,02,15,350 45,973 1,76,721 26,01,55,94

9 HimachalPradesh 576 9,507 1,04,66,030 417 5,332 36,29,66,951 732 25,995 8,28,25,774 1,028 24,623 1,93,13,00 10 ammu& Kashmir 516 13,474 12,06,83,780 568 10,861 13,70,90,999 597 63,659 32,14,02,109 268 7,099 5,34,92,44 11 hark hand 4,744 39,631 5,05,21,118 2,607 36,089 4,15,62,738 1,360 1,44,989 12,90,63,232 2,458 41,965 7,39,51,29 12 ~arnataka 30,642 2,13,015 48,04,35,821 16,206 1,08,243 20,65,25,139 18,788 1,73,226 1,07,41,14,086 18,395 1,99,821 1,13.59.73.42 13 ~erala 3,727 25,026 55,81,15,285 4,148 25,044 55,54,14,011 4,616 44,455 1,00,00,03,685 2,806 37,122 42,60,17,62 14 ~adhya Pradesh 1,337 14,07,820 3,20,02,53,224 1,428 28,22,459 86,81,57,835 1,683 20,52,228 1,20,23,82,705 1,247 20,088 45,77,49,75 15 ~aharashtra 3,454 4,57,425 1,29,74,66,240 2,887 5,97,123 1,19,92,01,5042,279 4,38,018 2,87,84,85,884 1,854 2,16,367 80,58,41,10 16 ~anipur 4 84 69,28,000 3 77 57,82,500 16 932 3,79,97,000 6 322 17 ~eghalaya 19 450 1,01,64,413 7 137 - 23 1,000 1,25,000 17 383 18 ~izoram 32 49 - 16 64 - 43 402 - 65 249 19 ~agaland 44 248 2,71,49,716 58 276 1,16,30,000 27 1,737 3,15,79,000 15 171 5,00,00 20 pdisha 727 2,37,042 43,97,22,776 846 1,91,774 46,65,27,547 1,054 3,74,443 79,50,20,629 702 83,045 25,88,55,80 121 Punjab 3,473 78,524 7,19,89,443 3,295 2,18,051 10,65,36,343 3,388 3,67,160 25,13,70,480 2,451 28,336 87,37,18 22 Rajasthan 18,001 2,56,427 1,OS,10,58,656 21,037 1,95,246 43,87,24,849 25,804 3,20,058 1,20,63,57,455 15,350 2,11,541 86,94,96,98 I 23 ~ikkim 141 677 - 173 931 - 239 1,152 - 263 567 24 amil Nadu 5,188 79,714 1,76,14,23,620 4,965 78,142 2,54,02,18,820 5,733 14,59,974 14,08,00,25,3374,104 15,75,721 3,83,10.47.20 25 elangana - - - 2,084 15,421 40,32,44,71 26 ripura 88 7,813 1,37,62,800 82 8,245 1,61,07,490 225 26,435 3,42,06,230 108 18,553 88,89,35 27 ~ttar Pradesh 2,833 4,52,316 30,41,33,171 3,638 6,35,338 41,08,73,254 3,692 16,61,425 1,28,00,90,023 1,960 6,27,403 42,40,39,18 28 ~ttarakhand 203 44,673 9,22,12,734 189 31,840 6,22,13,537 180 55,797 10,03,06,227 148 21,799 3,29,33,15 29 f/vest Bengal 1,323 28,473 23,97,55,111 1,462 3,71,153 22,83,53,591 1,564 4,03,009 36,66,74,310 1,035 4,39,128 29,24,31,09 30 ndamanandNicobar 62 2,659 25,02,000 31 0 16,10,000 8 2,048 4 - - 12,63,36,42 31 ~T Chandigarh 961 32,459 8,13,97,191 830 47,828 3,77,20,859 804 79,459 8,67,14,731 469 24,426 - 132 padraandNagarHave 2 173 - 4 132 - 2 117 - - 146 I 33 paman and Diu 1 - 4,98,000 7 5 0 6 1,654 - 4 24,20,64,129 763 59,550 18,58,29,95 I 34 pelhi 1,113 1,54,314 14,59,38,106 1,252 1,63,589 11,47,47,503 1,200 4,09,541 13 - - 35 akshadweep 115 97 - 65 5 0 68 - - 19,130 6,90,75,988 59 6,508 4,89.87,60 I 36 Puducherry 107 10,092 87,34,000 102 1,266 4,16,23,897 102

• Details of Compensenon paid other than MACT matters are not matntamed In this AuthOrity.

42 ..

GOVERNMENTOF INDIA MINISTRYOFLAWAND,JUSTICE DEPARTMENTOF,JUSTICE

LOKSABHA UNSTARREDQUESTIONNO.224

TO BEANSWEREDON MONDAY,THE24thNOVEMBER,2014

Functioning of Fast Track Courts

224. SHRI C. N. ,JAYADEVEN: SHRI R. DHRUVANARAYANA: SHRI PREMSINGHCHANDUMA,JRA: SHRISAN,JAYHARIBHAU,JADHAV: Will the Minister of LAWAND-,JUSTICEbe pleased to state: (a) the details of Fast Track Courts (FTCs)functioning in the country, State/UT..wise;

(b) the number of cases registered, pending and disposed of in each of these courts since inception of FTCs in 2000, State/UT..wise including ,Jharkhand;

(c) whether these courts are not fully functioning due to inadequacy of funds and if so, the details thereof alongwith the details of funds allocated and expenditure incurred in setting up of these courts during the last three years and the current year;

(d) whether the Government is contemplating to discard the proposal of fast track courts in the country; and

(e) if so, the details thereof and the reasons therefor?

ANSWER MINISTEROF LAW& ,JUSTICE (SHRID. V. SadanandaGowda)

(a)to(c): Setting up of courts including Fast Track Courts (FTCs) is the responsibility of the State Governments under the Constitution of

India. Central funding to States for FTCs, established under the 11th

Finance Commission Award, has been discontinued with effect from 1st April, 2011. Some States have continued FTCs beyond 31.03.2011 with

43 , .. their own resources. A statement indicating the number of Fast Track l, Courts (FTCs)earmarkedby 11th Finance Commissionin the year 2000, functioning as on 31/03/2005, 31/03/2011 and as per the latest available reports is enclosed at Annexure-I. A statement regarding available Information indicating the number of cases transferred to Fast Track Courts (FTCs),disposedoff by FTCsand pendingin FTCsis enclosed at Annexure-II.

The Central Governmenthas decided to provide funds upto a maximum of Rs. 80 crore per annum on a matching basis upto

31.03.2015 from the 13th Finance Commission Award for meeting expenditure on salaries of the 10% additional positions of Judges being created in the subordinate Judiciary following the direction of Supreme Court in the case of Brij Mohan Lal Vs. Union of India. The State Governmentsand Chief Justices of High Courts have been requestedto utilise these positions for creation of FTCsalso.

(d)&(e): In the Conferenceof Chief Ministers and Chief Justices held in New Delhi on 7th April, 2013, it has been resolved that the State Governments shall, in consultation with the Chief Justices of the respective High Courts, take necessary steps to establish suitable number of FTCs relating to offences against women, children, differently abled persons, senior citizens and marginalized sections of the society, and provide adequatefunds for the purposeof creating and continuing them. Government has requested the State Governments and the Chief Justices of the High Courts to implement this decision.

44 ,. '\ Annexure-I

STATEMENT REFERRED TO IN REPLY TO PARTIal OF THE LOK SABHA UNSTARREDQUESTION NO. 224 TO BE ANSWERED ON 24THNOVEMBER 2014

STATEMENT REGARDING NUMBER OF FAST TRACK COURTS APPROVED FOR 11TH FINANCE COMMISSION FUNDING IN 2000 AND FUNCTIONAL AS ON 31/3/2005, 31/312011 AND ON THE DATE MENTIONED

S1. Name of the State Approved no. of No.ofFTCs No.ofFTCs No.ofFTCs As on No. FTCs as in 2000 functional as functional as functioning on 31/3/2005 on 31/3/2011 1 Andhra Pradesh 86 86 108 72 April, 14 2 Arunachal Pradesh 5 3 3 0 March,14 3 Assam 20 20 20 20 Oct.12 4 Bihar 183 150 179 179 March. 11 5 Chhattisgarh 31 31 25 21 April,14 6 Goa 5 5 5 5 July, 14 7 Gujarat 166 166 61 61 Feb.,ll 8 Haryana 36 16 6 6 Dec.l0 9 Himachal Pradesh 9 9 9 0 June, 14 10 Jammu & Kashmir 12 - - 5 June, 14 11 Jharkhand 89 89 39 11 March, 14 12 Kamataka 93 93 87 39 March, 14 13 Kerala 37 31 38 38 Aug., 13 14 Madhya Pradesh 85 66 84 84 Dec.l0 15 Maharashtra 187 187 51 92 June, 14 16 Manipur 3 2 2 2 Oet.12 17 Meghalaya 3 3 3 3 June, 14 18 Mizoram 3 3 3 3 March 11 19 Nagaland 3 2 2 2 Oct. 12 20 Odisha 72 41 35 30 June, 14 21 Punjab 29 18 15 20 March, 14 22 Rajasthan 83 83 83 0 March.14 23 Sikkim 3 - 1 March, 14 24 Tamil Nadu 49 49 49 32 June, 14 25 Tripura 3 3 3 2 June, 14 26 Uttar Pradesh 242 242 153 153 March 11 27 Uttarakhand 45 45 20 0 July, 14 28 West Bengal 152 119 109 77 Aug., 14 29 Delhi - - - to March,14 Total 1734 1562 1192 968

------,.

Annexure-lf

STATEMENT REFERRED TO IN REPLY TO PART(b) OF THE LOK SABHA UNSTARRED QUESTION NO. 224 TO BE ANSWERED ON 24THNOVEMBER 2014

Statement regarding number of casestransferred to FastTrack Courts (FTCs),cases disposed off by FTCsand pending in FTCs

SI. Name of the state No. of cases No. of No. of cases As on No transferred to cases pending in FTCssince disposed FTCsas on inception off by FTCs 1 2 3 4 5 6 1 Andhra Pradesh 265545 248457 17088 April, 14 2 Arunachal Pradesh 4236 1731 2505 Sept.ll 3 Assam 84098 72240 11858 Oct.12 4 Bihar 239278 159105 80173 March.ll 5 Chhattisgarh 94670 76575 18095 March.ll 6 Goa 11159 10076 1083 Aug.,14 7 Gujarat 537636 434296 103340 Feb.ll 8 Haryana 38359 33590 4769 Dec.l0 9 Himachal Pradesh 54651 47480 7171 Dec.12 10 Jharkhand 110027 87789 22238 March 11 11 Karnataka 218402 184067 34335 Aug.l0 12 Kerala 125531 110509 15022 Dec.12 13 Madhya Pradesh 360602 317363 43239 Dec.l0 14 Maharashtra 423518 381619 41899 Feb.ll 15 Manipur 3512 3287 225 Oct.12 16 Meghalaya 1288 973 315 Oct.12 17 Mizoram 1868 1635 233 March 11 18 Nagaland 845 786 59 Oct.12 19 Odisha 73093 67700 5393 March.12 20 Punjab 58570 46347 12223 Dec.l0 21 Rajasthan 149447 123024 26423 March.11 22 Tamil Nadu 411957 371336 40621 March 11 23 Tripura 5812 5591 221 March 11 24 Uttar Pradesh 464775 411658 53117 March 11 25 Uttarakhand 112726 103208 9518 June,12 26 West Bengal 196240 166711 29529 Aug., 14 27 Delhi 20840 11354 9486 Dec.12 Total 4068685 3478507 590178

46 GOVERNMENTOF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOK SABHA

STARRED QUESTION NO.*167

TO BE ANSWERED ON THURSDAY 4TH DECEMBER, 2014

Indian Legal Service and State Judicial Services

*167. DR. C. GOPALAKRISHNAN:

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

(a) whether the Supreme Court has recently given direction for creation of additional posts under State Judicial Services and if so, the details thereof; (b) the follow-up action taken thereon including the number of additional posts created in each State; (c) the number of candidates appointed under the Indian Legal Service (ILS) during each of the last three years and the current year; and (d) whether the Government proposes to increase the number of posts under ILS and if so, the details thereof?

ANSWER

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

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

47 STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (d) of LOK SABHA STARRED QUESTION NO. *167 FOR ANSWER ON 04TA DECEMBER, 2014.

