3Rd Session of 17Th Lok Sabha WEDNESDAY, 04Th March 2020
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LOK SABHA Budget Session – 3rd Session of 17th Lok Sabha WEDNESDAY, 04th March 2020 INDEX S.No. Question Question Date Subject Division Page No. Type Nos. 1. Question Starred 04.03.2020 Indian Judicial Service NM 2-5 No.193 2. Question Starred 04.03.2020 Vacancies in various NM 6-7 No.196 courts 3. Question Starred 04.03.2020 Law Reports Coordination 8-9 No.198 4. Question Unstarred 04.03.2020 Legal Services to A2J/LAP 10-12 No.2114 Victims of Acid Attacks 5. Question Unstarred 04.03.2020 SC/ST(Prevention of Justice.II 13-14 No.2123 Atrocities) Act 6. Question Unstarred 04.03.2020 High Court Benches in Appointment 15-16 No.2136 Odisha Division 7. Question Unstarred 04.03.2020 Special Court to try Justice.II 17-20 No.2180 Offences against Women 8. Question Unstarred 04.03.2020 Village Courts JR Desk 21-22 No.2183 9. Question Unstarred 04.03.2020 Setting up of New High Appointment 23-24 No.2201 Court Bench Division 10. Question Unstarred 04.03.2020 Pending Rape Cases Justice.II 25-29 No.2251 in Courts 11. Question Unstarred 04.03.2020 Family Courts Justice.II 30-31 No.2273 ..• GOVERNMENTOF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOKSABHA STARRED QUESTION NO. *193 TO BE ANSWERED ON WEDNESDAY, 04th MARCH, 2020 Indian Judicial Service *193. SHRI RAJMOHAN UNNITHAN: SHRI PINAKI MISRA: Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Government has any plan to set up Indian Judicial Service as an All India service to fill the vacancies in the Judiciary and give the representation to marginalized sections of the society; and (b) if so, the details thereof? ANSWER MINISTEROF LAW & JUSTICE, COMMUNICATIONSAND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD) (a) to (b): A Statement is laid on the Table of the House. • , . STATEMENT REFERRED TO IN REPLY TO PARTS Ca) and (b) of LOK SABHA STARRED QUESTION NO. *193 FOR ANSWER ON 04th MARCH, 2020. (a) to (b) : In Government's view, a properly framed All India Judicial Service is important to strengthen overall justice delivery system. This will give an opportunity for induction of suitably qualified fresh legal talent selected through a proper all-India merit selection system as well as address the issue of social inclusion by enabling suitable representation to marginalized and deprived sections of society. A comprehensive proposal was formulatedfor the constitution of an All India Judicial Service (AIJS) and the same was approved by the Committee of Secretaries in November, 2012. Besides attracting some of the best talent in the country, it may also facilitate inclusion of competent persons from marginalized sections and women in the judiciary. The proposal was included as an agenda item in the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013 and it was decided that the issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. There was divergence of opinion among the State Governments and among the High Courts on the constitution of All India Judicial Service. While some State Governments and High Courts favoured the proposal, some were not in favour of creation of All India Judicial Service while some others wanted changes in the proposal formulated by the Central Government. The High Courts of Sikkim and Tripura have concurred with the proposal approved by Committee of Secretaries for formation of All India Judicial Service. The High Courts of Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Orissa and Uttarakhand have suggested changes in age at induction level, qualifications, training and quota of vacancies to be filled through All India Judicial Service. Rests of the High Courts have not favoured the idea. Most of the High Courts want the administrative control over the Subordinate Judiciary to remain with the respective High Courts. The High Courts of Jharkhand and Rajasthan have indicated that the matter regarding creation of AIJS is under consideration. No response has been received from the High Courts of Calcutta, Jammu & Kashmir and Gauhati. The State Governments of Arunachal Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Meghalaya, Nagaland and Punjab do not favour the formation of AIJS. The State Government of Maharashtra wants the recruitment to be done at Judicial Magistrate First Class (JMFC) level which is not in consonance with the provisions of AIJS included in the Constitution of India. The State Governments of Bihar, Chhattisgarh, Manipur, Orissa and Uttarakhand want changes in the proposal formulated by the Central Government. The State Government of Haryana has stated that the proposal seems to be justified. The State Government of Mizoram supported creation of