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Home , 17th Lok Sabha, Advocate general (India)

LOK SABHA

Monsoon Session, 2020 (4th Session of 17th )

Wednesday, 16th September, 2020

Sl.No. Question Question Date Subject Division Page No. Type No. 1. 472 Unstarred 16.09.2020 Legal Assistance LAP 2-3 2. 521 Unstarred 16.09.2020 Supreme Court Bench in Appointt. 4 Chennai Division 3. 561 Unstarred 16.09.2020 Court cases involving NM 5-6 Government 4. 621 Unstarred 16.09.2020 Female Judges Appointt. 7-9 Division 5. 646 Unstarred 16.09.2020 Judicial Panels Justice.I 10 6. 687 Unstarred 16.09.2020 Fast Track Courts Justice.II 11

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GOVERNMENT OF MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOK SABHA UNSTARRED QUESTION NO. 472

TO BE ANSWERED ON WEDNESDAY, THE 16th SEPTEMBER, 2020 Legal Assistance

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

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

(a) the process of appointing lawyers to provide legal assistance to the people by the Government;

(b) the number of such Government appointed lawyers in the country at present;

(c) whether the posts of such Government lawyers are vacant or there is a requirement of more lawyers and if so, the details thereof;

(d) whether with a view to provide justice for all, Government intends to set up free legal advice centres in every district or tehsil; and

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

ANSWER

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

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

Regulations, 2010 provides for criteria and procedure for empanelment of

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

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

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

General [for the Supreme Court], Advocate General [for the High Court], 3

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

Monitoring and Mentoring Committee of the Institution.

(b) A total number of 56,402 lawyers have been empaneled in legal services

institutions at state & district level across the country for providing legal

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

(c)The panel lawyers are empanelled by the Legal Services Institutions as per the

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

the Legal Services Institutions.

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

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

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

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

National Legal Services Authority, Supreme Court Legal Services Committee in

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

Services Committees in all High Courts, 665 District Legal Services Authorities

and 2288 Taluk Legal Services Committees.

Around 23,000 Legal Services Clinics have also been set up in Jails, courts,

Juvenile Justice Boards (JJBs), community centres, villages/rural areas and

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

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GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 521

TO BE ANSWERED ON WEDNESDAY, THE 16.09.2020

Supreme Court Bench in Chennai

521. SHRI A.K.P. CHINRAJ: SHRI S. JAGATHRAKSHAKAN:

Wi" the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government has received any proposal from the Lawyers Association to open a Supreme Court branch/bench in Chennai, for the convenience of people of Southern States and to reduce time and money on litigations; (b) if so, the details thereof; and (c) the action taken by the Government on these requests?

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

(SHRI RAVI SHANKAR PRASAD)

(a) to (c): Representations have been received from time to time from various quarters for establishment of Benches of Supreme Court in various

parts of the country. The Law Commission, in its 229th Report had also suggested that a Constitutional Bench be set up at Delhi and four Cassation Benches be set up in the Northern region at Delhi, the Southern

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GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE ji-rJ\ DEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 561 TO BE ANSWERED ON WEDNESDAY, THE 16TH SEPTEMBER, 2020

COURT CASES INVOLVING GOVERNMENT

+ 561. SHRI VIJA Y KUMAR:

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

(a) whether the Government proposes to implement any alternative system to dispose off those cases out of the court wherein Government is also a party and if so, the details thereof; (b) whether the Government has assessed the number of such cases wherein Government is also a party; (c) if so, the number of such cases pending in the Subordinate Courts and Supreme Court as on date; and (d) the percentage of such cases out of the total number ofpending cases?

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

(a) : The Government has been in the forefront to promote alternative system to dispose off cases out of the court not only where the Government is a party but also between private parties. Legal framework for resolution of disputes through Alternative Dispute Resolution (ADR) has been provided under Section 89 CPC. Besides, the Arbitration and Conciliation Act 1996 recourse to ADR can be taken under Companies Act, 2013, Commercial Courts Act, 2015, Real Estate (Regulation and Development) Act, 2016, the Consumer Protection Act, 2019, to 6

name a few. By recourse to ADR mechanism provided under law, the parties can resolve their dispute outside the Courts.

As regards commercial disputes, where both parties are GovernmentlDepartment or where one party is GovernmentlDepartment and other is its instrumentalities (CPSEs/Boards/Authorities, etc.), the Department of Legal Affairs has issued a guideline namely, "Administrative Mechanism for Resolution of Disputes (AMRD)". The AMRD applies to any/all dispute(s), other than those related to taxation, between Central Government MinistrieslDepartments and other Ministries/ Departments/Organisation( s)/Subordinate/ Attached Offices/ Autonomous and Statutory Bodies, etc., under their administrative supervision! control.

(b): The Legal Information Management & Briefing System (LIMBS) Ver.2 has been developed by NIC. It is a web-based application for the monitoring of Court Cases wherein Union of India is a party. However, as LIMBS Ver.2 has been developed recently and is currently under updation, it is seen that as on 14.09.2020, 4.71 lakh court cases have been entered by the various MinistrieslDepartments of the Government of India.

(c): As on date, out of the cases entered by the user MinistrieslDepartments in LIMBS Ver.2, 89202 cases are pending in the Subordinate Courts and 15431 cases are pending in the Supreme Court.

(d): As per the data entered till date by the user MinistrieslDepartment in LIMBS Ver.2, the percentage of cases pending in the Subordinate Courts and Supreme Court to the total number of pending cases is 22.22%. *** 7

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 621

TO BE ANSWERED ON WEDNESDAY, THE 16.09.2020

FEMALE JUDGES

t621. SHRI NARANBHAI KACHHADIYA: SHRIMATI RATHVA GITABEN VAJESINGBHAI: SHRI JASWANT SINGH BHABHO'R: SHRI : SHRI PARBATBHAI SAVABHAI PATEL: SHRI PRADEEP KUMAR SINGH: SHRI : SHRI :

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

(a) the details of the number of women who are currently serving as a Judge in Supreme Court, High Courts and at the District level, State/UT -wise; (b) the tribunal-wise number of female judges appointed in tribunals established by the Union Government; (c) the district-wise number of female judges appointed in Subordinate Judiciary; (d) whether the Government has taken any steps to increase the representation of women in the judiciary and if so, the' details thereof; and (e) whether the Government would consider implementing reservations to increase the representation of women in the judiciary? 8

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

(SHRI RAVI SHANKAR PRASAD)

(a): As on 01.09.2020, there are 2 women Judges in Supreme Court and 78 women Judges in various High Courts. A Statement showing details of

Working Strength of Judges and number of women Judges in Supreme Court and High Courts is annexed.

(b): Details of female Judges in Tribunal are not Centrally maintained as they are being administered by different Ministries/Departments of the

Government.

(c): Information on female Judges in Subordinate Judiciary is also not centrally maintained as the subject matter falls within the domain of the High

Courts and the State Governments

(d) and (e) : Appointment of Judges of the High Court is made under Article

217 and 224 of the . These Articles do not provide for reservation for any caste or class of person including women. The

Government has, however, been requesting 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 Women.

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·.

Annexure Statement referred to ln reply to Part (a) of Lok Sabha Unstarred Question No. 621 for 16.09.2020regarding Female Judges.

( As on 01.09.2020)

SI. Name of the Sanctioned Number of Female No. Courts Strength of Judges Judges working

A Supreme Court 34 02 B High Court 1 Allahabad 160 06 2 37 04 3 Bombq 94 08 4 Calcutta 72 05 5 22 02 6 Delhi 60 08 7 Gauhati 24 01 8 52 04 9 13 01 10 Common High 17 01 Court for the UT of J&K and UT of Ladakh 11 25 01 12 62 05 13 47 05 14 53 03 15 Madras 75 09 16 05 00 17 04 00 18 Orissa 27 02 19 Patna 53 00 20 Punjab& 85 11 21 50 01 22 03 01 23 24 00 24 ,04 00 25 11 00 **** 10 •

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

LOKSABHA

UNSTARRED QUESTION NO. 646

TO BE ANSWERED ON WEDNESDAY, THE 16TH SEPTEMBER, 2020

Judicial Panels

646. SHRI UPENDRA SINGH RAWAT:

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

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

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

(SHRI RAVI SHANKAR PRASAD)

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

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

UNSTARRED QUESTION NO. 687

TO BE ANSWERED ON WEDNESDAY, THE 16th SEPTEMBER, 2020

Fast Track Courts

t687. SHRIMATI POONAMBEN MAADAM:

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

(a) whether fast track courts are functional in the State of the Gujarat; (b) if so, the names of districts where these courts are functioning along with the cases being adjudicated by them; and (c) the details of the cases taken and disposed off by these courts during the last three years?

ANSWER

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

(a) to(c): Setting up of subordinate courts including Fast Track Courts (FTCs) and its functioning comes within the domain of the State Governments in consultation with the respective High Courts. As per information obtained, as on 30th June, 2020, there were no functional Fast Track Courts in the State of Gujarat.

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