(a) and (b): The Supreme Court, in the case of Imtiyaz Ahmed versus State of Uttar Pradesh & Others, inter-alia, asked the Law Commission of India to evolve a method for scientific assessment of the number of additional courts to clear the backlog of cases. The Law

Commission, in its 245th Report, titled "Arrears and Backlog: Creating Additional judicial (wo) manpower", inter-alia, recommended 'Rate of Disposal Method' for calculating adequate judge strength for District and Subordinate Courts. The other recommendations of the Law Commission in the Report include increasing the retirement age of judges of subordinate courts, creation of special morning and evening courts for traffic / police challan cases, provision of adequate staff and infrastructure for the working of additional courts and enabling uniform data collection and data management method by High Courts in order to ensure transparency and to facilitate data based policy prescriptions for the judicial System.

As the subject matter of creation and filling up of posts in subordinate judiciary falls within the domain of State Governments and High Courts, the recommendations of the Law Commission have been forwarded to them. Supreme Court vide its orders dated 01.05.2014, 20.08.2014 and 12.11.2014 has directed State Governments and High Courts concerned to file

their response in the matter before them.

current year is as under:- No of appointments made in ILS during 2014 2011 2012 2013 4 9 18 19

(d) A proposal for creation of 20 posts in the Legislative Counsels Service Cadre is under

consideration. **********************

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

LOK SABHA

STARRED QUESTION NO.*170

TO BE ANSWERED ON THURSDAY 4TH DECEMBER, 2014

Gram Nyayalayas

*170. SHRI VIJAY KUMAR HANSDAK: SHRI KUNWAR PUSHPENDRA SINGH CHANDEL:

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

(a) the number of Gram Nyayalayas set up in the country under the Gram Nyayalayas Act, 2008, State I UT-wise; (b) whether a number of States have yet to set up Gram Nyayalayas; (c) if so, the details thereof including the reasons for the slow progress in the matter; (d) the funds allocated, released and utilised by the States for the establishment of Gram Nyayalayas during each of the last three years and the current year, State I UT-wise; and (e) the steps taken I being taken by the Government to expedite the setting up of such courts in the States?

ANSWER

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

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

49 STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (e) of LOK SABHA STARRED QUESTION NO. *170 FOR ANSWER ON 04TR DECEMBER, 2014.

(a) to (e): In terms of Section 3 (1) of the Gram Nyayalayas Act, 2008, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts. State-wise progress of setting up of Gram Nyayalayas and the financial assistance provided to State Governments during the last three years is as under:

SI. State Gram Gram Amount released (Rs. in Lakhs) No Nyayalayas Nyayalayas 2011-12 2012-13 2013-14 Notified Operationalised 1 M.P. 89 89 156.80 0.00 284.80 2 Rajasthan 45 45 144.00 243.00 215.20 3 Karnataka 2 0 25.20 0.00 0.00 4 Orissa 16 12 110.60 0.00 0.00 0.00 5 Maharashtra 18 10 9.60 15.80 0.00 6 Jharkhand 6 0 0.00 75.60 0.00 7 Goa 2 0 0.00 25.20 0.00 8 Punjab 2 1 0.00 25.20 0.00 9 Haryana 2 2 0.00 25.20 0.00 10 Uttar Pradesh 12 0 0.00 0.00 500.00 Total 194 159 446.20 410.00 No financial assistance has been released till 30.11.2014 during current financial year (2014-

15).

Majority of States have now set up regular courts at Taluka level. Further, reluctance of police officials and other State functionaries to invoke jurisdiction of Gram Nyayalayas, lukewarm response of Bar, non-availability of notaries and stamp vendors, problem of concurrent jurisdiction of regular courts are other issues indicated by the States, which are coming in the way of operationalization of the Scheme.

The issues affecting the implementation of the Gram Nyayalayas scheme were discussed in the Conference of Chief Justices of High Courts and Chief Ministers of the States on th April, 2013. It has, inter-alia, been decided in the Conference that the State Governments and High Courts should decide the question of establishment of Gram Nyayalayas wherever feasible, taking into account their local problems. The focus is on covering those Talukas under the Gram Nyayalayas scheme where regular courts have not been set up. **********************

50 .------_._------

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA Unstarred Question, No.1850 To be answered on Thursday, the 4th December, 2014

Use of Information Technology

1850 SHRI RAMSINH RATHWA :

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

a) whether the Government has prepared a National Policy and Action Plan for implementation of Information and Communication Technology in the judiciary;

b) if so, the details and salient features thereof; and

c) the time by which the said policy is likely to be implemented?

ANSWER MINISTEROF LAW AND JUSTICE (Shri D. V. Sadananda Gowda)

a) to c) The Government Is implementing the eeourts Project envisaging computerisation of, and delivery of online citizen centric services in/14,249 districts and subordinate courts In the country by 31st March, 2015. The Supreme Court of India has finalised the 'Policy and Action Plan Document for Phase II of the eCourts Project' envisaging further enhancement of ICT enablement of judiciary through computerisation of additional courts; provision of additional hardware in existing courts; computer training labs in state Judicial Academies; Connectivity improvements; use of cloud computing; Digitization of case records; and provision of Authentication Devices (PDAs) for process servers. The citizen centric services would also be further enhanced through new initiatives such as e-filing, e• payments, SMS and mobile application based service delivery, Information kiosks in Court complexes etc. The duration of the eCourt Phase II project mentioned in the Policy document is three years.

51 ...... --=.-=--'-'-=.'<"-'-'----'-~-.------~-

-.I

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DePARTMENT OF JUSTICE

LOK SABHA UNSTARRED QUESTION NO. 1856

TO BE ANSWERED ON THURSDAY, THE 4th DECEMBER, 2014

The Dowry Prohibition Act

+1856. SHRIMATI ttAMLA DeVI PAATLE :

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

(a) whether a large number of cases of misuse of the Dowry Prohibition Act, 1961 have come to the notice of the Government during each of the last three years and the current year and if so, the details thereof; (b) whether the Supreme Court has recently made certain observation regarding arrest of a person without verifying the allegations made for violation of the said Act ; (c) if so, the details thereof along with the reaction of the Government thereto; (d) whether ·the Government proposes to review and amend the said Act to check its misuses; and (e) if so, the details thereof and if not, the other steps takenl being taken by the Government in this regard?

52 - ..-.------~ '------,'------

ANSWER MINISTER OF LAW e: JUSTICE (SI-lRa D. V. Sadananda Gowda)

(a): Data regarding number of cases of misuse of the Dowry Prohibition Act, 1961 is not maintained.

(b)&(c): Recently the Hon'ble Supreme Court in the case of Arnesh Kumar vs State of Bihar on 2nd July, 2014 has expressed concern over increasing misuse of Section 498A of Indian Penal Code, 1860 (IPC). The Apex Court directed all States/UTs Administrations to ensure that police officers should not automatically arrest a person when a case under Section 498A apc (which deals with cruelty by husband and his relatives including cruelty related to dowry harf!5sment) is registered but to satisfy themselves about the necessity of such arrest as per the parameters laid down in Section 41 of Code of Criminal Procedure (CrPC).

Government has issued an advisory to all the Chief Secretary/Secretaries of the States/UTs Administrations vide D.O. tetter No. 14·16/2014·WW 011 11th July, 2014 in the light of the judgment passed on 2nd July 2014 by Hon'ble Supreme COlU-tin the case of Arnesh Kumar vs State of Bihar (Special Leave Petition (Cri) 1\10.9127/2013) to ensure that, police officers do not automatically arrest when a case under Section 498· I A of the Indian Penal Code is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41, Cr.PC.

(d)&(e): Implementation of various legislations is regularly reviewed and if required, necessary amendments are carried out for effective implementation.

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

LOK SABHA

UNSTARRED QUESTION NO. 1863

TO BE ANSWERED ON THURSDAY, THE 04TH DECEMBER, 2014

Recruitment and Administration in Lower Courts 1863. SHRI N. K. PREMACHANDRAN:

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

(a) whether the Government is aware of the different methods of recruitment and administration adopted in lower courts under various State Governments; (b) if so, whether the Government proposes to issue guidelines for maintaining uniformity in this regard; (c) if so, the details thereof and if not, the other steps taken I proposed to be taken by the Government in this regard; (d) whether the Government has received any recommendation from the Law Commission for creating All India Judicial Service; and (e) if so, the action taken thereon by the Government?

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

(a) to (e): Under Article 235 of the Constitution of India, the control over District and Subordinate Courts in the States vests with the concerned High Court. Further, in exercise of powers conferred under article 309 read with articles 233 and 234 of the Constitution, the State Governments frame rules and regulations in consultation with the High Courts for recruitment of persons to Judicial Service. Most of the State Governments have framed State Higher Judicial Service Rules / State Judicial Service Rules governing service conditions of their own judicial officers. During the Conference of the Chief Ministers of States and the Chief Justices of the High Courts held in March. 2006. it was inter-alia decided that where selection of subordinate Judicial Officers is not being made by the High Courts, such selection be entrusted to the High

Court, by amending the relevant rules.

The creation of AIJS was recommended by Law Commission of India in its 14th Report (1958). Later, Law Commission reiterated this recommendation in 7ih Report (1978) and 116th

Report (1986).

54 A comprehensive proposal was formulated for constitution of an All India Judicial Service (AIJS) and the same was approved by the Committee of Secretaries in November, 2012. The proposal was included as an agenda item In the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013 and it was decided that issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. However. there is divergence of opinion among the State Governments and High Courts on constitution of All India Judicial Service.

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

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

LOK SABHA

UNSTARRED QUESTION NO. 1903

TO BE ANSWERED ON THURSDAY, THE 04TH DECEMBER, 2014

Law Commission Report

1903. KUMARI SHOBHA KARANDLAJE:

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

(a) whether the Law Commission has recently submitted its report to the Government; (b) if so, the salient features of the recommendations made to clear the backlog of cases pending in various courts in the country; (c) whether increasing the retirement age of Judges particularly Judges of Subordinate Courts, setting up of special morning and evening courts etc. are part of the said recommendations; (d) if so, the details thereof; and (e) the time by which these recommendations are likely to be implemented by the Government?

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

(a) to (e): The Supreme Court, in its order dated 1st February, 2012, in the case of Imtiyaz Ahmed versus State of Uttar Pradesh & Others, inter-alia asked the Law Commission of India to evolve a method for scientific assessment of the number of additional courts to clear the backlog

of cases. The Law Commission. in its 245th Report, titled "Arrears and Backlog Creating Additional Judicial (wo) manpower". inter-alia. recommended 'Rate of Disposal Method' for calculating adequate judge strength for District and Subordinate Courts. The other recommendations of the Law Commission in the Report include increasing the retirement age of judges of subordinate courts, creation of special morning and evening courts for traffic / police challan cases, provision of adequate staff and infrastructure for the working of additional courts and enabling uniform data collection and data management method by High Courts in order to ensure transparency and to facilitate data based policy prescriptions for the Judicial System.

As the subject matter of creation and filling up of posts in subordinate judiciary falls within the domain of State Governments and High Courts. the recommendations of the Law

56 , Commission have been forwarded to them. Supreme Court has directed State Governments and High Courts concerned to file their response in the matter before them.

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

..: -I

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

LOK SABHA

UNSTARRED QUESTION NO. 1913

TO BE ANSWERED ON THURSDAY, THE 04TH DECEMBER, 2014

Faith in Judiciary 1913. SHRI NANDI YELLAIAH:

Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Government is aware that the Supreme Court during 2012 had made an observation that the people's faith in the judiciary was decreasing thereby posing a threat to Constitutional and Democratic governance of the country; (b) if so, the action taken by the Government in this regard; (c) the number of Judgements delivered by the Supreme Court but kept pending for delivery to the respective States and Union Territories during 2009, 2010 and 2011 along with the reasons therefor; and (d) the other steps taken I proposed to be taken by the Government to restore the faith in the judiciary? ANSWER MINISTER OF LAW & JUSTICE (SHRI D. V. SADANANDA GOWDA)

(a) to (d): The Supreme Court has expressed its concern on the huge pendency of cases in various courts of the country in some of its judgements in the recent past. Disposal of cases in courts falls within the domain of the judiciary In order to expedite the trial of court cases, a number of legislative changes have been made in procedural laws which include provisions for limiting adjournments of court proceedings in criminal and civil matters as contained in Section 309 of the Code of Criminal Procedure, 1973 and Order XVII of the Code of Civil Procedure,

1908.

Further, in order to assist the judiciary, the Government has set up a National Mission for Justice Delivery and Legal Reforms to achieve twin goals of (i) increasing access to justice by reducing delays and arrears; and (ii) enhancing accountability through structural changes and by setting performance standards and improving capacities. The Mission has adopted a coordinated approach for phased liquidation of arrears and pendency in judicial administration by providing support for better court infrastructure including computerisation, encouraging increase in the strength of subordinate judiciary and recommending policy and legislative

measures in the areas prone to excessive litigation.

58 The challenges posed by huge backlog and pendency of cases in our judicial system cannot be met without the active involvement of the judiciary. The Chief Justice of India, after consulting the Minister of Law and Justice, established the National Court Management Systems (NCMS) in May, 2012. The 'Policy and Action Plan' document to implement NCMS was released by the Chief Justice of India on 27.9.2012. NCMS is responsible for preparing a policy guideline for developing a National Framework of Court Excellence (NFCE) to set measurable performance standards for Indian courts to address issues of quality, responsiveness and timeliness to facilitate timely delivery of justice.

Judgements and orders of the Hon'ble Supreme Court are reported in various Law Reports. Copies of the Judgements and Orders of the Supreme Court are also available on-line at Supreme Court's website. ************************

59 ,& GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

-' -; LOKSABHA UNSTARRED QUESTION NO.1955

TO BE ANSWERED ON THURSDAY, THE 04.12.2014 Appointment of Judges

t 1955. SHRI YOGI ADITYA NATH:

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

(a) the procedure adopted by the Government in appointment of Judges in High Courts and Supreme Court; (b) whether the Government proposes to bring more transparency in such appointment; (c) if so, the details thereof along with the time by which it is Iikely to be implemented; and (d) if not, the other steps taken/proposed to be taken in this regard?

ANSWER MINISTER OF LAW AND JUSTICE

(SHRI D.V. SADANANDA GOWDA)

(a); Every Judge of the Supreme Court and the High Courts shall be appointed by the

President by Warrant under his hand and seal under Articles 124 and 217 of the Constitution of

India respectively. Pursuant to the Supreme Court Judgment of October 6, 1993 read with their

Advisory Opinion of October 28, 1998, the process of initiation of proposal for appointment of a

Judge of a High Court rests with the Chief Justice of the concerned High Court and for

appointment of a Judge in the Supreme Court, rests with the Chief Justice of India.

Briefly, in the case of appointment of Judges in the Supreme Court, the Chief Justice

of India (CII) will initiate the proposal and forward his recommendation to the Union Minister of

Law and Justice CMU). The opinion of the CJI should be formed in consultation with the

collegium of four senior-most puisne Judges of the Supreme Court. After receipt of the

recommendation of the CJI, the MLJ will put up the recommendations to the Prime Minister

who will advise the President in the matter of appointment.

.; ._

60 ..

-(•

In the case of High Court Judges, the Chief Justice of High Court initiate

for appointment of Permanent! Additional Judges in consultation with two

colleagues, which constitutes the High Court Collegium. The proposals are sent b

Justice of the High Court to the Chief Minister of the State with a copy to Governor I

Union Minister of Law and Justice and the Chief Justice of India. The Union Mini

and Justice considers the recommendations in the light of such other reports as may

to the Government in respect of the names under consideration. After rec

views/comments of the Governor/Chief Minister of the concerned State, the propos

referred by the Union Minister of Law & Justice to the cn for advice. The cn, in

with the two senior-most Judges of the Supreme Court, forms the opinion with n

recommendations for appointment as a Judge of the High Court. The CJI takes into

views of those Judges in the Supreme Court who are conversant with the affairs (

Court. Thereafter the Union Minister of Law & Justice then puts up the recommend

Cll to the Prime Minister, who advise the President in the matter of appointment.

(b) to (d): Based on the Law Commission Report No.214 (2008) and the recon

contained in various other Reports, views of eminent jurists and other stakeholders,

system of appointment of Judges in the Supreme Court and High Courts is pro

changed. The Parliament has passed the Constitution (One Hundred and T

Amendment) Bi11,2014, and the accompanying National Judicial Appointments

Bill, 2014 for making amendments to the Constitution for establishing a Nati

Appointments Commission (NJAC) for appointment of Judges of Supreme COl

Courts. The National Judicial Appointments Commission would be chaired by the

of India. Its membership would include two senior most Judges of the Supreme COli

Minister of Law and Justice, two eminent persons to be nominated by a committee 0

61 •

Minister of India, the Chief Justice of India, and the Leader of the Opposition in the House of the

People, or if there is no Leader of the Opposition, then the Leader of the single largest

Opposition Party in the House of the People. With a view to ensuring that the composition of the

National Judicial Appointments Commission is inclusive, the Bill provides that one of the

eminent persons shall be nominated from amongst persons belonging to the Scheduled Caste, the

Scheduled Tribes, Other Backward Classes, Minorities or Women. The Bills would be sent to

the President after the Constitution (One Hundred and Twenty First Amendment) Bill, 2014 is

ratified by not less than one half of the States.

62 GO'VEtlNiVlEk\IT OF INDIA MINISTRY OP l.AW AND JUSTICE DEPARTMENTOP JUSTICE

LOK 5ADHA UN5TARRED QUESTION NO, 197::;

TO BE ANSWEREDON THUIlSDAY, THE 4th DE(~EMI)ER,2014

Speciul Courts

1973. DR. KAMBHAMPATI HARIBJUSU: SHRI NANDI YELLAIAH: SHRI DUSHYANT (~HA.Uif',ALA: .

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

(a) whether the Governmrmt proposes to set up speotal courts for disposal of criminal cases mentioned In the affidavits of candidaltes who contested General IElection-2014and if 50, the details thereof;

(b) whether the Hon'ble Supreme Court has recent·ly made an observation that despite writing of a leUer in 2007 by then Chief J..,stice of India the Govemment has not made any substantial nlrogress in setting up of special courts in the country;

(d) whether tll1eGovernment has made any provision for evening courts for disposal of pending cases and if so, the number of such courts functioning in the country; ami

(e) the number of cases di~;p05ed of by these courts during the last three years and the current year "neludingthe funds attoeated and released by the Governmenlt for these courts during the said peri

63 ANSWEil , MINISTER OF LAW s. JUSTICE (SHRI D. V. Sadananda Gowda)

(a)to(c)~ ~rhe Law Commission of Indla has submitted its 239tll Report on E)(pev.iitious 1.1Vestigatioll1 and Triial of Crimin~.l Cases Against Influential Public Pe'Ysol1alities in March 20'12. The Law Commission has expressed the view that giving any hlanke't direction to set up Special Cou.·ts for trial of ca:ses against inl1luentinl pubtlc personalities ought to be avoided in view of Aliicl(-! 14 of the C::ol1stitution. This Report has also been placed before the Sllipreme Court of'lndia hI the Writ Petition (Civil) No. 341/20114 (Virendet' Kumar Ollri Vs. Union of "Idin & Others).

(d)&(e): Govemti14l!nthas altocnted an amount of Rs. 2500 crore for

morning/evening/shiftlSpecial Judicial IVlagis;trate courts under the 13th Financ(~ COllln1iSiSiol'l Award. Out of this, Its. 762.75 crore has been released to the Stat4~Governments. As per ilnformation reeetved from the State Governments, :'!128 rnorninu/(wening/shift/Special Judicial Magistrate courts have been set-up and a totai of 31,97,696 cases have been dlsposed of by these courts so far.

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

LOK SABHA

UNSTARRED QUESTION NO. t1983

TO BE ANSWERED ON THURSDAY, THE 04TH DECEMBER, 2014

Dismissal of an Appeal t1983. SHRI RAJESH RANJAN:

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

(a) whether the Government is aware that no adequate reasons are adduced by the higher courts while dismissing an appeal against the order of lower courts; (b) if so, the reasons therefor: (c) whether the Government proposes to ensure that adequate reasons are cited by the higher courts, while dismissing an appeal, against the order of lower courts; and (d) if so, the details thereof along with the time by which it is likely to be implemented? ANSWER MINISTER OF LAW & JUSTICE (SHRI D. V. SADANANDA GOWDA)

(a) to (d): The relevant provisions for recording reasons for the decisions taken in the appellate courts both in civil and criminal matters are contained in Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973 respectively. The Government has no role to determine whether the reasons given by the appellate courts while dismissing an appeal against the order of the lower court are adequate or otherwise as the subject matter falls within the domain of judiciary. ************************

65 GOVERNMENTOF INDIA MINISTRY OF LAW AND .JUSTICE DEPARTMENTOF JUSTICE

LOKSABHA UNSTARREDQUESTIONNO. 1995

TO BE ANSWEREDON THURSDAY,THE 4thDECEMBER,2014

Crimes by the Juveniles ... +1995. SHRI RATTAN LAL KATARIA:

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

(a) the number of cases of juvenile crimes filed, disposed of and pending across the country during each of the last three years and the current year;

(b) whether the Government proposes to set up special courts for expeditious disposal of these cases and to amend the Indian Penal Code and the Juvenile Justice Act;

(d) whether some cases of engaging children in heinous criminal crimes by certain organised criminal groups have also come to the notice of the Government; and

(e) if so, the details thereof along with the steps taken/being taken by the Government in this regard?

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

(a): Data regarding Juvenile crimes registered and pending in the courts is not maintained. However, as per the reports published by National Crime Records Bureau (NCRB), the number of juveniles arrested and sent to

66 L courts and pending disposal during the last three years is given below. No data is available for the cu"ent year.

During the Year During the Year2012 During the Year 2013 2011 Arrested Pending A"ested Pending A"ested Pending & sent to disposal & sent to disposal & sent disposal Courts Courts to Courts

33387 . 11078 39822 ,. ' 10721 43506 12102

(b)to(e): There is no proposal to amend the Indian Penal Code (IPC) to expedite the disposal of the crimes committed by the juveniles, as juveniles are tried under the Juvenile Justice (Care and Protection of Children) Act, 2000 and not under the IPC. The Juvenile Justice (Care and Protection of Children) Bill, 2014, to repeal and re-enact the eXisting JJ Act, 2000 has been introduced in the Lok Sabha on 12thAugust, 2014 with special provisions to address serious and heinous criminal acts committed by children above the age of 16 years.

67 GOVERNMENT OF INOlA MINISTRY OF LA W & JUSTICE DEPAKrMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO.1999

TO BE ANSWERED ON THURSDAY THE 04.12.2014 Alleged Irregularities in Judiciary

1999. DR. VDIT RAJ: SHRI JAGDAMBIKA PAL: SHRlMATI NEELAM SONKAR:

Will the Minister of LA W AND JUSTICE be pleased to state:

(a) whether the Government is aware of an expose appeared in the print media on 21 July, 2014 by a retired Chief Justice of High Court regarding alleged irregularities and nepotism in higher judiciary involving Judges;

(b) if so, the reaction of the Government thereto along with the action taken in this regard;

(c) whether there is any mechanism to address the complaints against the Judges of Supreme Court and High Courts in the country and if so, the details thereof and if nOL the reasons therefor;

(d) whether the Government proposes to appoint an Ombudsman for the purpose and if so, the details thereof; and

(e) the number of cases/complaints received alleging irregularities in judiciary during each of the last three years and the current year along with the action taken thereon'?

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

(a) and (b) : Allegation of irregularities, nepotism and lack of transparency have been reported in the media from time to time with regard to the appointment of judges to higher judiciary. The existing procedure for appointment of Judges in higher judiciary is governed by

:vlemorandllm of Procedure for Appointment of Judges, which is based on the judgment 01' the ., Ad :l & "1' Vs Union of India. Supreme Court in the case of Supreme Court h vocatcs-OI1-recOft 'r\l i. read with advisory opinion of October 28, 1998.

68 To ensure greater transparency in appointment of Judges in higher [udiciary. 1\\0 Bilft s) titled 'The Constitution (One Hundred and Twenty-First Amendment) Bill. 2014' and 'The National Judicial Appointments Commission Bill, 2014' have been passed by both the Houses of Parliament unanimously reflecting the broad consensus across the political spectrum on the issue of reforms in the appointment of Judges of the Supreme Court and High Courts. The Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 has been sent for ratification by Legislatures and both Bills will be presented for the assent of the President of India, after the

Constitution (One Hundred and Twenty-First Amendment) Bill. 2014 is ratified by the Legislatures of not less than one-half of the States. r+: (c) to (e)L::'-s per the "in-house mechanism" for the higher judiciary, Chief Justice of India is competent to receive complaints against the conduct of the Judges of the Supreme Court and the

" Chief Justice of the High Courts. Similarly, the Chief Justices of the High Courts are competent to receive complaints against the conduct of their Courts, Administrative control over the members of the subordinate judiciary in the States vests with the concerned High Court and State Government. In view of this, the Central Government do not maintain records of such complaints an,d has no mechanism to monitor the action taken 011 the sam~

L: Bill titled "The Judicial Standards and Accountability Bill" W~lS mov~d by t~le Government in the previous Lok Sabha. The Bill provided for a comprehensive rnecnarnsrn lor handling complaints made by citizens on grounds of alleged misbehaviour and incapacity against judges of the Supreme Court and High Courts and tor taking action against those found guilty after investigation, The Bill also laid down judicial standards and made it incumbent on the

.J!u( ges to d. eoIare theiieir asse til'S l~lbilitites. However. the Bill could not be passed and lapsed due to dissolution of the 15th Lok Sabha,

***

69 GOVERMENT OF INDIA MINISTRY OF LAW AND JUSTICE (DEPARTMENT OF JUSTICE)

LOK SABHA UNSTARRED QUESTION NO. 2013 TO BE ANSWERED ON 4th DECEMBER, 2014

***** Project on Access to Justice

SHRI JYOTIRADITYA M SCINDIA

Will the Minister of LAW AND JUSTICE be pleased to state: (a) The extent to which the project on Access to Justice for marginalised people undertaken in collaboration with the United Nations Development Programme (UNDP) in the country has been successful; (b) Whether the Phase-I of the said project has completed, and if so the details thereof; (c) Whether there is any proposal under consideration to launch second phase of the said project in the country; (d) If so, the details thereof along with the steps being taken by the Government in this regard; and (e) The timeframe set for the implementation thereof?

ANSWER MINISTER OF LAW AND JUSTICE (SHRI SADANANDA GOWDA)

(a) and (b) In collaboration with the United Nations Development Programme (UNDP), the Department of Justice, Ministry of Law and Justice, is implementing a decade long programme on Access to Justice for Marginalised People (2008-2017). The project focuses on strengthening access to justice for the poor by developing strategies that address barriers to accessing justice in legal, social, economic and political domains. Phase I of the project focussed on seven States of Bihar, Chhattisgarh, Madhya Pradesh, Jharkhand, Rajasthan, Uttar Pradesh and Odisha. The objectives of the project which include strengthening of Legal Services Authorities; increasing the capacity of Law Schools to assist marginalised communities to access justice; and increasing legal awareness of marginalised communities have largely been met. Some of the significant achievements of Phase I of the project, include: raising legal awareness of marginalised people; inclusion of legal literacy into the continuing adult literacy programme under the National Literacy Mission Scheme (Sakshar Bharat); training of over 7,000 paralegals; a first-ever study of legal aid clinics run by law schools and needs assessments of several State Legal Services Authorities. Phase I of the Project was completed in 2012.

(d) and (e) The second Phase of the Project will cover the States as mentioned in (a) above as well as the State of Maharashtra. The broad objectives of this Phase of the project will include the strengthening and capacity building of judicial academies and

70 Legal Services Authorities by training of panel lawyers and paralegal volunteers; lending support to Civil Society Organisations and networks that provide access to justice services to disadvantaged groups; mass legal awareness using ICT tools; ensuring greater access to rights and entitlements of all marginalised persons with a greater focus on women; and conducting action research and studies that will contribute to informing and reforming policies and institutional structures. The timeframe set for the implementation of said Project will extend for five years between 2013 and 2017.

*****

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

LOKSABHA

UNSTARRED QUESTION NO.2059

TO BE ANSWERED ON THURSDAY, THE 4TH DECEMBER, 2014

Use of Hindi and Regional Languages

+2059. SHRIMATI NEELAM SONKAR: SHRI DEVUSINH CHAUHAN: ADV. M. UDHAYAKUMAR:

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

(a) the details of States where Hindi and regional languages are used for argument and proceedings in High Court;

(b) whether the Government proposes to allow the advocates to argue in Hindi in Supreme Court/regional languages including Hindi in the High Courts and proceedings thereof in Hindi/regional languages and if so, the details thereof;

(c) whether the Government proposes to implement the jurisdiction system in regional languages or in Hindi for those who do not know English language and i~so, the details thereof;

(d) whether certain High Courts are delivering judgements in regional languages of the respective States and if so, the details thereof; and

(e) whether the Government proposes to take steps for use of regional language/Tamil in Madras High Court and if so, the details thereof and if not, the reasons therefor?

ANSWER

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

(a) to (d) : Article 348(1) of the Constitution of India provides that all proceedings in the Supreme Court and in every High Court shall be in English language until Parliament by law otherwise provides, No law has since been made in this regard by the Parliament.

72 t

In terms of the provisions under Article 348 (2) of the Constitution and Section 7 of the Official Language Act, 1963, the use of Hindi has been authorized in the proceedings as well as in the judgments, decrees or orders in the High Courts of the States of Rajasthan, Madhya Pradesh, Uttar Pradesh and Bihar.

(e) : Government of India received... a request from the Government of Tamil Nadu regarding use of Tamil in the proceedings of the Madras High Court. Government had also received requests from Government of Gujarat and Government of Chhattisgarh regarding use of Gujarati and Hindi respectively in the proceedings of the High Courts in their States. Government had taken up these requests with the Chief Justice of India. The Full Court of

the Supreme Court considered the requests in lts meeting held on 11th October, 2012 and reiterated the earlier similar resolutions of the Full Court adopted in 1997 and 1999 to not accept the requests. The Government has

abided by this decision.

Based on another request received on 10th June, 2014 from the Government of Tamil Nadu, the Government has again written to the Chief

Justice of India on 4thJuly, 2014 in this regard.

------

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

LOK SABHA

UNSTARRED QUESTION NO. 2067

TO BE ANSWERED ON THURSDAY, THE 04TH DECEMBER, 2014

Stay Order from Higher Courts t2067. SHRI BODH SINGH BHAGAT:

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

(a) the number of petitions seeking stay order filed before the High Courts during the last three years and the current year, High Court-wise; (b) the details of petitions seeking stay order on convicts admitted, rejected and disposed of by High Courts during the aforesaid period, High Court-wise; and (c) the number of such petitions filed before the Supreme Court along with the number of cases on which stay order was granted by the Supreme Court during the said period?

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

(a) to (c): Grant of stay orders in civil and criminal cases is part of judicial proceedings and Courts have been vested with inherent powers in this regard under the relevant provisions of the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973. So also, hearing and disposal of Court cases under various laws fall within the domain of judiciary.

The details of petitions seeking stay order filed before the High Courts and Supreme Courts are not maintained by Government. ********************

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

LOKSABHA

UNSTARRED QUESTION NO.2070

TO BE ANSWERED ON THURSDAY, THE 4TH DECEMBER, 2014

Political Appointment of Retired Judges

2070. SHRI RAJAN VICHARE: SHRI MATI JYOTI DHURVE:

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

(a) whether the retired judges of Supreme Court/High Courts are appointed as Governor of States and if so, the details thereof along with the reasons for offering such political appointments to retired Judges;

(b) whether the retired Judges of Supreme Court/High Courts appointed as Chairmen/Members of various Tribunals/Commissions are allowed to provide legal advice by charging huge fees;

(d) whether the Government proposes to prohibit these Chairmen/Members from giving any legal advice by charging fees in view of getting full emoluments from the Government against their re-appointment; and

(e) if so, the details thereof and if not, the other steps taken/being taken by the Government in this regard?

ANSWER

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

(a) Under Article 155 of the Constitution of India, the Governor of a State is appointed by the President by warrant under his hand and seal. As per Article 157 of the Constitution of India a person who is a citizen of India and has completed 35

75 f f ~ i;- f l' years of age is eligible to be appointed as Governor of a State. There is no i condition laid in the Constitution barring a retired Judge of the Supreme Court or High Court from becoming a Governor of a State.

(b) to (e): A uniform policy for conditions of service of Chairpersons and Members of various tribunals has been formulated and 'The Tribunals, Appellate Tribunals and Other Authorities (Conditions of Service) Bill, 2014' has been introduced in the Rajya Sabha on 19.02.2014. Clause 10 of the Bill prohibits undertaking of arbitration work by the Chairman/Member of Tribunals/Appellate Tribunals etc. The Bill has been referred to the Department-Related Parliamentary Standing Committee for examination and report.

A Writ Petition (C) No.866/2010 (Common Cause Vs Union of India) relating to taking up of arbitration work by a retired Judge of the Supreme Court or High Court while he/she is a Chairperson/Member of any Government appointed constitutional/statutory body, commission, commission of inquiry, tribunal or appellate body is pending in the High Court of Delhi for decision.

76 ---.-----.-~- ..------

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEP ARTMENT OF JUSTICE ****** LOKSABHA

STARRED QUESTION NO. 263

TO BE ANSWERED ON THURSDAY, THE U11l DECEMBER, 2014

Legal Aid to Poor

*263. SHRIMA TI POONAM MAHAJAN; smu RABINDRA KUMAR JENA:

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

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

(b) if so, the details thereof including the types of legal services being rendered and the eligibility criteria for availing the said services;

(d) the number of persons benefited as a result thereof during the said period; and

(e) whether the Government has set up or proposes to set up any institutes for paralegal services and if so, the details thereof?

ANSWER

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

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

7 '

77 -----_._- _---.- - --~- ..--- .. -_

STATEMENT REFERRED TO IN REPLIES TO PARTS (a) TO (e) OF LOK SABRA STARRED QUESTION NO. 263 FOR ANSWER ON 11TH DECEMBER, 2014.

The Legal Services Authorities Act, 1987 has been enacted to provide free legal services to the poor and also weaker sections of the society such as, members of SC/ST, women, children.

Under Section 12 of Legal Services Authorities Act, 1987 (39 of Central Act), the following persons are entitled to free legal services irrespective of their economic or social status:

a) member of a Scheduled Caste or Scheduled Tribes; b) a victim of trafficking in human-beings or beggar as referred to in article 23 of the Constitution; c) a woman or a child; d) a person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities; Protection of Rights and Fun Participation) Act, 1995 (1 of 1996); e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or 1) an industrial workman; or g) in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a Juvenile home within the meaning of clause G) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause; h) of section 2 of the Mental Health Act, 1987 (14 of 1987); i) a person in receipt of annual income less than rupees one lakh (in some States Rs.50,000/-) if the case is before a court other than the Supreme Court, and less than Rs. 1,25,0001-,if the case is before the Supreme Court.

Free Legal Services include:

a) Services of an advocate b) All relevant charges payable or incurred in connection with any legal proceedings c) Charges for drafting, preparing filing or any legal proceedings and representation by a legal practitioner in legal proceedings d) Cost of obtaining any certified copy/copies ofjudgments, orders and other miscellaneous expenses in legal proceedings e) Cost of preparation of paper book (including paper, printing and translation of documents) in legal proceedings and expenses incidental thereto.

As regards, types of legal services, it may be stated that free legal services are being rendered for Court oriented cases and also for cases of pre-litigative stage. Legal Advice is

_~.'i-

78 • also given for taking up cases with administrative authorities. Counselling is also rendered as part of the legal aid mechanism. The poor people are given free legal services through any of the methods of Alternative Disputes Resolution (ADR) Mechanism, also such as Lok Adalat, Counselling Mediation etc. In Lok Adalat, cases are settled after obtaining consent from both the parties. A person may approach Lok Adalat for settlement of cases either at pre-litigation or pending cases. Legal Services also include spreading of legal awareness in communities and remote areas & legal literacy in school and colleges.

A statement showing the details of the funds allocated by National Legal Services Authority to various StateslUnion Territories and the amount utilised by them during the last three financial years viz. 2011-12, 2012-13, 2013-14 and 2014-15 (upto November, 2014), is at Annexure 'A'. The 13th Finance Commission grant as allocated and utilized is attached at Annexure 'B'.

A statement showing number of persons benefitted during the year 2011-12, 2012-13, 2013~14and 2014-15 (September, 2014), is at Annexure 'C .'

The Government has neither set up nor proposes to set up any institute for paralegal services.

******

79 ...... [/)

,",

l() ,.....,N ,.....,M ,....., ,....., I I """I I ...... N M ...... ,....., ,..... ,....., o o o o""" N (".I N N

80 Annexure-B State wiset activity..J}'iseRelease and utilization under 13th Finance Commission Grants tm 31"(October, 2014 - Lok Adalat & Legal Aid.

In Rs.Crore 81. No STATE Lok Adalat and Le2alAid Allocation Total Released Total Utilised 1 1 Andhra Pradesh 17.42 6.97 5.11 2 Arunachal Pradesh 6.38 1.28 0.00 3 Assam 5.44 1.09 0.00 4 Bihar 25.72 7.72 0.00 5 Chhattisgarh •.. 6.55 1.31 0.07 6 Goa 0.92 0.18 0.18 7 Gujarat 19.34 5.80 3.08 8 Haryana 7.39 4.44 2.87 9 Himachal 2.37 2.36 1.92 10 Jammu & Kashmir 3.91 1.56 1.56 11 Jharkhand 9.91 1.98 0.91 12 Karnataka 16.41 6.56 14.55 13 Kerala 8.09 2.43 0.78 14 Madhya Pradesh 24.59 7.38 0.96 15 Maharashtra 35.71 10.71 5.87 16 Manipur 0.64 0.64 0.60 17 Meghalaya 0.19 0.04 0.11 18 Mizoram 0.75 0.23 0.22 19 Nagaland 0.51 0.15 0.09 20 Orissa 9.99 3.00 1.63 21' Punjab 6.51 2.60 2.49 22 Rajasthan 15.52 6.20 3.86 23 Sikkim 0.24 0.10 0.06 24 Tamil Nadu 14.83 8.90 6.05 25 Tripura 1.51 0.60 0.45 26 Uttar Pradesh 40.90 12.27 2.41 27 Uttarakhand . 5.14 1.54 1.05 28 West Bengal 13.13 3.94 1.64 Total 300.00 101.97 58.53

81 Annexure- C

(Statement showing the details of number of persons benefitted out of free legal services through Legal Aid And Advice during the last 03 fmancial years, viz. 2011-12, 2012-13 and 2013-14 and the current fmancial year 2014-15 (Upto September, 2014).

S.No Year Total 1 2011-12 1,359,502 2 2012-13 '0' 1,270,283 3 2013-14 2,224,492 4 2014-15 (Upto September, 2014) 1,925,103

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

LOK SABHA

STARRED QUESTION NO.*267

TO BE ANSWERED ON THURSDAY 11THDECEMBER, 2014

Accident Related Cases

*267. SHRI P. R. MARUTHA RAJAA:

Will the Minister of LAW AND JUSTICE be pleased to state: (a) the total number of accident related cases pending in various High Courts and disposed of during each of the last three years and the current year, High Court wise; (b) whether the Government proposes to set up designated courts across the country for expeditious disposal of such cases and if so, the details thereof; and (c) the other steps taken I proposed to be taken for expeditious disposal of such cases?

ANSWER

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

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

83 STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (c) of LOK SABHA STARRED QUESTION NO. *267 FOR ANSWER ON 11THDECEMBER, 2014.

As per information received from High Courts, the details of pendency and disposal of motor accident claims related cases are given in Statement annexed.

In terms of Section 165 of the Motor Vehicles Act, 1988, State Governments may constitute one or more Motor Accident Claims Tribunals for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. Accordingly, the State Governments have either constituted exclusive Motor Accident Claims Tribunals or have empowered other regular courts to deal with the cases of Motor Accident Claims.

The High Courts are expediting the disposal of Motor Accident Claims related cases through holding Lok Adalats / Mega Lok Adalats

***********

84 J Annexure Statement referred to in Lok Sabha Starred Question No. *267 dated 11thDecember, 2014 regarding Motor Accident Related Cases. Number 0f cases relatire atinq to Motor Accident Claim pending in High Courts as on 30.06.2014. Sr. Name of High Number of Motor Number Motor Accident Claims related No Court ~ccident Claims cases settled I disposed of by during last related cases hree years. pending I remaining 01.01.2011 to 01.01.2012 to ~1.01.2013 to unsettled in High 31.12.2011 31.12.2012 ~1.12.2013 Courts as on 30.06.2014. 1. Allahabad 55248 478 1719 2620 2. Andhra Pradesh 27342 1583 988 831 3. Bombay 10842 224 417 1155 4. Calcutta 6738 217 478 587 5. Chhattisgarh 2991 1833 1876 2569 6. Delhi 3468 845 1620 571 7. Gauhati 952 157 456 197 8. Gujarat 8881 522 3473 1162 9. Himachal Pradesh 2427 275 260 332 658 10. Jammu & Kashmir 663 555 687 87 11. Jharkhand 1053 0 61 10700 12. Karnataka 46254 16940 11845 2059 13. Kerala 11855 1473 1940 6426 14. Madhya Pradesh 26604 7839 6760 3715 15. Madras 17083 3821 5066 4 16. Manipur 6 1 3 0 0 17. Meghalaya 0 0 386 50 18. Orissa 6027 859 86 197 19. Patna 871 60 2927 4944 20. Punjab& Haryana 35902 2999 7311 6461 21. Rajasthan 35417 9219 6 9 22. Sikkim 4 10 94 137 306 23. Tripura 662 147 275 24. Uttarakhand 2083 263 - 48,649 45,915 Total 3,03,373 50,267 *************

85 GOVER.1'{MENT OF Il'oI'DIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA STARRED QUESTION NO.268

TO B.E A.~SW"ERED ON THURSDAY THE 11.12.2014

,;' Judicial Standards and Accountability BiJ1

+268. SHRI VIlA Y KUMAR H:A.NSD.AJ<:

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

(a) whether the Government proposes to re-introduce the Judicial Standards and Accountability Bill;

(b) ifso, the details thereof along with the time by which it is likely to be passed;

(c) whether the Government is aware that certain observations of higher courts with regard to constitutional bodies/other authorities are not being reflected in the written judicial orders; (d) if so, the details thereof and the reaction of the Government thereto along with the remedial measures taken by the Government to address the issue; and

(0) the initiatives taken by the Government to streamline the judicial system?

ANSW"ER MINISTER OF LAW AND JUSTICE (SmU D.V. SADANANDA GOWDA)

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

86 Statement referred in reply to Lok Sabha Starred Question No.268 for answer on 11.12.2014

(a) and (b); The Judicial Standards and Accountability Bill which was passed by the Lok Sabha on 29.3.2012 could not be taken up for consideration in Rajya Sabha in the last Session of the Parliament 'The Bill lapsed due to dissolution of the lS!h Lok Sabha. The matter requires further consultation with various stake holders before it is brought before the Parliament again.

(0) and (d) : Various views and observations are made by the higher judiciary during the course of judicial proceedings. Whether such observations made by the judiciary get reflected in the written judicial order or not, is purely a matter within the domain of the judiciary. The Government does not interfere with the independence of judiciary.

(e) : To streamline the judicial system in the country, the Government has set up a National Mission for Justice Delivery and Legal Reforms in August, 2011 with the twin objectives of increasing access to justice by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. The Mission has been pursuing a co-ordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-alia, involves better infrastructure for courts including computerisation, increase' in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re• engineering of court procedure for quick disposal of cases and emphasis on human resource development. The National Mission has a time frame of five years.

***

87 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE

.(DEPARTMENT OF JUSTICE)

LOK SABHA

UNSTARRED QUESTION NO.3024

TO BE ANSWERED ON THURSDAY, THE 11TH DECEMBER, 2014

Cases of Irregularities against Meat Exporter

J.• 3024. SHRI PONGULETI SRINIVASA Ra;:DDY:

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

(a) whether certa.in cases of-alleged irregularities committed by certain meat exporters in the country have been filed by any Non-Governmental Organisation(NGO);

(b) if so, the details thereof along with -the present status of . the case; and

ANSWER MINISTER OF LAW AND JU~TICE ! (SHRI D.V.SADANANDA GOWDA)

(a) to (c): The information is being c~lIected and will be laid on the Table of 'the House.

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

LOKSABHA

UNSTARRED QUESTION NO.3035

TO BE ANSWERED ON THURSDAY, THE 11TH DECEMBER, 2014

Court Timings in Subordinate Courts

+3035. SHRI BHAIRON PRASAD MISHRA :

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

(a) whether the Government is aware that the timings of subordinate courts under Bundelkhand region of Uttar Pradesh has been changed during the summer season;

(b) if so, the details thereof along with the reasons therefor;

(d) if so, the action taken thereon by the Government; and

(e) if not, whether the Government proposes to restore the timings of these courts to the original timings and if so, the details thereof?

ANSWER

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

(a) to (e): Under Article 235 of the Constitution of India, the administrative control over district courts and courts subordinate thereto is vested in the High Court. Accordingly, the working days as well as working hours of the District/Subordinate Courts are regulated by the respective High Court.

Communications/representations received in this regard are, therefore, forwarded to the concerned High Court.

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

LOK SABHA

UNSTARRED QUESTION NO. t3109

TO BE ANSWERED ON THURSDAY, THE 11THDECEMBER, 2014

Pending Court Cases t3109. SHRI RATTAN LAL KATARIA: SHRIMATI MEENAKSHI LEKHI:

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

(a) the total number of pending criminal and civil cases in Supreme Court, High Courts and Subordinate Courts in the country as on date; (b) the percentage of pending execution orders out of these; (c) whether the Government proposes to reform / amend the Civil Procedure Code for efficient disposal of execution orders and if so, the details thereof; and (d) the other steps taken/being taken in this regard?

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

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

As per the information available In Court News (Vol. IX, Issue No.1), a quarterly newsletter of Supreme Court, 52,119 civil cases and 12.211 criminal cases were pending as on 31.03.2014 in Supreme Court. 34.32 lakh civil cases and 10.23 lakh criminal cases were pending as on 31.12.2013 in various High Courts. In District and Subordinate Courts, 82.78 lakh civil cases and 185.60 lakh criminal cases were pending as on 31.12.2013. Information of pending execution orders is not separately available in the above publication.

At present, there is no proposal to amend the provisions of the Code of Civil Procedure, 1908 relating to execution of decrees and orders. The major initiatives taken by the Government for pendency reduction relate to Infrastructure Development for Subordinate Judiciary and Computerization of Courts. The Central Government has provided financial assistance to the tune of Rs. 2,198 crores to State Governments and Union Territories for upgradation / construction of court complexes and residential units for judicial officers in the last three years.

Under the eCourts Project 13,323 courts h-ive been computerized by 31sl October, 2014. Computerization of courts would enable the courts to exercise greater control over management of cases in the docket. It will also provide designated services to the litigants and the lawyers.

90 In order to reduce government litigation in courts the Central Government has encouraged the States to notify their litigation policies which contain provisions for weeding out infructuous cases and promote dispute resolution through alternative mechanisms. The Government has also identified the areas prone to excessive litigation for adopting suitable policy and legislative measures to curb such litigation. As a result of the concerted efforts made by all stake-holders the increasing trend of pendency of cases in subordinate courts has been checked.

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

91 (~ GOVERNMENT OF INDIA • MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO.3139

TO BE ANSWERED ON THURSDAY THE 11.12.2014

Setting up of High Courts

3139. SHRI ARJUN CHARAN SETHI: SHRI GUTHA SUKHENDER REDDY: SHRIMATI KOTHAPALLI GEETHA: SHRI P.K. BIJU: SHRI RAHUL KASW AN:

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

(a) th~ name of StateslUTs in the country which do not have High Court or benches of HIgh Court;

(b) whether the Government has received any request to set LIpHigh Court or benches of High Court in the aforesaid States including Andhra Pradesh. Rajasthan and Thiruvananthapuram; and

(c) if so, the details thereof along with the action taken thereon and the criteria laid down therefor? ! I ANSWER I I MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA) I

(a) All the State slUTs in the country are covered by one High Court or the other. A I Statement showing the details of High Courts, its jurisdiction and their Benches in the States is at Annexure.

(b) and( c) : Requests for establishment of High C01ll1 Benches in differen t parts of the country have been received from various sources. However, 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, Bench(es) of the High Court are established after due • 92 •

consideration of a complete proposal from the State Government which is to provide infrastructure and meet the expenditure, along with the consent of the Chief Justice of the concerned High Court, which is required to look after the day to day administration of the High Court and its Bench.