AIJS on the lines of lAS, IPS and other Central Services. The then State of Jammu and Kashmir has mentioned that provisions of Constitution of India for formation of AIJS incorporated in the Constitution by 42nd Amendment Act, 1976 are not applicable to the State of Jammu and Kashmir. No response has yet been received from rest of the States. The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judges / judicial officers at all level was also included in the agenda for the Chief Justices Conference, which was held on 03rd and 04th April, 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expedltlously. The proposal for constitution of All India Judicial Service with views from the High Courts and State Governments received thereon was included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of the High Courts held on os" April, 2015. However, no progress was made on the subject. The proposal of setting up of an All India Judicial service was again discussed on points of eligibility, age, selection criteria, qualification, reservations etc in a meeting chaired by Minister of Law and Justice on 16th January 2017 in the presence of Minister • of State for Law and Justice, Attorney General of India, Solicitor General of India, Secretaries of Department of Justice, Legal affairs and Legislative Department. In view of the existing divergence of opinion amongst the stakeholders the Government is engaged in a consultative process with the stakeholders to arrive at a common ground. ************ GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOK SABHA STARRED QUESTION NO. *196 TO BE ANSWERED ON WEDNESDAY, 04th MARCH,2020 Vacancies in various Courts *196.SHRIANUBHAV MOHANTY: Will the Minister of LAW AND JUSTICEbe pleased to state: (a) the status of the vacancies of the non-Judicial officers and staff in various courts in the country; (b) the steps taken by the Government to ensure that the vacancies of the non• judicial officers and staff in various courts in the country are filled on time so that the courts function smoothly and efficiently and are able to dispose of a greater number of cases in shorter period; and (c) whether the Government is considering filling up of these vacancies on contractual basis by candidates who fulfil the prescribed mandatory qualifications and pass the basic tests and if so, the details thereof? ANSWER MINISTEROF LAW & JUSTICE,COMMUNICATIONSAND ELECTRONICS& INFORMATIONTECHNOLOGY (SHRIRAVISHANKARPRASAD) (a) to (c): A Statement is laid on the Table of the House. ... STATEMENT REFERRED TO IN REPLY TO PARTS (a) to Ccl of LOK SABHA STARRED QUESTION NO. *196 FOR ANSWER ON 04th MARCH, 2020. (a) to (c) : The selection and appointments in subordinate courts falls within the purview of the High Courts concerned and respective State Governments. Information on these vacancies is not maintained in the Union Government. ************ GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE) LOKSABHA STARRED QUESTION NO.198 TO BE ANSWERED ON WEDNESDAY, THE 4m MARCH, 2020 Law Reports * 198. SHRI JASBm SINGH GILL: Will the Minister of LAW AND JUSTICE be pleased to state: a) whether the Supreme Court and High Courts are regularly publishing law reports; b) if so, the detailsthereof; c) if not, the details of the Courts, out of those mentionedin part (a) above, which are not regularly publishing law reports and the steps taken by the Government to ensure that these reports are publishedregularly; d) whether the Government is planning to involve private publishers to publish law reports and if so,the details thereof; and e) the steps taken by the Government to prevent commercial monopoly being created by fewprivate publishers? ANSWER MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHONOLOGY (SHRI RA VI SHANKAR PRASAD) (a) to(e): A Statement is laid on the Table of the House. STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (e~ OF LOK SABRA STARRED QUESTION NO.*198 FOR ANSWER ON 4T MARCH,,· 2020. (a) to (e): Publication of Law Reports is a matter which falls within the purview of the judiciary. Reportable decisions of the Supreme Court are published in Supreme Court Reports (SCR). SCR is the official journal of reportable Supreme Court decisions, which is published under the authority of the Supreme Court of India. In respect of High Courts, as per information received, while some are publishing Law Reports like the High Courts of Madhya Pradesh, Punjab & Haryana, Orissa, Karnataka, Kerala, Sikkim, Madras, Rajasthan and Calcutta certain High Courts like Uttarakhand, Manipur, Patna, Andhra Pradesh, Jharkhand, Gujarat, Gauhati and Telangana are not publishing any Law Report. *** \ ' GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE '.