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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 707 ANSWERED ON 28.11.2011
Funds for improvement of judicial system
707 Shri Prabhat Jha Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether it is a fact that the 13th Finance Commission has recommended that funds should be provided as grants for the improvement of judicial system in the country; (b) if so, the details thereof; and (c) the details of the funds provided by Government to the Ministry in this regard and the improvement work done, so far?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b) : With the objective of improving justice delivery, Thirteenth Finance Commission has recommended a grant of Rs. 5000 crore to be utilized over a period of five years from 2010 to 2015. This grant is aimed at providing support to improved judicial outcomes, and is allocated for the initiatives such as (i) Increasing the number of court working hours using the existing infrastructure by holding morning / evening / shift courts; (ii) Enhancing support to Lok Adalats to reduce the pressure on regular courts; (iii) Providing additional funds to State Legal Services Authorities to enable them to enhance legal aid to the marginalized and empower them to access justice; (iv) Promoting Alternate Dispute Resolution (ADR) mechanism to resolve part of the disputes outside the court system; (v) Enhancing capacity of judicial officers and public prosecutors through training programmes; (vi) Supporting creation or strengthening of a judicial academy in each State to facilitate such training; (vii) Creation of the post of Court Managers in every judicial district and High Courts to assist the judiciary in their administrative functions and (viii) Maintenance of heritage court buildings. (c) : A grant of Rs. 1000 crore was released to the States during the year 201011. During the current year (201112) a grant of Rs. 150.29 crore has been released so far. As per the information available, 4567 Morning / Evening / Shift Courts have been set up which have disposed of around 12.37 lakh cases. 73,761 LokAdalats have been held which have disposed of 10,28,612 cases. Legal Aid has been provided to 3,50,338 persons. 25,708 Legal awareness camps have been held which have benefitted around 3.50 lakh persons. 3461 Judicial Officers, 1029 Public Prosecutors and 7166 mediators have been trained. 139 ADR Centres have been set up which have disposed of around 10,400 cases. 115 Court Managers have been appointed across the country by the courts. ****
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 706 ANSWERED ON 28.11.2011
Action against frivolous litigations
706 DR. JANARDHAN WAGHMARE
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether the Supreme Court has recently observed that the penalty imposed on a person indulging in frivolous and vexatious litigation be increased to 3000 per cent; (b) if so, whether there is any urgent need to take a tough stand against frivolous litigations; and (c) if so, the steps Government proposes to take to prevent frivolous litigations in various courts across the country? ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a): The Hon’ble Supreme Court in Civil Appeal No. 8610 of 2011, titled Sanjeev Kumar Jain Vs. Reghubir Saran Charitable Trust & Ors., has observed as below: “At present, the maximum that can be awarded as compensatory costs in regard to false and vexatious claims is Rs. 3,000/. Unless the compensatory costs is brought to a realistic level, the present provision authorizing levy of an absurdly small sum by present day standards may, instead of discouraging such litigation, encourage false and vexatious claims. At present Courts have virtually given up awarding any compensatory costs as award of such a small sum of Rs. 3,000/ would not make much difference. We are of the view that the ceiling in regard to compensatory costs should be at least Rs. 1,00,000/.” (b) & (c): Frivolous litigations are dealt in appropriate manner by the respective courts and their procedure.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 705 ANSWERED ON 28.11.2011
Cost of litigation in Supreme Court
705 SHRI SYED AZEEZ PASHA
Will the Minister of LAW & JUSTICE be pleased to satate : ) Whether Government would establish benches of the Supreme Court in some regions to reduce the costs to ordinary litigants;
(b) Whether Government is aware that common man is unable to access the Supreme Court due to exorbitant costs of litigation, legal fees and other charges;
(c) the steps Government proposes to take to modify the present system for reducing the financial burdens on litigants; and
(d) the details standards of fees that Government allows for lawyers in the Supreme Court? ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d): According to the Article 130 of the Constitution, “the Supreme Court shall sit in Delhi or in such other place of places as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” Representations have been received from time to time from various sources, for establishment of Benches of Supreme Court in various parts of the country. However, the Chief Justice of India has not agreed for setting up benches of the Supreme Court outside Delhi.
The Supreme Court of India have introduced a system enabling the Advocateson Record/petitionerinperson to file cases in the Supreme Court of India through internet to obviate the difficulties faced by the litigants.
Fee chargeable in the Supreme Court is governed by Supreme Court Rules, 1966 framed by Chief Justice of India under Article 145 of the Constitution. There is no proposal with the Government to reduce the court fee in the Supreme Court. The Government has not framed any standards of fee for lawyers in the Supreme Court.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 701 ANSWERED ON 28.11.2011
National Mission for Justice Delivery and Legal Reforms
701 Shri D. Raja
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether it is a fact that the National Mission for Justice Delivery and Legal Reforms has been approved by Government; and (b) if so, the salient features thereof and the steps being taken for implementing the same?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) : Yes, Sir. Government has approved the setting up of the National Mission for Justice Delivery and Legal Reforms. (b) : The Mission spanning 5 years from 20112016 would focus on two major goals, namely : (i) increasing access by reducing delays and arrears in the system, and (ii) enhancing accountability through structural changes and by setting performance standards and capacities. The National Mission comprises of Advisory Council, Governing Council, National Mission Leader and the Mission Directorate. The Advisory council has been constituted to advise on the goals, objectives and strategies of the National Mission and the Action Plan and its implementation and performance of the Mission in meeting its objectives. The Governing Council has been constituted to facilitate implementation, give policy directions and oversee the work of the Mission.
The tentative action plan covers policy and legislation changes, Reengineering procedures and alternate methods of dispute resolution, focus on Human Resource Development, Leveraging ICT for better justice delivery and improving infrastructure. Infrastructure development for the subordinate judiciary is the major thrust area of the National Mission.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 695 ANSWERED ON 28.11.2011
Gram Nyayalayas in Rajasthan
695 DR. GYAN PRAKASH PILANIA
Will the Minister of LAW & JUSTICE be pleased to satate : (a) the number of Gram Nyayalayas in Rajasthan;
(b) the details of assistance provided by Government for setting up of such Nyayalayas in the State;
(c) the number of cases filed and disposed of by these courts during the last three years, yearwise;
(d) the details of mobile courts in the state;
and
(e) how mobile courts are helping the Gram Nyayalayas in speedy disposal of cases?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): As per information received from the Government of Rajasthan, 45 Gram Nyayalayas have been notified in the State. The Department of Justice has released an amount of Rs. 567 lakh to the State Government towards the nonrecurring expenditure for setting up these Gram Nyayalayas.
(c) to (e) : The information is not being maintained by the central Government.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 692 ANSWERED ON 28.11.2011
High Court in Goa
692 Shri Shantaram Naik
Will the Minister of LAW & JUSTICE be pleased to satate : (a) the number of cases pending in the Panaji bench of the Bombay High Court, categorywise; ______(b) the number of cases pending for more than two years, three years, four years and above categorywise; (c) whether it is a fact that the erstwhile Union Territory of Goa, Daman & Diu had a full fledged High Court with its seat at Panaji during Portuguese regime; (d) the details of the history of the said High Court and its jurisdiction; and (e) whether Goa has been denied its constitutional right of an independent High Court?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): As per the information received from Bombay High Court, 4956 Civil and 339 Criminial cases were pending in the Panaji Bench of the Bombay High Court as on 31.10.2011.
(b): As per the information received from the Bombay High Court, a statement indicating the year wise and categorywise pendency of cases as on 31.10.11is enclosed as Annexure.