The Government of West Bengal had sent a proposal for establishment of a Circuit Bench of the Calcutta High Court at Jalpaiguri. The Calcutta High Court has intimated that the infrastructure facilities for establishment of Circuit Bench at Jalpaiguri are not adequate at present, and it wiII take some more time to establish a Circuit Bench. Accordingly. necessary notification/order in this regard will be issued after the Calcutta High Court intimates the readiness of all infrastructures.

The Government of Odisha had sent a proposal for establishment of two Benches of the Orissa High Court in the Western and Southern regions of Odisha. The matter was referred to the Chief Justice, Orissa High Court. The Chief Justice, Orissa High Court has intimated that the matter will be examined by the High Court in due course in the light of all facts and circumstances.

The Government of Himachal Pradesh submitted a proposal for establishment of a Bench of Himachal Pradesh High COUl1at Dharmsala. However, the Chief Justice of the 1-1igh Court has not agreed to the proposal. Similarly, the State Government of Kerala had sent a request in the year 2005 for setting up a bench of Kerala High Court at Thiruvananthapuram. But this was not agreed to by the Chief Justice of Kerala High Court.

There is no proposal from the Government of Andhra Pradesh or Rajasthan for establishment of Bench(es) of the High Courts in the States.

• 93 .. • The Central Government, on 09.02.1987, had approved establishment of separate High Courts in all the States in the North-Eastern region. Accordingly, separate High Courts have been established w.e.f. 23.03.2013 in the States of Manipur, Meghalaya and Tripura. The process for providing necessary infrastructure facilities in the remaining States of Arunachal Pradesh, Nagaland and Mizoram is in progress. After completion of all infrastructure facilities, separate High Courts would be set up for these States.

There is a common High Court for the States of Punjab and Haryana and the Union Territory of Chandigarh. The Government of Haryana has been requesting for establishment of a separate High Court for the State in Chandigarh, which is being resisted by the Government of

Punjab ..

The Andhra Pradesh Reorganisation Act, 2014 which came into force wi th effect from 02.06.2014, provides for setting up of separate High Court for the State of Andhra Pradesh while the existing High Court will go to Telangana State. Once a new High Court is established for Andhra Pradesh, both Telangana and Andhra Pradesh States will have separate High Courts. Till such time, the existing High Court would serve as the common High Court for both the Stales of Andhra Pradesh and Telangana. The process for establishment of new High Court for Andhra Pradesh has been initiated in consultation with the Supreme Court of India, State Government of

Andhra Pradesh and the High COUliof Telangana and Andhra Pradesh.

***

• 94 Annexure

Annexure referred to in reply to Lok Sabha UnstalTed Question No.3139 to be answered • on 11.12.2014

SI. Principal Jurisdiction Permanent Bench and No. High Court Seat Date 1'1'0111 which the Bench began functioning

1 Allahabad Allahabad Uttar Pradesh Lucknow (01 .07. 1948) 2 Telangana and Hyderabad Telangana and Andhra - Andhra Pradesh Pradesh 3 Bombay Mumbai Maharashtra; Goa; Daman Nagpur (01.05.1960) & Diu; Dadra & Nagar Panaji (01.07.1948) Haveli; Aurangabad (27.08.1984)

4 Calcutta Kolkata West Bengal & Andaman Circuit Bench at & Nicobar Islands Jalpaiguri (yet to begin functioning) 5 Chattisgarh Bilasour Chattiszarh - 6 Delhi New Delhi NCT of Delhi - 7 Gauhati Guwahati Assam, Nagaland, Kohima. (10.02.1990) Mizorarn, & Arunachal Aizawl, (05.07.1990) Pradesh. ltanauar (12.08.2000) 8 Gujarat Sola (Ahmedabad) Guiarat - 9 Himachal Pradesh Shimla Himachal Pradesh - 10 Jammu & Kashmir Jammu & Sri nagar Jammu & Kashmir - II Jharkhand Ranchi Jharkhand - Dharwad (24.08.2013) 12 Karnataka Bangalore Karnataka Gulbarua (3I.U8.2013) - 13 Kerala Ernakulam, ( Kochi) Kerala & Lakshadweep Islands Gwalior (01.11.1956) 14 Madhya Pradesh Jabalpur Madhya Pradesh Indore (01.11.1956) Madurai (24.07.2004) 15 Madras Chennai Tamil Nadu & Pondicherry - 16 Orissa Cuttack Orissa Patna Patna Bihar - 17 - 18 Punjab & Haryana Chandigarh Punjab. Haryana 8:. Chandigarh Rajasthan Jaipur (31.01.1977) 19 Rajasthan Jodhpur Sikkim - 20 Sikkim Gangtok Uttarakhand - 21 Uttarakhand Nainital Manipur 22 Manipur Imphal Meghalaya 23 Meghalaya Shillong Tripura 24 Tripura Agartala

• 95 GOVERNMENTOF INDIA MINISTRY OF LAW & JUSTICE (DEPAR.TMENTOFJUSTICE)

LOM SABHA UNSTARREDIQUEST~ONNO.3161

TO BEANSWEREDONTHURSDAY,THE11th DECEMBER,2014

Casesagainst Elderly Personsand Children

3161. DR.RATNADE(NAG): SHRIRAVNEETSINGH~·

Will the Minister of LAWANDJUSTICEbe pleasedto state:

(a) whether Government proposes to set up special fast track courts in the country for expeditious disposal of cases relating to crime against elderly personsand children/Juveniles;

(b) if so, the details thereof;

(c) the total number of cases filed relating to crime against elderly persons and children/Juveniles along with the number of cases disposed of by the SupremeCourt and High Courts during each of the last three years and the current year; and

(d) the other steps taken/being taken by the Governmentin this regard?

ANSWER MINISTEROFLAW& JUSTICE (SHRID. V. SadanandaGowda)

(a)&(b): Setting up of subordinate courts including Fast Track Courts (FTCs)for speedy trial of cases including those relating to crime against elderly persons and children in the country, is the responsibility of the . respective State Governments. However, Government has requested the State Governmentsand High Courts to consider setting-up FTCsfor disposal of cases relating to offences against women, children, differently abled persons, senior citizens and marginalizedsections of society as resolved in the Conferenceof Chief Ministers and Chief Justices held on 7thApril, 2013.

96 ______~T---- (c): While conviction orders in cases related to crime including crime against elderly persons and children are passed by trial courts in subordinate judiciary, such cases come to High Courts & the Suprem.eCourt by way of appeal only. As per the reports published by National Crime RecQ,rdsBureau, the victims of murder, culpable homicide not amount to murder,kidnapping& abduction aged above50 years during the year 2010, 2011and 2012is indicated below:

Year Victims of murder,culpable homicidenot amount to murder, kidnapping& abductionagedabove50 years 1 2

2012 ..' 4508 2011 4766 2010 4067 The cases reported and conviction rate in respect of crimes against children during the last three years are as under:

Year Numberof cases reported Convictionrate 1 2 3 2013 58224 30.9 2012 38172 29.0 2011 33098 34.6

(d): Legislative provisions have been made by the Governmentfor setting up of special courts for speedy trial of offences against children. Section 25 of the Commissionsfor Protection of Child Rights Act, 2005 provides that for the purpose of providing speedy trial of offences against children or of violation of child rights, the State Governmentmay, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try the said offence. Section 28(1) of the Protection of Childrenfrom Sexual OffencesAct, 2012 providesthat for the purposes of providing a speedy trial, the State Government shall in eensultatten with the Chief .Justiceof the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act provided that if a Court of Session is notified as a Children's Court under the Commissions for Protection of Child Rights Act, 2005 or a Special Court designated for similar purposesunder any other law for the time being in force, then, such court shall be deemedto be a SpeCialCourt underthis section.

97 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE • DEPARTMENT OF JUSTICE LOKSABHA

UNSTARRED QUESTION NO.3162

TO BE ANSWERED ON THURSDAY, THE 11.12.2014 Appointment of Judges

3162. SHRI MUTHAMSETTI SRINIVASA RAO (AVANTHI): SHRIMATIRANJEETRANJAN: . . SHRI KALYAN BANERJEE: SHRI B. VINOD KUMAR: SHRI B.V. NAIK: ...

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

(a) the criteria and qualifications laid down for appointment of Judges in Supreme Court from various High Courts; .

(b) whether any quota is prescribed for the appointment of Judges in Supreme Court from various High Courts and if so, the details thereof along with the reasons therefor;

(c).whether any transfer policy is followed in transfer of Judges and if so, the salient features thereof;

(d) whether cenam.cases.of vicladoa.crthis.policy including the instances of relatives of Judges practicing in the same court have been noticed and if so, the reaction of the Government thereto; and

(e) whether any proposal to raise the retirement age and emoluments of the Judges is under consideration of the Government and if so, the details thereof?

ANSWER MINISTER O~ LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

(a) & (b): Under Article 124 of the C.Qlistitutionof India, every Judge of the Supreme Court

shall be appointed by the .President by wirant under his hand-and seal. The High Court Judge,

. wh~ has'been for at least five years as a'Ju!ge of a High Court or of two or more such Courts in

succession may be appointed as 'a Supreme Court. Pursuant to the Supreme Court

rt""'~_, Opinion of October 28, 1998, the process

in the Supreme Court rests with the Chief

Justice of India. This Article does any quota for the appointment of Judges in

Supreme Court from various High

98 •. f !

( (c) : Article 222 of the Constitution makes provision for the transfer of a Judge (including ~ Chief Justice) from one High Court to any other High Court. All transfers are to be made in

public interest i.e. for promoting better administration of justice throughout the country.

The initiation of the proposal for the transfer of a Judge or a Chief Justice of a High Court should

be made by the Chief Justice of India (CJI) whose opinion in this regard is determinative.

The opinion of the CJI should be formed in consultation with the collegium of four senior-most

puisne Judges of the Supreme Court. In ~e formation of his opinion for the transfer of a Judge,

oth~rthan-the Chief Justice, the Chief Justice of India is expected to take into account the views

---.-4tht-Chief Justice of the 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. The Chief Justice of India should

also ia.ke:~to account the views of one or more Supreme Court Judges who are in a position to

.. _!=I_ffCI 1iisttheii"::Yiewswhich wouldassist in the process of deciding whether or not a proposed

traipSE!shj:1l11d take place. In the. case of transfer of a Chief Justice, only the views of one or

~ ... , --...... '" ., .~.::_.::.more:kiiO-wle4geableSupreme Court Judges need to be taken into account. The proposals are to

by the cn with his recommendation to the Union Minister of Law and Justice

receipt of the recommendation of the cn, the MLJ will put up the

to the Prime Minister who will advise the President in the matter of transfer.

~~"'~,,,u .....Court of India in its full court meeting held on 07.05.1997 adopted the

Values of Judicial Life" to serve as a guide to b~ observed by Judges, essential

;,.

_ ...,...u. strong and respected judiciary, indispensable in the impartial administration

.said charter of values inter alia mentioned that a Judge should not permit any

relative, if a member of the Bar, to appear before him or even be associated in

, a cause to be dealt with by him.

...3/-

99 I • As per the Memorandum of Procedure for appointment of a Judge in the High Court, in case the spouse or any other blood relation of the candidate is an Advocate in a

particular High Court, an Undertaking from the spouse/blood relation to the effect that he/she

will not practice in the concerned High Court or in a court subordinate to it for at least two years

from the date of appointment of Judge is invariably obtained before the proposals for

appointment is processed further.

P.•

(e): A Bill titled "The Constitution (One Hundred and Fourteenth Amendment) Bill" was

moved by the Government in the previous Lok Sabha. The Bill provided for increasing the

retirement age of High Courts from 62 to 65 years. However, the Bill could not be passed and

lapsed due to dissolution of the is" Lok Sabha. There is no proposal under consideration at

present for raising the emoluments of the Judges of the Supreme Court and the High Courts.

100 GOVERNMENTOF INDIA MINISTRY OF LAW AND -JUSTICE DEPARTMENTOF -JUSTICE LOKSABHA UNSTARREDQUESTION NO. 3170 TO BE ANSWEREDON THURSDAY, THE 11THDECEMBER,2014

Use of Technology in -Judiciary

3170 SHRI SATAV RA-JEEV: SHRIMATI SUPRIYA SULE: DR. HEENA VI-JAYKUMAR GAVIT: SHRI MOHEISH GIRRI: SHRI MOHITE PATIL VI-JAYSINH SHANKARRAO: SHRI DHANAN-JAYMAHADIK: DR. KIRIT P. SOLANKI: SHRI S.P. MUDDAHANUME GOWDA:

Will the Minister of LAW AND -JUSTICEbe pleased to state: a) the present status of ongoing pilot project on Video Conferencing (VC) facility between Courts and prisons to facilitate hearing of the undertrial prisoners In the country, b) the time by which VC facility is likely to be rolled out in other locations in the country; c) whether the Government proposes to install touch screen kiosks in court complex for accessing case status and court orders etc. and if so, the details thereof; d) whether the Government also proposes to telecast the proceedings of Supreme Court and High Courts; and e) if so, the details thereof and if not, the other steps taken/being taken by the Government to bring more transparency in the judiciary?

r " ANSWER MINISTEROFLAWAND-JUSTICE (SHRID. V. SADANANDAGOWDA)

a) to b) The pilot project on Video Conferenclng (VC) facility to facilitate hearing of the under trial prisoners in the country has been successfully implemented at 5 locations (5 court

101 complexes and corresponding 5 prisons). National Informatics Centre (NIC), the implementing agency of the project, is in the " process of rolling-out VC facility in the remaining 495 locations

by 31st March, 2015. c) The provisioning of touch-screen Information Kiosks in court complexes is not covered in the ongoing eCourts project. However, it has been included in the Phase II of eCourts project. d) No, Madam. e) Under the eCourts project, data relating to court cases and judgements and orders is being uploaded on the district court websites. Thus, litigants and lawyers are now able to access information relating to case registration, case status, cause list, daily orders and final orders and judgements.

102 ."

GOVERNMENT OF INDIA M~N!STRY OF ll...,;aW8, "JUST3C:;'::: (DEFARTMEN"f Of ••HJS7~CEj

LOK S_ABH,A UNSTARREDQUESTION NO. 3178

TO BE ANSWEREDON THURSDAY, THE 11th DECEMBER, 2014

Family Courts

3178. SHRI RABINDRA KUMAR ..lENA:' ',' Will the Minister of LAW AND ,JUSTICEbe pleased to state:

{a} the number of famHy courts !tmcl!oning !fl the country, State/tn'~w;s-e;

(b) whether the Union Government has received applications from various State Governments for setting up of such courts;

(c) if so, the details thereof along with the action taken thereon by the Union Government, State/UT-wise including Odisha; and

(d) the details of funds allocated arid released by the Union Government for the purpose during each of the last three years and the current year, State/UT-wise including Odisha?

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

(a): A statement indicating the number of family courts functioning in the country, State/UT-wise, as per information available is enclosed as Annexure.

(b)&(c): As per the Family Courts Act, 1984, Family Courts are established by the State Governments in consultation with the respective High Court, Centra! Government provides financ.iat assistance to State GQv'ernments for family Courts on receipt of the~( proposals. Recently, on. receipt of proposals froin State Governments of Uttar Pradesh and Chhattisgarh, grants of Rs. 3.75 crore and Rs. 1.00 crore respectively have been rele.~sed to these States. A proposal has been received f..om ·Andaman & Nicobar Adm·· ion_ for cr~ation of posts for setti~g up of Famil~

103 ------,

; ," in Portblair and the same is under process. No proposal has been receiv,

(Rs. in lakh)

Under Plan

Grant released during the year SI. Name of 2011-12 2012-13... 2013-14 2014-15 No. State 1 Odisha 20.00 0 iO - 0 --

Under Non-Plan

Grant released during the year SI. No. Name of 2011-12 2012-13 2013-14 2014-15 State 1 Nagaland 40.00 - - - 2 Maharashtra 100.00 - - - 3 Tripura - 75.00 - - 4 Bihar - . 500.00 - 5 Uttar - ~ ~ 375.00 Pradesh 6 Chhattisgarh - - - 100.00

104 .....

< f ,'f':'>! I i Anl1exun:: i , "'".;;

11112/2014 regarding Family Courts

As on 30/11/2014 NUMBER OF FAMILY COURTS FUNCTIONAL Number of Family Courts functional in S.No. Name of the State the State 1 Andhra Pradesh + Telangana .- ' 27 2 Arunachal Pradesh - 03 3 Assam ------l~~------Bihar i 33 14 I 5 Chhattisgarh ~ .---_.- _._._---_._--- 6 Delhi 15 7 Goa - 8 Gujarat 17 9 Haryana 06 10 Himachal Pradesh - 11 Jammu & Kashmir - 12 Jharkhand 21 13 Karnataka 24 14 Kerala 28 15 Madhya Pradesh 31 16 Maharashtra 25 17 Manipur 04 18 Meghalaya - 19 Mizoram 04 20 Nagaland 02 21 Odisha 17 22 Punjab - 23 Puducherry 01 24 Rajasthan 28 25 Sikkim 02 26 Tamil Nadu 14 27 Tripura 03 28 Uttar Pradesh 75 29 Uttarakhand 08 30 West Bengal 02 Total 410

105 GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE

DEPARTMENT OF JUSTICE

LOKSABHA

STARRED QUESTION NO.366

TO BE ANSWERED ON THURSDAY, THE 18th DECEMBER, 2014

DelhL.High Court Amendment Bill

*366. SHRI KIRTI AZAD:

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

(a) whether the Delhi High Court (Amendment) Bill, 2014 envisages rise in pecuniary limit of Delhi High Court and if so, the details and the present status thereof;

(b) whether suggestions have been received from various quarters to increase the pecuniary limits in other High Courts/District Courts on the lines of Delhi High Court;

(d) the other steps being contemplated to reform justice delivery system in the country? .

ANSWER

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

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

106 Statement referred in reply to Lok Sabha Starred Question No.366 due for answer on 18.12.2014 regarding Delhi High Court Amendment Bill.

(a) : The Delhi High Court (Amendment) Bill, 2014 seeks amendment in the Delhi High Court Act, 1966 and the Punjab Courts Act, 1918 to enhance the pecuniary jurisdiction of Delhi District Courts from existing rupees twenty lakhs to rupees two

crore. The Bill was introduced in the Rajya Sabha on 17th February, 2014 and referred to the Department-Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice for examination and report. The Department related Parliamentary Standing Committee has submitted its report on 28.11.2014 endorsing the Bill. The Bill will now be considered by the Rajya Sabha once a motion to do so is notified.

(b) & (c): The control over District and Subordinate Courts is vested in the High Court in accordance with Articles 227 and 235 of the Constitution of India. District Courts in the country have unlimited pecuniary jurisdiction except in the Districts under the jurisdiction of Bombay, Calcutta, Delhi and Madras High Courts because these four High Courts have original civil pecuniary jurisdiction. While endorsing the enhancement of pecuniary jurisdiction of Delhi District Courts, the Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has expressed the view that there is also a need to bring in uniformity in the pecuniary jurisdiction of all High Courts in the country.

(d) : The major initiatives taken by the Government for pendency reduction relate to Infrastructure Development for Subordinate judiciary and Computerization of Courts. The Central Government has provided financial assistance to the tune of RS.2,198 crores to State Governments and Union Territories for upgradation/construction of court complexes and residential units for judicial officers in the last three years. Under the eCourts Project 13,323 courts have been computerized by 30th November, 2014. Computerization of courts would enable the courts to exercise greater control over management of cases in the docket. It will also provide desicnated services to the litigants and the lawyers. In order to reduce government litigation in courts the Central Government has encouraged the States to notify their litigation policies which contain provisions for weeding out infructuous cases and promote dispute resolution through alternative mechanisms. The Government has also identified the areas prone to excessive litigation for adopting suitable policy and legislative measures to curb such litigation. As a result of the concerted efforts made by all stake-holders the increasing trend of pendency of cases in subordinate courts has been checked.

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

LOK SABHA

UNSTARRED QUESTION NO. 4148

TO BE ANSWERED ON THURSDAY 18TH DECEMBER, 2014

Pending Cases against NRls

4148. SHRI S. R. VIJAYKUMAR:

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

(a) the total number of cases pending against Non-Resident Indians (NRls) as on date in Indian Courts; (b) whether certain instances of non-compliance of orders and summons issued by Indian Courts against the NRls have been noticed by the Government; (c) if so, the total number of such instances noticed during each of the last three years and the current year; (d) the steps taken/being taken by the Government to ensure strict compliance of such orders by the NRls; and (e) the other steps taken by the Government for expeditious disposal of these pending cases?

ANSWER

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

(a): Data on pendency of cases is compiled by the High Courts. Information about pendency of cases in Civil and Criminal matters in High Courts and District and Subordinate Courts under their jurisdiction is periodically obtained by the Government. However, information on cases pending against Non-Resident Indians in Indian Courts is not being

obtained separately.

(b) to (e): Information is being collected and wi!1be laid on the table of the House.

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108 GOVERNMENTOF INDIA MINISTRYOF LAW AND JUSTICE DEPARTMENTOf JUSTICE

LOM SABHA Unstarred Question, No. 4200

To be answered on Thursday, 'tflle 18th December, 2014

Video Recording of Court Proceedings

4200. SHRI ASADUDDINOWAISI:

Will the Minister of LAWANQ.JUSTICEbe pleased to state: (a) whether the Government had initiated steps for video recording of court proceedings in certain subordinate courts across the country; (b) if so, the details and the outcome thereof; (c) the details and the present status of the initiatives of the Government in this regard; and (d) the steps taken/proposed to be taken by the Government to make this facility available in all the remaining courts across the country?

ANSWER MINISTEROF LAWAND JUSTICE (Shri D. V. Sadananda Gowda)

(a) to (d) : The issue of Audio-video recording of Court proceedings was discussed in the fifth and sixth meetings of Advisory Council of National Mission for Justice Delivery and Legal Reforms. In the

meeting of eCommittee of the Supreme Court of India held on 8th January, 2014, Hon'ble the Chief Justice of India advised deferment of audio-video recording of court proceedings as this would require consultations with Hon'ble Judges of Supreme Court and High Courts.

109 GOVERNMENT OF INDIA MINISTRY OF LAW s JUSTICE (DEPARTMENT OF JUSTICE)

LOK SABHA UNSTARRED QUESTION NO. 4238

TO BE ANSWERED ON THURSDAY, THE 18th DECEMBER, 2014

Pending Rape Cases

+4238. SHRI NISHI KANT DUBEY:

Will the Minister of LAWAND JUSTICE be pleased to state:

(a) the number of rape cases pending in Supreme Court, High Court and Subordinate Courts including the number of cases disposed of during each of the last three years and the current year, State/UT-wisej

(b) the number of courts functioning/set-up for offences against women, State/UT-wise;

(d) if so, the details thereof along with the steps taken/being taken by the Government for ensuring expeditious disposal of rape'cases?

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

(a): Information on pending rape cases and the cases disposed in the Supreme Court and the High Courts is given below:

Supreme Court

Number of cases relating to sexual Number of cases relating to sexual harassment, kidnapping & harassment, kidnapping & abduction including rape pending abduction including rape disposed in the Supreme Court as of during 01.01.2009 to 17.07.2014 informed on 3/12/2014 ---~~------_._.- 332 . _L------_:_:..-=-=------__.l1455

---~------.~------110 High Courts

mber of pending rape cases as Number of rape cases dispose~ I

3~.~_01_.2_0_1_4-=-_-::-:- --:-_+d.::...:u.::...:r..:.:in~g~la:.:.:s=-:t:_t:::.h.:.:.r.:::.e-=e~y~e:.:a:.:r-=s~__j 31,386 15,453

As per the reports published by National Crime Records Bureau, disposal of rape cases by courts during 2011, 2012 and 2013 is indicated below: .- During Total number of cases for Nu~_b~!.qf cas.es.__~ending .trial at the trial including pending in which trials the end of the

Years cases from previous year-. were completed year - 2013 114785 18833 95731 2012 101041 14717 86032 2011 95065 15423 79476

(b): A statement in respect of State-wise details of courts set up/designated for cases of crime agaia1stwomen is enclosed at Annexure.

(c)&(d): Government has written to the Chief Justices of the High Courts to constitute Fast Track Courts (FTCs) for speedy trial of the pending rape c.ases in district/subordinate courts having a high pendency of such cases and to monitor the progress of these cases. The Chief Ministers of States have been requested to provide financial support to

the High Courts for setting up FTCs.Chief Justices of all High Courts have i been requested to invite the attention of the District Judges to the use of I provisions under Sections 157, 309 and 327 of the Code of Criminal I Procedure with a view to examination of witnesses on a day to day basis, keeping adjournments at a bare minimum and expediting trlal of cases r involving heinous crimes such as rape. r I

111 ----_._------_._ .._.-

AnnexUI'e

Statement refened to in reply to part (b) of the Lok Sabha Unstarred Question No. 4238 for 18/12/2014 regarding Pending Rape Cases

Number of Courts set up/designated for crime against women

SI. No. Name of the State Number of courts 1 2 3

1 Andhra Pradesh 24

A 2 Assam 3 3 Chhattisgarh 16 4 Chandigarh 01 5 Haryana 21 6 Jammu & Kashmir 5 7 Jharkhand 11 8 Karnataka 10 ~. Kerala 1 10 Madhya Pradesh 50 11 Maharashtra 27 12 Meghalaya 1 13 Odisha 30 14 Punjab 20 15 Rajasthan 9 16 Sikkim 1 17 Tamil Nadu 32 18 Tripura 2 19 West Bengal 48 20 Delhi 6 Total 318

Note: 68 c01l11s approved in Bihar.

112 "

GOVERNMENT OF INDIA

MINISTRY OF LAW ANDJUSTICE DEPARTMENT OF JUSTICE ******

LOKSABHA

UNSTARRED QUESTION NO. 4247

TO BE ANSWERED ON THURSDAY, THE 18TH DECEMBER, 2014

Lok Adalats and Gram Nyayalayas

+4247. RAVINDER KUSHAWAHA

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

(h) the number of districts in Uttar Pradesh where Lok Adalats and Gram Nyayalayas have been operationalised/ functioning;

(i) the steps taken/ being taken to organise/set up these courts in the remaining districts;

(i) whether the volunteers have been appointed in these courts and if so, the total number thereof along with the honorarium paid to them during each of the last three years and the current year;

(k) whether some of these volunteers have not been paid honorarium for a long period and if so, the details thereof along with the reasons therefor; and

(e) the steps taken/ being taken by the Government for timely payment of honorarium to them? ANSWER

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

(a) & (b) The Lok Adalats are organized under section 19 of the Legal Services Authorities Act, 1987 by State Legal Services Authorities / District Legal Services Authorities / Taluk Legal Services Committees from time to time weekly/ monthly and on special occasion. Apart from these regular and Special Lok Adalats, there are also Permanent Lok Adalats set up for settlement of cases under section 22 B of the Legal Services Authoritiers Act, 1987. The Lok Adalats are regularly being organized in the districts of Uttar Pradesh.

In terms of Section 3( I) of the Gram Nyayalayas Act, 2008, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts. A total number

113 of 12 Gram Nyayalayas have been notified in Uttar Pradesh. However, no gram Nyayalaya is functional.

(c) to (e) Lok Adalats are not Courts. They constitute an Alternative Dispute Resolution Mechanism. Since, no Gram Nayayalaya is functional in Uttar Pradesh, the question of appointment of volunteer and payment of honorarium to them does not arise.

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

LOK SABHA

UNSTARRED QUESTION NO. 4284

TO BE ANSWERED ON THURSDAY, THE 18TH DECEMBER, 2014.

Pendency due to Stay Orders

4284. SHRIMATI DARSHANA VIKRAM JARDOSH:

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

(a) the total number of pending cases in various courts due to stay orders from higher courts in the country; (b) the steps taken I being taken by the Government for expeditious disposal of these cases; (c) whether the Government is aware that many of these cases pertain to financial matters causing huge loss to the Government exchequer and if so, the steps being taken in this regard by the Government; and (d) the other steps taken I being taken by the Government to minimise the pendency due to stay orders? ANSWER MINISTER OF LAW & JUSTICE (SHRI D. V. SADANANDA GOWDA)

(a) to (d): Grant of stay orders in civil and criminal cases is part of judicial proceedings and Courts have been vested with inherent powers in this regard under the relevant provisions of the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973. So also, hearing and disposal of Court cases under various laws fall within the domain of judiciary.

Data on pendency of cases is compiled by the High Courts. Information about pendency of cases in Civil and Criminal matters in High Courts and District and Subordinate Courts under their jurisdiction is periodically obtained by the Government. The details of cases pending on account of stay orders from higher courts are not being separately obtained.

In order to expedite the trial of court cases, including cases pertaining to financial matters, a number of legislative changes have been made in procedural laws, which include provisions for limiting adjournments of court proceedings in criminal and civil matters as contained in Section 309 of the Code of Criminal Procedure, 1973 and Order XVII of the Code of Civil

Procedure, 1908.

115 Further, to reduce government litigation in courts the Central Government has encouraged the States to notify their litigation policies which contain provisions for timely filing of replies which may help vacation of stay orders. Provisions have also been made for promotion of Alternative Dispute Resolution Mechanisms.

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116 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSnCE ******

LOKSABHA UNSTARRED QUESTION NO. 4297

TO BE ANSWERED ON THURSDAY, THE 18TH DECEMBER, 2014

Mediation Centres and ADR

4297. SHRI CHAND NATH: SHRI RABINDRA KUMAR JENA:

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

(I) the nu~ber of Mediation Centres and Alternative Disputes Resolution (ADR) Centres set up In the country, State/UT-wise including Odisha;

(rn) the details of funds allocated and spent thereon during each of the last three years and the current year, State/UT-wise ;

(n) the number of cases disposed of by these centres during the said period;

(0) whether the National Legal Services Authority allocates funds for the purpose and if so, the details thereof; and

(e) the number of such centres which are approved and yet to be set up in the country, State/UT-wise along with the time frame set up for the purpose?

ANSWER

MINISTEROF LAWAND JUSTICE (SHRI o.v. SADANANDAGOWDA)

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

(d) Yes, Madam. National Legal Services Authority (NALSA) allotted funds of about Rs. 6.54 crores to the State Legal Services Authorities (SLSAs) in the year 2007-08 for establishing Mediation Centres in the States. Grants aggregating to a sum of Rs. 5 crores, i.e. Rs. 3 crore during the financial year 2008-09, Rs. 1 crore each in 2012-13 and 2013-14 respectively were given to Mediation and Conciliation Project Committee (MCPC) to support mediation activities. A sum of Rs. 3.75 crore has also been given to all States/ UTs through respective State Legal Services Authorities (SLSA) during 2013-14 for mediation activities including payment of honorarium to mediators.

117 The 13th Finance Commission also allocates funds for establishing for District Alternative Disputes Resolution (ADR) Centers in various States. As on 31.10.2014, an amount of Rs. 312.85 crore has been released to District ADR Centres. Out of this, Rs. 220.11 crore has been utilized. A statement showing State-wise details of funds released to District ADR and funds utilized is at Annexure-A. ********

118 Annexure-A

Statement as referred to in reply to part (d) of Lok Sabha Unstarred Question No. 4297 put up by Shri Chand Nath and Shri Rabindra Kumar Jena, M.P. for answering on 18.12.2014

13th Finance Commission State• wise release and utilization of funds (As on 31.10.2014)

S.NO. Name of State ADR Centre Funds Released Funds Utilized 1 Andhra Pradesh 09.38 7.26 2 Arunachal Pradesh 0.00 0.00 3 Assam 5.71 0.00 4 Bihar 12.23 0.00 5 Chhattisgarh 4.35 0.00 6 Goa 0.54 0.52 7 Gujarat 10.60 6.97 8 Haryana 19.56 13.45 9 Himachal Pradesh 11.97 9.90 10 Jammu & Kashmir 11.96 11.96 11 Jharkhand 11.96 3.61 12 Karnatala 15.76 24.32 13 Kerala 5.71 1.35 14 Madhya Pradesh 26.63 19.01 15 Maharashtra 39.96 24.34 16 Manipur 1.68 1.11 17 Meghalaya 0.27 0.00 18 Mizoram 0.82 1.29 19 Nagaland 0.00 1.03 20 Odisha 16.30 11.40 21 Punjab 7.61 9.79 22 Rajasthan 18.48 19.38 23 Sikkim 1.62 2.60 24 Tamil Nadu 24.45 16.63 25 Tripura 2.46 2.23 26 Uttar Pradesh 38.04 21.36 27 Uttarakhand 7.06 3.75 6.84 28 West Bengal 7.75 Total 312.85 220.11

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

LOKSABHA

UNST ARRED QUESTION N0.4299

TO BE ANSWERED ON THURSDAY, THE 18.12.20l4 Removal of Judges

4299. Shri VINCENT H. PALA:

Will the Minister of LAW AND JUS'nCE be pleased to state:

(a) whether the Government is aware that it has become difficult to remove judges proven guilty of misconduct and incapacity due to extant constitutional provision requiring two thirds majority in Parliament; (b) if so, the details thereof; (c) whether the Government proposes to review and amend the said provisions so as to enable the Parliament to remove the guilty judges without any impediments; and (d) if so, the details thereof and if not, the other steps proposed to be taken by the Government for evolving an alternative procedure for removal of guilty judges?

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

(a) and (b): The procedure for removal of Judges of the Supreme Court and High Courts by

impeachment is laid down in Article l24 (4) of the Constitution. The Judges (Inquiry) Act, 1968

regulates the procedure of the investigation and proof of the misbehavior or incapacity ora Judge of

the Supreme Court and High Courts and for the presentation of an address by Parliament to the

President

Judges/ However. 10 ensure greater accountability and transparency in the higher judiciary, a bill

titled. "the Judicial Standards and Accountability Bill", was introduced in the Lok Sabha on

01>12,20 10, The Bill sought to replace the Judges (Inquiry) Act. 1968. The Bill has lapsed

consequent to the dissolution of the 15th Lok Sabha .

.5""""--:,:

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

LOKSABHA

UNSTARRED QUESTION NO. 4311

TO BE ANSWERED ON THURSDAY, THE 18TH DECEMBER, 2014

Cases Pending Against Actors 4311. SHRI HARISH MEENA:

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

(a) the details of cases registered and pending against various Film Actors I Celebrities for violation of law in various courts in the country; (b) whether their celebrity status is one of the causes of delay in judicial pronouncements; and (c) if not, the reasons for delay in disposal of each of these cases along with the period since when these are pending in various courts?

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

(a) to (c): Data on pendency of cases is compiled by the High Courts. Information about pendency of cases in Civil and Criminal matters in High Courts and District and Subordinate Courts under their jurisdiction is periodically obtained by the Government. However, information on cases registered and pending against various Film Actors / Celebrities for violation of laws is not being obtained separately as such classification of cases is not being maintained.

Disposal of cases including those registered against Film Actors / Celebrities is in the domain of Judiciary. Time taken for disposal of each case depends on several factors, which include complexity of facts involved, nature of evidence, co-operation of stake-holders viz. bar, investigation agencies, witnesses and litigants etc. *****************

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

LOKSABHA

UNSTARRED QUESTION NO. 4333

TO BE ANSWERED ON THURSDAY, THE 18TH DECEMBER, 2014.

All India Judicial Service 4333. SHRI HARINDER SINGH KHALSA: KUMARI SHOBHA KARANDLAJE: SHRI OM BIRLA:

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

(a) whether a majority of States have expressed their opinion regarding comprehensive proposal for constitution of All India Judicial Services; (b) if so, the details thereof; (c) the action taken by the Government on the views expressed by the State Governments; (d) whether the Government proposes to create special I separate courts for dealing with cases of traffic I police challan, bribery and corruption; and (e) if so, the details thereof?

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

(a) to (c): A comprehensive proposal was formulated for the constitution of an All India Judicial Service (AIJS) and the same was approved by the Committee of Secretaries in November, 2012. The proposal was included as an agenda item in the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013 and it was decided that issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. 15 State Governments and 18 High Courts have furnished their views. However, there is divergence of opinion among the State Governments and High Courts on

constitution of All India Judicial Service.

(d) and (e) : The subject matter relating to creation of additional I special courts in subordinate judiciary falls within the domain of the State Governments and High Courts concerned. The Law

Commission of India, in its 245th Report, titled "Arrears and Backlog: Creating Additional Judicial (wo) manpower", has inter-alia recommended creation of special morning and evening courts for

122 • traffic / police challan cases. The recommendations of the Law Commission have been forwarded to the State Governments and the High Courts.

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123