(c) & (d): In the year 1544 the Portuguese Regime had created a High Court and designated it as “Tribunal de Relacao das Indias”. The said High Court was headed by a Chancellor and had 3 sitting Judges. This position continued to be in force with slight changes upto the time of Liberation of Goa, when the High Court Tribunal was functioning with 5 Judges and had its territorial jurisdiction extending over the Territory of Goa, Daman & Diu and rest of the Portuguese colonies. A Judicial Officer of the rank of a High Court Judge was functioning in the said Tribunal and he was known as “Procurador de Republica”.
After the Liberation of Goa in the year 1961 Tribunal de Relacao das Indias was abolished and was substituted by the Judicial Commissioner’s Court. However, the said Court had lesser powers than a High Court under the Indian Judicial system. Although the Judicial Commissioner’s Court
http://164.100.47.4/newrsquestion/ShowQn.aspx 1/2 8/4/2015 functioning at those times in Union Territory was given certain powers of a High Court under the provisions of the Goa, Daman and Diu (Judicial Commissioners Court) Regulation, 1963, it was not a full fledged High Court. However, jurisdiction of High Court of Judicature at Bombay was extended to the State of Goa and Union Territories of Daman and Diu and Court of the Judicial Commissioner was abolished and a permanent Bench of High Court of Judicature at Bombay was established at Panaji (Goa) on 30th October, 1982 as per the provisions of The High Court at Bombay(Extension of Jurisdiction to Goa, Daman and Diu), Act, 1981.
With the passing of Goa, Daman and Diu (Reorganisation) Act, 1987 by the Parliament conferring Statehood on Goa, the High Court of Bombay became the common High Court for the States of Maharashtra and Goa and the Union Territories of Dadra & Nagar Haveli and Daman & Diu w.e.f. 30.05.1987.
(e): No, Sir.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 691 ANSWERED ON 28.11.2011
Representation of women in Judiciary
691 Shri Vijay Jawaharlal Darda
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether Government is aware of the UN Women report released in Delhi in the first week of July, 2011, to launch the Progress of the World’s Women: In pursuit of Justice 201112;
(b) if so, the manner in which the miniscule 3 per cent representation of women in judicial system is proposed to be gradually increased as gender equality is the key for ensuring justice to the victims; and
(c) whether a dedicated special drive is to be launched exclusively for women for competing and joining the judicial service, initially in subordinate courts and district level courts?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): Yes, sir. (b) : Appointment of Judges of the Supreme Court and High Courts is made under Articles 124 and 217 of the Constitution of India respectively, which do not provide for reservation. However, the Government has been requesting the Chief Justices of High Courts to keep representation of suitable women candidates under consideration while recommending appointment of Judges of High Courts. (c): Under the provisions of Article 309 read with Articles 233 and 234 of the Constitution, the judicial officers are employees of the respective State Governments. The State Government frames rules and regulations in consultation with the High Court. The members of the State Judicial Service are governed by these rules and regulations. Therefore, the matters relating to representation of women in district courts and subordinate courts are the exclusive concern of the State Governments.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 98 ANSWERED ON 28.11.2011
Strengthening of judicial system
98 SHRI PARSHOTTAM KHODABHAI RUPALA
Will the Minister of LAW & JUSTICE be pleased to satate : (a) the details of the concrete steps the Ministry is going to take for bringing transparency in the judicial process, speedy redressal of disputes and restoring the dignity of judiciary;
(b) whether any proposal is under consideration of the Ministry for providing free and speedy justice to the poor and middle class people so that they can have full faith in the judicial system of the country; and
(c) whether the Ministry is considering any proposal for determining a specific timeframe for the disposal of cases?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (c) : A statement is laid on the Table of the House.
Statement referred in part (a) to (c) of the Rajya Sabha Starred Question No.98 for 28.11.2011. The Government have taken the following steps: 1. To ensure greater accountability and transparency in the higher judiciary, a Bill titled, “The Judicial Standards and Accountability Bill, 2010” was introduced in the Lok Sabha on 01.12.2010. The Bill provides for a statutory mechanism for enquiring into individual complaints against the Judges of the High Courts and Supreme Court, enabling declaration of assets and liabilities by the Judges, their spouses/dependent children and lays down judicial standards to be followed by Judges. Once the Act comes into force, all these measures will increase accountability of Judges thereby further strengthening the independence of the judiciary.
http://164.100.47.4/newrsquestion/ShowQn.aspx 1/2 8/4/2015 2. Vision document 2009 of the Ministry of Law and Justice envisaged setting up a National Mission and through various initiatives of the Mission bringing down pendency from 15 years to 3 years in the next three years. Aiming at this objective, the Government have approved setting up of a ‘National Mission for Justice Delivery and Legal Reforms’ in July, 2011 with the following two major goals;
• Increasing access by reducing delays and arrears in the system. • Enhancing accountability through structural changes and by setting performance standards and capacities. A major initiative taken up under the Mission is infrastructure development of subordinate judiciary, which has been one of the bottlenecks in speedy delivery of justice. 3. Financial assistance in the form of grant to the tune of Rs, 5000 Crore is being provided to States over the period 201015 as recommended by 13th Finance Commission for improving justice delivery system by setting up morning/evening/shift/special magistrate courts to dispose petty cases, establishment of Alternative Dispute Resolution (ADR) centres, provide training to mediators/conciliators, organise Lok Adalats to reduce pendency, strengthening legal aid, training of judicial officers and prosecutors etc.
4. The Chief Justice of all the High Courts have been requested to launch a campaign from July December, 2011 to reduce pendency of cases in court and also for filling up vacancies of judges in the High Courts and Subordinate Courts during the same period. 5. As regards cost of the litigation, the court fee fixed by the States/High Courts and Supreme Court through their respective rules are already minimal. In addition, Government have already established a network of Legal Services Authority for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
6. The Government is implementing an eCourts project for computerisation of district and subordinate courts in the country and upgradation of the ICT infrastructure of the Supreme Court and the High Courts covering over 14000 crores in the country, for improving various services to citizens through ICT enablement as also court processes.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 1479 ANSWERED ON 05.12.2011
Circuit Bench of Calcutta High Court
1479 Shri Sukhendu Sekhar Roy
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether Government is aware that in spite of the long standing demand of the people of North Bengal and even though all infrastructure is ready for running of a Circuit Bench of Calcutta High Court, the same has not yet started functioning; (b) if so, by when the said Circuit Bench would start functioning in Jalpaiguri district of West Bengal; and (c) if the Circuit Bench could not be started in near future, the reasons therefor? ANSWER
ANSWER MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID) (a) to (c) : The Government of West Bengal had sent a proposal for establishment of a Circuit Bench of the Calcutta High Court at Jalpaiguri. The Chief Justice of the Calcutta High Court had inspected the infrastructural facilities provided by the State Government at Jalpaiguri for establishment of the temporary Circuit Bench. till the permanent building of the Circuit Bench i.s ready. However, in his opinion, the infrastructural facilities provided for establishment of the temporary Circuit Bench in the Jalpaiguri Zilla Parishad Dale Bungalow are neither satisfactory nor the premises suitable, even for 0... temporary period. The space and accommodation provided is also insufficient. The Government of West Bengal have been requested to create all the necessary infrastructure facilities.
http://164.100.47.4/newrsquestion/ShowQn.aspx 1/1 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF JUSTICE
RAJYA SABHA
UNSTARRED QUESTION NO. 1478
TO BE ANSWERED ON MONDAY, THE 5th December, 2011
Speedy Justice to poor
1478. SHRI SHADI LAL BATRA:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the details and number of pending cases in High Courts and the Supreme Court;
(b) Whether the poor are not getting timely justice in higher courts as compared to the rich people;
(c) if so, the details and reaction of Government thereto; and
(d) the steps taken by Government to ensure equality in delivery of justice in the courts?
ANSWER
MINISTER OF LAW AND JUSTICE
(SHRI SALMAN KHURSHID)
(a): As per the data maintained by the Registry of the Supreme Court, 56,383 matters (32,080 Admission matters and 24,303 Regular matters) were pending in the Supreme Court as on 31.10.2011. As on 1.11.2011, out of 56,383 pending matters, 20,334 matters are less than one year old and so they are not in arrears. Arrears are only of 36,049 matters. 33,36,256 civil cases and 8,81,647 criminal cases were pending in the High Courts as on 30.09.2010. (b) & (c): No, Sir. Does not arise.
(d): The legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority(NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.
Under the Legal Services Authorities Act, 1987, a State Legal Services Authority in every State and in every High Court, a High Court Legal Services Committee have been constituted. District Legal Services Authorities and Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to give effect to the policies and direction of the NALSA and to provide free legal services to the poor and conduct Lok Adalats in the State.
Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme insofar as it relates to the Supreme Court of India.
NALSA has notified the National Legal Services Authority (Free and Competent Legal Serivices) Regulations, 2010 to implement the Legal Aid Programmes and Schemes throughout the country. These Regulations have to be implemented by all Legal Services Authorities and Committees including the High Court Legal Services Committees also.
Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to discharge the following main functions on regular basis:
I. To provide Free Legal Services to the persons eligible under Section 12 of the Legal Services Authorities Act: (a) Women and Children; (b) Member of SC/ST; (c) Industrial workmen; (d) Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster; (e) Disabled persons; (f) Persons in custody;
(g) Persons whose annual income does not exceed `1,00,000/- p.a.;
and II. To organize Lok Adalats for amicable settlement of disputes.
The Government have approved setting up of ‘National Mission for Justice Delivery and Legal Reforms’ for the period 2011-16. The objectives of the Mission is to focus on two major goals as envisaged in the Vision Document 2009 adopted in the National Consultation for strengthening the judiciary towards reducing pendency and delays held on 24-25 October, 2009, namely: (i) Increasing access by reducing delays and arrears in the system and (ii) Enhancing accountability through structural changes and by setting performance standards and capacities.
Thirteenth Finance Commission had recommended ` 5000 crore for the judiciary for better justice delivery for five years (2010-15).. These grants provides for extended court hours, holding of Lok Adalats and creation of ADR centres. ` 1000 crore has already been released during 2010-11 and ` 325.90 has been released during 2011-12 so far.
Government have also requested all the Chief Justices of High Courts to launch a campaign to reduce pendency of cases in courts from July- December, 2011. The High Courts have also been requested to give priority to disposal of long pending cases pertaining to women, senior citizens, minors, disabled and other marginalized groups.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 1477 ANSWERED ON 05.12.2011
Central assistance to set up more courts in Rajasthan
1477 SHRI OM PRAKASH MATHUR
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether Rajasthan Government has demanded Central assistance to set up more courts; (b) if so, the details thereof; and (c) the additional funds proposed to be allocated to the State?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b) : The Government of Rajasthan has demanded 100 % Central assistance towards recurring expenditure for the setting up of 45 Gram Nyayalayas for the first three years at the rate of 51.40 lakh per Gram Nyayalayas. The State Government has also requested for providing Rs. 45 lakh per Gram Nyayalaya for meeting nonrecurring cost of setting up of 45 Gram Nyayalayas in the State. (c) : The existing scheme provides for Central assistance to the tune of Rs. 18 lakh per Gram Nyayalaya towards nonrecurring cost of setting up of Gram Nyayalayas and Rs. 3.20 lakh per Gram Nyayalaya for the first three years for meeting recurring expenditure. Accordingly a grant of Rs. 567 lakh has been released to the State Government as Central assistance for meeting non recurring expenditure for setting up of 45 Gram Nyayalayas in the State.
****
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 1472 ANSWERED ON 05.12.2011
All India Judicial Service
1472 SHRI RAM VILAS PASWAN
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether Government would constitute All Indian Judicial Service on the lines of Indian Administrative Service and Indian Police Service;
(b) if not, whether it is not a violation of the Article 312 of the Constitution; and
(c) by when Government would create this service? ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) to (c) : The Government is seized of the matter of creation of an All India Judicial Service under article 312 of the Constitution which requires a Resolution to be passed by the Rajya Sabha enabling the Parliament to enact necessary laws.
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RAJYA SABHA UNSTARRED QUESTION NO. 2093
TO BE ANSWERED ON MONDAY, THE 12" DECEMBER, 2011
Funds for security around court premises
2093. SHRI RAJKUMAR DHOOT
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether it is a fact that there is inadequate security system in most of the High Courts and Subordinate Courts in the country;
(b) if so, the details thereof;
(c) whether Government proposes to release Central funds for tightening security at High Courts and Subordinate Courts in view of shortage of funds in most of the States; and
(d) if so, the details thereof and if not, the reasons therefor?
ANSWER MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d) : Providing security at High Courts and Subordinate Courts is the concern of the respective State Government. Central Government has no such proposal to provide central funds for the purpose. Ministry of Home Affairs has issued guidelines to the States for the security of High Courts and District/Subordinate Courts in the country. 8/4/2015
GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2090 ANSWERED ON 12.12.2011
Separation of judiciary from executive in public services
2090 SHRI PRAVEEN RASHTRAPAL
Will the Minister of LAW & JUSTICE be pleased to satate : a) The details of action taken by the Ministry to separate the judiciary from the executive in the public services as required under Article 50 of the Constitution; . (b) if not, the reasons therefore;and (c) the status in the matter of Indian Judicial Services Commission? ANSWER
ANSWER MINISTER OF LAW AND JUSTICE (SHRISALMAN KHURSHID) (a)& (b) : The higher judiciary is separate from the executive in the public services and therefore, there is no action on the part of".Ministry .of Law & I Justice. The appointment and control of subordinate judiciary.are the . concern of the State Government and the respective High Court. Judiciary is separated from the executive in all States except in KarbiAnglong and Dima Hasao districts of Assam, Nagaland, Meghalaya and Arunachal ._ 0._ ••• Pradesh. The Hon'ble Supreme Court of India is monitoring separation of judiciary in the North Eastern States in Civil Appeal No.4101/2002 (State of Meghalaya and ors. vs. Subhashish Chakraborty & ors.). [cl Presently, there is no proposal in respect of Indian Judicial Services Commission.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2089 ANSWERED ON 12.12.2011
Steps to reduce pendency in courts
2089 Shri Vijay Jawaharlal Darda
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether to speed up trials court infrastructure is being created by infusing Rs. 2000 crores over the next five years;
(b) if so, by when the 2.3 crore pending cases are likely to be substantially wiped out; and
(c) whether detailed planning has been done to man such a huge scheme by positioning trained and qualified manpower in view of existing shortage of Judges in subordinate courts? ANSWER
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): A Mission Mode approach to infrastructure development of subordinate judiciary is among the major initiatives under the National Mission for Justice Delivery and Legal Reforms which is approved by the Government. Inadequacy of infrastructure in subordinate courts has been one of the bottlenecks in the speedy delivery of justice. Keeping this in mind, allocation for the Centrally Sponsored Scheme for infrastructure development has been increased to Rs. 542.90 crore in 2011 12. Further, the CentralState share under the scheme has been increased from 50:50 to 75:25 for States other than NE States. The CentralState share for NE States is 90:10.
In order to computerise the justice delivery system, Government is implementing eCourts Project for the District and Subordinate Courts in the country and upgradation of ICT infrastructure in superior courts at an estimated cost of Rs. 935 crore. The target is to computerize 12,000 Courts by 31st March, 2012 and 14,249 Courts by 31st March, 2014.
Enactment of the Gram Nyayalayas Act, 2008 provides for establishment of Gram Nyayalayas to improve access to justice to the common man at the grassroot level. So far, 151 Gram Nyayalayas have been notified by the States out of which 47 are functional. A provision of Rs. 150 crore has been made during 201112 for providing financial assistance to the States as per the norms of approved scheme.
(b): A pendency reduction drive has been launched from JulyDecember, 2011 by the Department of Justice. Chief Justices have been requested to initiate a campaign mode approach towards clearing petty cases and long pending cases. During the campaign cases relating to women, senior http://164.100.47.4/newrsquestion/ShowQn.aspx 1/2 8/4/2015 citizens and other marginalized groups will be given priority for disposal. With the availability of funds under TFC grant for morning/evening/ shift courts and Lok Adalats, many of these cases can be disposed off. Courts are also to use plea bargaining for criminal cases and ADR for civil cases for quicker disposal. To provide timely delivery of justice, the Government has approved on 23.06.2011 the setting up of the National Mission for Justice Delivery and Legal Reforms.
(c) : The High Courts have been requested to take up the filling up of the vacancies in a campaign mode as it is a critical determinant for reduction in arrears. They were requested to initiate a campaign to fillup at least 50% of the vacancies in the Subordinate Courts by the end of December, 2011. Chief Ministers of States have also been requested for rendering necessary support to the High Courts especially in the filling up of the vacancies in the Subordinate Courts.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2087 ANSWERED ON 12.12.2011
High Court bench at Thiruvananthapuram
2087 Prof. P.J. Kurien
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether Government has received any proposal for setting up a bench of the High Court of Kerala at Thiruvananthapuram; (b) if so, the details thereof; and (c) Government's reaction thereto and the timeframe, if any, fixed to set up the bench? ANSWER
ANSWER MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID) (a)to (c): The Chief Minister of Kerala had sent a request in the year 2005 for setting up a bench of Kerala High Court at Thiruvananthapuram. He was advised to seek consent of the Chief Justice of the High Court as envisaged in Supreme Court Judgment in case of Federation of Bar Association in Karnataka vs. Union of India (AIR 2000 SC 2544). No reply has since then been received from the Government of Kerala.
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RAJYA SABHA
UNSTARRED QUESTION NO. 2085
TO BE ANSWERED ON MONDAY, THE 12th December, 2011
Plan to reduce pendency of court cases
+2085. SHRI SHREEGOPAL WAS:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether Government is aware of constant increase in the number of pending cases in courts and if so, the number of pending cases in courts, State-wise;
(b) the steps taken by Government to reduce the number of pending cases in courts; and
(c) the extent to which cooperation from various States is being sought for disposal of cases by using Hindi and other regional languages along with or in place of English?
ANSWER
MINISTER OF LAW AND JUSTICE
(SHRI SALMAN KHURSHID)
(a): As per the information received from the Registry of the Supreme Court, 56,383 matters (32,080 Admission matters and 24,303 Regular matters) were pending in the Supreme Court as on 31.10.2011. Of these, 20,334 matters are less than one year old and are, thus, not in arrears. The balance 36,049 are arrears.
A Statement giving State-wise pendency in High Courts and Subordinate Courts as on 30.09.2010, is enclosed at Annex.
(b): In order to facilitate expeditious disposal of cases in Courts, Government has taken a number of measures as mentioned below:
I. The Government has approved setting up of 'National Mission for Justice Delivery and Legal Reforms'. The major goals are:
• Increasing access by reducing delays and arrears in the system.
• Enhancing accountability through structural changes and by setting performance standards and capacities
A Mission Mode approach to infrastructure development of subordinate judiciary is among the major initiatives under the National Mission for Justice Delivery which is approved by the Government. Inadequacy of infrastructure in subordinate courts has been one of the bottlenecks in the speedy delivery of justice. Keeping this in mind, allocation for the Centrally Sponsored Scheme for infrastructure development has been increased to Rs. 542.90 crore in 2011-12. Further, the Central-State share under the scheme has been increased from 50:50 to 75:25 for States other than NE States. The Central-State share for NE States is 90:10.
II. The Government has accepted the recommendations of the Thirteenth Finance Commission (TFC) to provide a grant of Rs. 5000 crore to the States for improving the justice delivery system in the country over a five year period 2010-15. A grant of Rs. 1325.90 crore has already been released to the States. With these grants, the States can, inter-alia, set up morning / evening / shift / special magistrates' courts, appoint court managers, establish ADR centres and provide training to mediators / conciliators, organise more Lok Adalats to reduce pendencies. The grants can also be utilized for training of judicial officers, strengthening of State Judicial Academies, training of public prosecutors and maintenance of heritage court buildings.
III. In order to computerise the justice delivery system, Government is implementing e-Courts Project for the District and Subordinate Courts in the country and up-gradation of ICT infrastructure in superior courts at an estimated cost of Rs. 935 crore. The target is to computerize 12,000 Courts by 31st March, 2012 and 14,249 Courts by 31st March, 2014.
IV. Enactment of the Gram Nyayalayas Act, 2008 provides for establishment of Gram Nyayalayas to improve access to justice to the common man at the grass-root level. So far, 151 Gram Nyayalayas have been notified by the States out of which 47 are functional. A provision of Rs. 150 crore has been made during 2011-12 for providing financial assistance to the States as per the norms of approved scheme.
V. A pendency reduction drive has been launched from July-December, 2011 by the Department of Justice. Chief Justices have been requested to initiate a campaign mode approach towards clearing petty cases and long pending cases. During the campaign cases relating to women, senior citizens and other marginalized groups will be given priority for disposal. With the availability of funds under TFC grant for morning/evening/ shift courts and Lok Adalats, many of these cases can be disposed off. Courts are also to use plea bargaining for criminal cases and ADR for civil cases for quicker disposal.
(c): Article 348 (2) provides for authorisation of the Hindi language or any other language used for official purposes of the State, in proceedings in the High Courts. 8/4/2015
GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2083 ANSWERED ON 12.12.2011
Enhancing allocation for providing infrastructure facilities to judiciary
2083 SHRI MANGALA KISAN
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether the allocation under the Centrally sponsored schemes to support the State Governments for providing infrastructure facilities to the judiciary has been increased five folds from Rs. 110 crores to Rs. 543 crores during the financial year 201112; and (b) whether the allocation for Odisha has been enhanced commensurate to this increase in the budget provision?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): Yes, Sir. The allocation under the Centrally Sponsored Scheme for the development of infrastructure facilities for judiciary has been increased from Rs. 110 crore in 201011 to Rs. 542.90 crore in 201112. (b) : The allocation for Odisha Government has also been enhanced from `Rs.5.23 crores in 2010 11 to Rs. 23.96 cores in 201112. The grant allocated has already been released to the State Government.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 268 ANSWERED ON 12.12.2011
Accountability of judges
268 SHRI BHARATSINH PRABHATSINH PARMAR
Will the Minister of LAW & JUSTICE be pleased to satate : (a) the action taken by the Ministry to enhance the dignity of the judicial system; (b) whether the Ministry is in the process of making or having a law for severe punishment against judges whose corruption charges have been proven; and (c) whether the Ministry would simplify the legal process for punishing the judges charged for corruption, as currently due to very lengthy legal process hardly any punishment is given? ANSWER
ANSWER MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSIDD) (a) to Cc) : A Statement is laid on the Table of the House. Statement referred to in reply to parts (a) to (c) of the Rajya Sabha. Starred Question No.*268·foranswer on 12.12.2011 Accountability in the higher judiciary and its enforcement is presently the responsibility of the Chief Justice of India for the Judges of Supreme Court and the Chief Justices of the High Courts and Chief Justices of the High Court for the Judges of his/her Court. .The manner of enquiry as Well as the action to be taken against the erring Judges is within their powers. They are required to exercise this power keeping the interest of judiciary as a paramount consideration. The removalof Judges by impeachment is, however, governed by Article 124 (4) read with proviso (b) to Article 124(2) and proviso (b) to Article 217 (1) of the Constitution. The procedure for this is laid down in Judges (Inquiry) Act, 1968. The impeachment can take place both for misbehaviour or incapacity of the judge under this Act. There is a proposal to change the existing system and establish a more credible and expedient mechanism for investigation into the complaints for misbehaviour or incapacity of a Judge of the Supreme Court or ofa High Court. A comprehensive Bill titled "The Judicial Standards and Accountability Bill, 2010" has been introduced in the Parliament with this objective. The Bill, besides providing for a comprehensive system .for looking into the complaints as well as the penalties which can be imposed on completion of the enquiry, also lays down judicial standards and makes it incumbent on the Judges to declare their assets/liabilities.· The Parliamentary Standing Committee has examined the Bill and given its recommendations. After this becomes an Act of the
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 267 ANSWERED ON 12.12.2011
Working of Fast Track Courts
267 SHRI N.K. SINGH
Will the Minister of LAW & JUSTICE be pleased to satate : Working of Fast Track Courts *267. SHRI N.K.SINGH:
Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Fast Track Courts set up to reduce pendency of cases have yet to take up more than five lakh cases; (b) whether Government has released ` 5,000 crores for various initiatives, including setting up of morning/evening/special judicialmetropolitan magistrate/shift courts in the States, to address the problem of large number of pending cases; and (c) if not, the reason therefor? ANSWER
A N S W E R MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a)to(c): A Statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO RAJYA SABHA STARRED QUESTION NO. 267 FOR 12/12/2011 REGARDING WORKING OF FAST TRACK COURTS As per the available information received from the High Courts, 32.99 lakh cases have been disposed off by Fast Track Courts out of 39.33 lakh cases transferred to these courts, leaving 6.34 lakh cases pending for disposal. With the objective of improving justice delivery, Thirteenth Finance Commission has recommended a grant of Rs. 5000 crore to be utilized over a period of five years up to 20102015. This grant is aimed at providing support to improve judicial outcomes, and is allocated for the following initiatives: Sl. No. Schemes Amount (` in crore) 1 Operation of morning/evening courts/ shift courts 2500 2 ADR Centres 600 3 Training of mediators/ conciliators 150 4 Lok Adalats 100 5 Legal Aid 200 6 Training of Judicial Officers 250 7 State Judicial Academies 300 8 Public Prosecutors Training 150 9 Court Managers 300 http://164.100.47.4/newrsquestion/ShowQn.aspx 1/2 8/4/2015 10 Maintenance of heritage Court Buildings 450 Total 5000 An amount of Rs. 1325.90 crore has been released to the States so far. In 201011, two instalments of Rs. 500 crore each amounting to total Rs. 1000 crore have been released to the States. However the release in 201112 made contingent on the formulation of State Litigation Policy by the State before 31st March 2011. States who had done it will be eligible to draw down the instalment for the succeeding fiscal years also. Accordingly Ist instalment of Rs. 325.90 crore have been released to those States who have put in place the State Litigation Policy and complied with the guidelines on the subject.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2853 ANSWERED ON 19.12.2011
Fast track courts
2853 Shri Dilipbhai Pandya
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether 100 per cent centrally sponsored Fast Track court schemes have successfully achieved its objectives in the country;
(b) if so, the outcome thereof, Statewise;
(c) the Central assistance provided by Government during its tenure to each State including Gujarat, Statewise;
(d) whether it is a fact that Gujarat has borned the extra burden of more than ` 856.80 lakhs per annum and ` 8,284.00 lakhs for the period of extension of the scheme;
(e) if so, the details thereof; and
(f) whether the Ministry would consider to reimburse the amount to the State? ANSWER
A N S W E R MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a)&(b) As per the latest available information received from the Registry of the High Courts/State Governments, 32.99 lakh cases have been disposed off by Fast Track Courts out of 39.33 lakh transferred to them, leaving 6.34 lakh cases pending for disposal. Statewise details are given at AnnexI.
(c) Statewise details of assistance provided by Central Government for the Fast Track Courts between 200001 to 201011, the terminal year of the scheme, is given at AnnexII.
(d)&(e) Rs. 43.48 crores have been released as grant to the State Government of Gujarat during the extended period from 200506 to 201011. Against that, the State Government has reported higher expenditure of Rs. 78.84 crores incurred during this period.
(f) The Central Grant to the States has been released as per the norm approved by the Government. Therefore, reimbursement of excess expenditure incurred by the State Governments including the Government of Gujarat, is not possible.
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STATUS OF FAST TRACK COURTS
SL.NO. STATES NO. OF FAST TOTAL CASES TOTAL CASES NO. OF AS ON TRACK COURT TRANSFERRED DISPOSED CASES FUNCTIONAL SINCE SINCE PENDING INCEPTION INCEPTION 1 2 3 4 5 6 7 1 ANDHRA PRADESH 108 246600 211998 34602 Sep.11 2 ARUNACHAL PRADESH 3 4230 1718 2512 Aug.11 3 ASSAM 20 75520 59362 16158 Aug.11 4 BIHAR 179 239278 159105 80173 March,11 5 CHHATTISGARH 25 94670 76575 18095 March,11 6 GUJARAT 61 536163 428941 107222 Dec.10 7 GOA 3 5208 4114 1094 Aug.07 8 HARYANA 6 38359 33590 4769 Dec.10 9 HIMACHAL PRADESH 9 45066 37667 7399 Sep.11 10 JHARKHAND 39 110027 87789 22238 March,11 11 KARNATAKA 87 218402 184067 34335 Aug.10 12 KERELA 38 113949 100167 13782 Sep.11 13 MADHYA PRADESH 84 348213 298571 49642 Sep.10 14 MAHARASHTRA 67 438435 377421 61014 Dec.10 15 MANIPUR 2 3179 3003 176 Aug.11 16 MEGHALAYA 3 1031 859 172 Aug.11 17 MIZORAM 3 1873 1648 225 Aug.11 18 NAGALAND 2 845 733 112 Aug.11 19 ORISSA 35 69030 63510 5520 Aug.11 20 PUNJAB 15 58570 46347 12223 Dec.10 21 RAJASTHAN 83 149447 123024 26423 Mar11 22 TAMIL NADU 49 411957 371336 40621 Dec. 08 23 TRIPURA 3 6037 5751 286 Aug.11 24 UTTARAKHAND 18 103983 94008 9975 Aug.11 25 UTTAR PRADESH 153 464775 411658 53117 Mar11 26 WEST BENGAL 150 148628 116625 32003 June.11 0 TOTAL 1245 3933475 3299587 633888
AnnexII Central Grants released to States for Fast Track Courts from 200001 to 201011 http://164.100.47.4/newrsquestion/ShowQn.aspx 2/3 8/4/2015 (Rs. In lakh) Central Grant released by Department of Justice Sl. No Name of the state Released from 200001 to 200405 * 200506 200607 200708 200809 200910 201011 Grand Total 1 2 3 4 5 6 7 8 9 10 1 Andhra Pradesh 2250.00 550.50 412.80 412.80 142.40 1096.00 4864.50 2 Arunachal Pradesh 52.69 19.20 14.40 14.40 14.40 14.40 14.40 143.89 3 Assam 530.10 128.00 96.00 96.00 91.20 96.00 96.00 1133.30 4 Bihar 4766.40 960.30 720.00 720.00 720.00 720.00 720.00 9326.70 5 Chhattisgarh 791.10 198.40 129.60 129.60 148.80 148.80 129.60 1675.90 6 Goa 125.10 32.00 24.00 24.00 19.20 14.40 24.00 262.70 7 Gujarat 3226.68 1062.80 1355.90 571.20 580.80 777.60 7574.98 8 Haryana 422.31 102.40 33.60 67.20 38.40 76.80 67.20 807.90 9 Himachal Pradesh 108.59 57.60 43.57 0 38.40 43.20 43.20 334.56 10 J & K 300.60 300.60 11 Jharkhand 2319.30 569.80 226.00 190.17 249.60 196.80 192.00 3943.67 12 Karnataka 2431.80 595.40 610.80 230.40 182.40 446.40 441.60 4938.80 13 Kerala 815.25 198.40 148.80 148.80 148.80 148.80 148.80 1757.65 14 Madhya Pradesh 2223.90 422.50 215.40 259.80 312.00 316.80 316.80 4067.20 15 Maharashtra 4352.40 1197.20 1101.60 782.40 417.60 412.80 537.60 8801.60 16 Manipur 90.00 12.80 9.60 9.60 9.60 9.60 9.60 150.80 17 Meghalaya 90.00 19.20 14.40 0 28.80 28.80 181.20 18 Mizoram 90.00 19.20 17.68 14.40 14.40 14.40 14.40 184.48 19 Nagaland 54.90 12.80 18.18 9.60 9.60 9.60 9.60 124.28 20 Orissa 1866.60 262.40 196.80 158.40 158.40 168.00 168.00 2978.60 21 Punjab 746.10 115.20 48.00 51.20 0 163.20 81.60 1205.30 22 Rajasthan 2238.05 531.40 753.64 398.40 398.40 398.40 398.40 5116.69 23 Sikkim 29.70 29.70 24 Tamil Nadu 1151.90 313.70 235.20 235.20 0 470.40 235.20 2641.60 25 Tripura 73.80 19.20 3.80 0 0 11.56 0 108.36 26 Uttar Pradesh 6319.80 288.00 3075.69 495.52 1161.60 1161.60 1094.40 13596.61 27 Uttarakhand 1173.60 1549.80 216.00 129.60 0 99.62 3168.62 28 West Bengal 3972.60 761.80 571.20 571.20 571.20 571.20 571.20 7590.40 Total 42613.27 10000.00 10292.66 5719.89 5456.00 5613.16 7315.62 87010.60
* Grants released to the States from 200001 to 20042005 by Ministry of Finance.
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RAJYA SABHA UNSTARRED QUESTION NO. 2852
TO BE ANSWERED ON MONDAY, THE 19th December, 2011
Family courts
2852. SHRIMATI NAZNIN FARUQUE:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the number of family courts functioning at present in the country especially in the North East States, State-wise;
(b) the number of cases filed in these courts during the last three years;
(c) the number of cases still pending, State-wise;
(d) whether problems are being faced by States in disposing of cases registered in these courts; and
(e) if so, the details thereof and the steps taken by Government in this regard?
ANSWER MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): At present, 212 Family Courts are reportedly functional across the country. Out of these 2 are in the State of Assam, one in Manipur, 2 in Nagaland, 3 in Tripura and 1 in Sikkim. Four (4) Family Courts have been notified in the State of Mizoram.
(b)to(e): The Information is in the domain of judiciary and is not collected and maintained centrally by the Central Government. 8/4/2015
GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2851 ANSWERED ON 19.12.2011
VRS by Supreme Court employees
2851 SHRI O.T. LEPCHA
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether there is increasing trend among the officers and employees of the Supreme Court in opting for Voluntary Retirement Scheme (VRS);
(b) if so, the reasons therefor;
(c) the number of persons who have taken voluntary retirement during the last five years in various categories; and
(d) the number of applications received under VRS and the voluntary retirement actually taken by the employees during the last five years?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) : No, Sir.
(b) : Does not arise.
(c) : 56.
(d) : 63 applications for voluntary retirement were received. Of them, 56 employees have actually taken voluntary retirement in the last five years.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2849 ANSWERED ON 19.12.2011
Pendency of cases of undertrials
2849 SHRI PARSHOTTAM KHODABHAI RUPALA
Will the Minister of LAW & JUSTICE be pleased to satate : (a) the action taken by the Ministry on the fact that many hiprofile accused persons involved in serious matters are getting bail easily whereas a large number of common people accused in minor matters are not getting bail easily which is very harmful for dignity of our judicial system; (b) whether the Ministry is having any roadmap or in the process to dispose of the cases of undertrial prisoners; and (c) how many cases of undertrial prisoners are pending as on date? ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID) (a) Granting of bail is within the domain of the Judiciary. Courts grant bail on the merits of the case. (b) Since “Prison” is a State subject under List II of the Seventh Schedule to the Constitution, therefore, prison administration is the responsibility of the State Governments. However, as per the Thirteenth Finance Commission (TFC) recommendations, a component of ` 200 crore has been earmarked to support and strengthen the efforts of the National Legal Services Authority (NALSA) and State Legal Service Authorities (SALSAs) to provide legal services to marginalized persons during 201015. With this, a decline in the number of under trials is expected. The guidelines for utilisation of TFC grant provide that the State Governments may set targets to reduce the numbers of undertrials in the courts for monitoring of progress.
Government has, vide letter dated 14th January, 2010, requested Chief Justices of all the High Courts to undertake a programme in Mission Mode to release on bail those undertrial prisoners who are entitled to be so released. The Mission sought to reduce 2/3rd of the undertrial cases from 26th January, 2010 to 31st July, 2010. The Chief Ministers of the States were also requested to facilitate the Judiciary to make this Mission a success. As per information received from the Registry of the High Courts/State Governments till 30.09.2011, more than six lakh undertrial prisoners have been released on bail. (c) As per the information received from National Crime Records Bureau, 2,38,431 undertrial prisoners were lodged in jails as on 31st December 2010.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2847 ANSWERED ON 19.12.2011
Vacancies in J K High Court
2847 Shri Avinash Rai Khanna
Will the Minister of LAW & JUSTICE be pleased to satate : (a) the number of Judges in Jammu and Kashmir High Court; (b) the number of vacancies therein; (c) by when these vacancies would be filled up; (d) the number of Judges from Kashmir, Jammu and Ladakh region in the High Court; and (e) whether any Judge from minority community is posted from Jammu region and if not, the reasons therefor? ANSWER
ANSWER. MINISTER OF LAW ANDJUSTICE (SHRI SALMAN KHURSHID) (a) to (c): The sanctioned strength of Judges in the Jammu & Kashmir High Court is 14 and the number of vacancies as on date is 7. Appointment of Judges for filling up vacancies in High Courts is an ongoing process and is initiated by the concerned High Court. The Jammu & Kashmir High Court has informed that elevation against the existing vacancies is under consideration. (d): As per information provided by Jammu & Kashmir High Court, the number of Judges from Jammu region is 3 and from that of Kashmir region is 4, at present. (e): No community wise data is maintained in respect of High Court Judqes, as there is no reservation.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2846 ANSWERED ON 19.12.2011
Pending cases in North Eastern States
2846 Smt. Naznin Faruque
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether it is a fact that more than two crore cases are pending in subordinate courts of North Eastern States; (b) if so, the details thereof and the reasons for such huge pendency; (c) whether poor infrastructure is one of the main reasons therefor; (d) if so, what efforts Government has made, so far, to improve the infrastructure of subordinate courts in the States;and (e) what other measures Government proposes to initiate to speed up disposal of cases in subordinate courts of the States? ANSWER
ANSWER MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): No, Sir. (b) & (c): As per latest available Information, 3,49,280 cases were pending in the subordinate courts of North Eastern States as on 30.09.2010. While poor infrastructure is one of the causes of pendency in courts, there are other reasons also. Some of them are: • granting of excessive adjournments • lack of priority to disposal of old cases • inadequacy of staff attached to the courts • long arguments by counsels • disproportionate concentration of work among some members of Bar • indiscriminate closure of courts • inadequate judge strength • delay in fillingup of vacancies of judges
(d): A Mission Mode approach for infrastructure development of subordinate judiciary is among the major initiatives under the National Mission for Justice Delivery and Legal Reforms which has been approved by the Government. Inadequacy of infrastructure in subordinate courts has been one of the bottlenecks in the speedy delivery of justice. Keeping this in mind, allocation for the Centrally Sponsored Scheme for infrastructure development has been increased to Rs. 542.90 crore in 201112. Further, the CentralState share under the scheme has been increased from 50:50 to 75:25 for States other than NE States; the CentralState share for NE States is 90:10.
(e): Other measures to speedup disposal of cases in the Subordinate Courts are as under: (i) Government is implementing eCourts Project for the District and Subordinate Courts in the http://164.100.47.4/newrsquestion/ShowQn.aspx 1/2 8/4/2015 country and upgradation of ICT infrastructure in superior courts at an estimated cost of Rs. 935 crore. The target is to computerize 12,000 Courts by 31st March, 2012 and 14,249 Courts by 31st March, 2014. (ii) A pendency reduction drive has been launched from JulyDecember, 2011 by the Department of Justice. Chief Justices have been requested to initiate a campaign mode approach towards clearing petty cases and long pending cases. During the campaign cases relating to women, senior citizens and other marginalized groups will be given priority for disposal. With the availability of funds under TFC grant for morning/evening/ shift courts and Lok Adalats, many of these cases can be disposed off. Courts are also to use plea bargaining for criminal cases and ADR for civil cases for quicker disposal. (iii) The High Courts have been requested to take up the filling up of the vacancies in a campaign mode as it is a critical determinant for reduction in arrears. They have also been requested to initiate a campaign to fillup at least 50% of the vacancies in the Subordinate Courts by the end of December, 2011. Chief Ministers of States have been requested for rendering necessary support to the High Courts especially in the filling up of the vacancies in the Subordinate Courts. (iv) The Government has accepted the recommendations of the Thirteenth Finance Commission (TFC) to provide a grant of Rs. 5000 crore to the States for improving the justice delivery system in the country over a five year period 201015. A grant of Rs. 1325.90 crore has already been released to the States. The States can, utilise them interalia, for setting up morning / evening / shift / special magistrates’ courts, appoint court managers, establishing ADR centres and provide training to mediators / conciliators, organising more Lok Adalats to reduce pendencies. The grants can also be utilized for training of judicial officers, strengthening of State Judicial Academies, training of public prosecutors and maintenance of heritage court buildings. (v) Enactment of the Gram Nyayalayas Act, 2008 provides for establishment of Gram Nyayalayas to improve access to justice to the common man at the grassroot level. So far, 153 Gram Nyayalayas have been notified by the States, out of which 54 are functional. A provision of Rs. 150 crore has been made during 201112 for providing financial assistance to the States as per the norms of approved scheme.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2846 ANSWERED ON 19.12.2011
Pending cases in North Eastern States
2846 Smt. Naznin Faruque
Will the Minister of LAW & JUSTICE be pleased to satate : (a) whether it is a fact that more than two crore cases are pending in subordinate courts of North Eastern States; (b) if so, the details thereof and the reasons for such huge pendency; (c) whether poor infrastructure is one of the main reasons therefor; (d) if so, what efforts Government has made, so far, to improve the infrastructure of subordinate courts in the States;and (e) what other measures Government proposes to initiate to speed up disposal of cases in subordinate courts of the States? ANSWER
ANSWER MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): No, Sir. (b) & (c): As per latest available Information, 3,49,280 cases were pending in the subordinate courts of North Eastern States as on 30.09.2010. While poor infrastructure is one of the causes of pendency in courts, there are other reasons also. Some of them are: • granting of excessive adjournments • lack of priority to disposal of old cases • inadequacy of staff attached to the courts • long arguments by counsels • disproportionate concentration of work among some members of Bar • indiscriminate closure of courts • inadequate judge strength • delay in fillingup of vacancies of judges
(d): A Mission Mode approach for infrastructure development of subordinate judiciary is among the major initiatives under the National Mission for Justice Delivery and Legal Reforms which has been approved by the Government. Inadequacy of infrastructure in subordinate courts has been one of the bottlenecks in the speedy delivery of justice. Keeping this in mind, allocation for the Centrally Sponsored Scheme for infrastructure development has been increased to Rs. 542.90 crore in 201112. Further, the CentralState share under the scheme has been increased from 50:50 to 75:25 for States other than NE States; the CentralState share for NE States is 90:10.
(e): Other measures to speedup disposal of cases in the Subordinate Courts are as under: (i) Government is implementing eCourts Project for the District and Subordinate Courts in the http://164.100.47.4/newrsquestion/ShowQn.aspx 1/2 8/4/2015 country and upgradation of ICT infrastructure in superior courts at an estimated cost of Rs. 935 crore. The target is to computerize 12,000 Courts by 31st March, 2012 and 14,249 Courts by 31st March, 2014. (ii) A pendency reduction drive has been launched from JulyDecember, 2011 by the Department of Justice. Chief Justices have been requested to initiate a campaign mode approach towards clearing petty cases and long pending cases. During the campaign cases relating to women, senior citizens and other marginalized groups will be given priority for disposal. With the availability of funds under TFC grant for morning/evening/ shift courts and Lok Adalats, many of these cases can be disposed off. Courts are also to use plea bargaining for criminal cases and ADR for civil cases for quicker disposal. (iii) The High Courts have been requested to take up the filling up of the vacancies in a campaign mode as it is a critical determinant for reduction in arrears. They have also been requested to initiate a campaign to fillup at least 50% of the vacancies in the Subordinate Courts by the end of December, 2011. Chief Ministers of States have been requested for rendering necessary support to the High Courts especially in the filling up of the vacancies in the Subordinate Courts. (iv) The Government has accepted the recommendations of the Thirteenth Finance Commission (TFC) to provide a grant of Rs. 5000 crore to the States for improving the justice delivery system in the country over a five year period 201015. A grant of Rs. 1325.90 crore has already been released to the States. The States can, utilise them interalia, for setting up morning / evening / shift / special magistrates’ courts, appoint court managers, establishing ADR centres and provide training to mediators / conciliators, organising more Lok Adalats to reduce pendencies. The grants can also be utilized for training of judicial officers, strengthening of State Judicial Academies, training of public prosecutors and maintenance of heritage court buildings. (v) Enactment of the Gram Nyayalayas Act, 2008 provides for establishment of Gram Nyayalayas to improve access to justice to the common man at the grassroot level. So far, 153 Gram Nyayalayas have been notified by the States, out of which 54 are functional. A provision of Rs. 150 crore has been made during 201112 for providing financial assistance to the States as per the norms of approved scheme.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2845 ANSWERED ON 19.12.2011
Status of ecourt project
2845 DR. JANARDHAN WAGHMARE
Will the Minister of LAW & JUSTICE be pleased to satate : (a) the present status of the ecourt project; (b) the total allocation made, so far; (c) the number of courts in the country that have already been computerised; (d) the reasons for the slow pace of computerization of the judicial process; and (e) the details of the plans, if any, to speed up the process?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) : The project envisages the computerization of 14,249 district and subordinate courts in the country and upgradation of ICT infrastructure of the Supreme Court and High Courts. The project aims to enhance judicial productivity both qualitatively and quantitatively and make the justice delivery system more affordable and cost effective through ICT enablement. The target for the FY 1112 is computerization of 12000 Courts, and the remaining 2249 by March 2014. The progress has been as under: Status in Nos. Target for March 2012 Status % Total Approved Courts Sites Ready 12866 12000 107% LAN PO issued 10261 12000 86% LAN Delivery 9179 12000 76% LAN Installation 7857 12000 65% HW PO issued 9833 12000 82% HW Delivery 9281 12000 77% HW Installation 8886 12000 74% S/W Deployment 9118 12000 76%
http://164.100.47.4/newrsquestion/ShowQn.aspx 1/2 8/4/2015 (b) : The funds allocated under the eCourts project is as under:
Financial Year 200809 200910 201011 201112 Rs. In Crore 26.40 115.00 120.00 297.00 (c) : Of the 12,000 Courts, 9118 courts have been computerized already. (d) : The Project is currently on track. However there is a possibility of slowdown in computerization of Taluka Courts as the vendors are not coming forward for variety of reasons. (e) : The Project is monitored closely by the Government through regular video conferencing with the Central Project Coordinators (CPCs) of the High Courts and monthly review meeting taken up by the Department. *****
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 2844 ANSWERED ON 19.12.2011
Disposal of pending cases
2844 SHRI SHREEGOPAL VYAS
Will the Minister of LAW & JUSTICE be pleased to satate : GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE
RAJYA SABHA
UNSTARRED QUESTION NO. 2844
TO BE ANSWERED ON MONDAY 19TH DECEMBER, 2011
Disposal of pending cases
(a) whether the introduction of Lok Adalats and Evening Courts has reduced the number of pending cases;
(b) if so, the details thereof;
(c) whether Government is considering on the alternate arrangement of filling up the vacant posts of the Judges and opening the courts during the courts holidays; and
(d) if so, the details thereof? ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): Thirteenth Finance Commission has recommended grant to be given to the States for improving justice delivery system in the country over a five year period 201015 through various measures including Lok Adalats and Morning / Evening / Holiday courts. A total number of 22.67 lakh cases have been disposed off by Lok Adalats and Morning / Evening / Holiday courts between 01.04.2010 to 31.10.2011. (c) & (d) : As regards the filling up of vacant posts of judges in the District and Subordinate Courts, http://164.100.47.4/newrsquestion/ShowQn.aspx 1/2 8/4/2015 the primary responsibility for that vests with the respective State Governments and High Courts. The Chief Justices of the High Courts have been requested to initiate a campaign for filing up at least 50% of the vacancies in the subordinate Courts by 31st December, 2011. Moreover, under the 13th Finance Commission initiatives, the States can conduct holiday Courts for disposal of cases.
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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE RAJYA SABHA QUESTION NO 365 ANSWERED ON 19.12.2011
Pending cases
365 DR. GYAN PRAKASH PILANIA
Will the Minister of LAW & JUSTICE be pleased to satate : (a) the number of cases pending in the Supreme Court and High Courts as on 1 January, 2009, 2010 and 2011 till date, Statewise and Court wise; (b) the number of cases which are pending for the last 25 years; (c) the reasons for large number of pending cases; (d) whether Government proposes to have a timebound programme for delivering speedy justice;and (e) if so, the details thereof? ANSWER
ANSWER MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (e): A Statement is laid on the Table of the House.
Statement referred to in reply to parts (a) to (e) of the Rajya Sabha Starred Question No. 365 for 15.12.2011 regarding “Pending cases”
(a): As per the information received from the Registry of the Supreme Court, 56,383 matters (32,080 Admission matters and 24,303 Regular matters) were pending in the Supreme Court as on 31.10.2011. Of these, 20,334 matters are less than one year old and are, thus, not in arrears. The balance 36,049 are arrears. The number of cases pending in the High Courts were 42,17,903 as on 30.9.2010.
As on Cases pending in the Supreme Court Cases pending in the High Courts 1.1.2009 49819 38,74,090 1.1.2010 55791 40,60,709 1.1.2011 54562 Not available
Statements indicating the High Courtwise pendency of both civil and criminal cases, as on http://164.100.47.4/newrsquestion/ShowQn.aspx 1/3 8/4/2015 1.1.2009, 1.1.2010 and 30.9.2010 are enclosed at Annex. (b): Information is not being maintained centrally. (c): While increasing institution of cases is one of the causes of pendency in courts, there are other reasons also. Some of them are: • granting of excessive adjournments • lack of priority to disposal of old cases • inadequacy of staff attached to the courts • long arguments by counsels • disproportionate concentration of work among some members of Bar • indiscriminate closure of courts • inadequate judge strength • delay in fillingup of vacancies of judges
(d) & (e): Time taken in disposal of pending cases is exclusively within the domain of the Judiciary. However, In order to facilitate expeditious disposal of cases in Courts, Government has taken a number of measures as mentioned below: II. The Government has approved setting up of ‘National Mission for Justice Delivery and Legal Reforms’. The major goals are : ? Increasing access by reducing delays and arrears in the system. ? Enhancing accountability through structural changes and by setting performance standards and capacities
A Mission Mode approach to infrastructure development of subordinate judiciary is among the major initiatives under the National Mission for Justice Delivery which has been approved by the Government. Inadequacy of infrastructure in subordinate courts has been one of the bottlenecks in the speedy delivery of justice. Keeping this in mind, allocation for the Centrally Sponsored Scheme for infrastructure development has been increased to Rs.542.90 crore in 201112. Further, the CentralState share under the scheme has been increased from 50:50 to 75:25 for States other than NE States; the CentralState share for NE States is 90:10.
II. The Government has accepted the recommendations of the Thirteenth Finance Commission (TFC) to provide a grant of Rs. 5000 crore to the States for improving the justice delivery system in the country over a five year period 201015. A grant of Rs. 1325.90 crore has already been released to the States. With these grants, the States can, interalia, setting up morning / evening / shift / special magistrates’ courts, appoint court managers, establish ADR centres and provide training to mediators / conciliators, organise more Lok Adalats to reduce pendencies. The grants can also be utilized for training of judicial officers, strengthening of State Judicial Academies, training of public prosecutors and maintenance of heritage court buildings. III. In order to computerise the justice delivery system, Government is implementing eCourts Project for the District and Subordinate Courts in the country and upgradation of ICT infrastructure in superior courts at an estimated cost of Rs. 935 crore. The target is to computerize 12,000 Courts by 31st March, 2012 and 14,249 Courts by 31st March, 2014.
IV. Enactment of the Gram Nyayalayas Act, 2008 provides for establishment of Gram Nyayalayas to improve access to justice to the common man at the grassroot level. So far, 153 Gram Nyayalayas have been notified by the States out of which 54 are functional. A provision of Rs. 150 crore has been made during 201112 for providing financial assistance to the States as per the norms of approved scheme.
V. A pendency reduction drive has been launched from JulyDecember, 2011 by the Department of http://164.100.47.4/newrsquestion/ShowQn.aspx 2/3 8/4/2015 Justice. Chief Justices have been requested to initiate a campaign mode approach towards clearing petty cases and long pending cases. During the campaign cases relating to women, senior citizens and other marginalized groups will be given priority for disposal. With the availability of funds under TFC grant for morning/evening/ shift courts and Lok Adalats, many of these cases can be disposed off.
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