REPORT NO. 101 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ONE HUNDRED FIRST REPORT on Demands for Grants (2020-2021) of the Ministry of Law and Justice (Presented to the Rajya Sabha on 6th March, 2020) (Laid on the Table of Lok Sabha on 6th March, 2020) ON PERSONNEL PUBLIC GRIEVANCES LAW AND JUSTICE Rajya Sabha Secretariat, New Delhi March, 2020 / Phalguna 1941 (Saka) E-mail: [email protected] Website: http://rajyasabha.nic.in CS (P & L) - ….. PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE ONE HUNDRED FIRST REPORT on Demands for Grants (2020-2021) of the Ministry of Law and Justice (Presented to the Rajya Sabha on 6th March, 2020) (Laid on the Table of Lok Sabha on 6th March, 2020) Rajya Sabha Secretariat, New Delhi March, 2020 / Phalguna 1941 (Saka) C O N T E N T S PAGES 1. COMPOSITION OF THE COMMITTEE (i) 2. INTRODUCTION (ii - iii) 3. ACRONYMS (iv-v) 4. REPORT CHAPTER - I 1-6 BRIEF OVERVIEW OF THE MINISTRY CHAPTER – II 7-23 OVERVIEW OF THE BUDGETARY ALLOCATIONS (DEMAND NOs: 64, 65 and 66) CHAPTER – III 24-43 DEPARTMENT OF JUSTICE Vacancies in Courts Pendency in Courts Fast Track Courts and Fast Track Special Courts Centrally Sponsored Scheme for Development of Infrastructure Facilities for the Judiciary e-Court Mission Mode Project (MMP)-Phase-II Gram Nyayalayas National Legal Services Authority (NALSA) Enforcement of Contracts Supreme Court of India CHAPTER – IV 44-54 DEPARTMENT OF LEGAL AFFAIRS Streamlining of Appointment Procedure and Filling up of Vacancies of Notaries Appointment of Law Officers Bar Council of India Litigation Policy and Expenses Income Tax Appellate Tribunal (ITAT) Indian Law Institute CHAPTER – V 55-63 LEGISLATIVE DEPARTMENT Pre and Post Legislative Scrutiny of Laws Seeding of Aadhar with Electors’ Photo Identity Card (EPIC) Paperless Election for Local Bodies One Nation One Electoral Roll Systematic Voters’ Education and Electoral Participation Programme (SVEEP) 5. RECOMMENDATIONS/OBSERVATIONS AT A GLANCE 64-77 * 6. RELEVANT MINUTES OF THE MEETINGS OF THE COMMITTEE 7. ANNEXURES 78-81 ________________________ *to be appended at printing stage DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE (Re-constituted on 13th September, 2019) 1. Shri Bhupender Yadav Chairman RAJYA SABHA 2. Shri Naresh Gujral 3. Shri Prabhat Jha 4. Shri Majeed Memon 5. Shri Sukhendu Sekhar Ray 6. Shri Shiv Pratap Shukla 7. Shri Vivek K. Tankha 8. Shri P. Wilson 9. Vacant 10. Vacant LOK SABHA 11. Shri Pradan Baruah 12. Shri Pradeep Kumar Chaudhary 13. Shri Vinod Lakhamshi Chavda 14. Shri Mohanbhai Sanjibhai Delkar 15. Shri P. P. Mohammed Faizal 16. Shri Jasbir Singh Gill 17. Shri Chowdhury Mohan Jatua 18. Shri Suresh Kumar Kashyap 19. Shri Mohammad Akbar Lone 20. Shri Jyotirmay Singh Mahato 21. Shri B. Manickam Tagore 22. Shri Malook Nagar 23. Shri Chirag Paswan 24. Shri Suresh Pujari 25. Shri A. Raja 26. Shri Omprakash Bhupalsinh Rajenimbalkar alias Pawan 27. Shri Upendra Singh Rawat 28. Shrimati Sandhya Ray 29. Shri Kuldeep Rai Sharma 30. Shri Mahendra Singh Solanky 31. Vacant SECRETARIAT Dr. P.P.K. Ramacharyulu, Secretary Shri A.A. Rao, Additional Secretary Shri Pradeep Chaturvedi, Joint Secretary Shri Mahesh Tiwari, Director Shri Ashok K. Sahoo, Addl. Director Shri Goutam Kumar, Deputy Secretary Shri Anurag Ranjan, Under Secretary Shri Amin Ansari, Assistant Research Officer (i) INTRODUCTION I, the Chairman of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, having been authorised by the Committee to submit the Report on its behalf, do hereby present this One Hundred First Report on Demands for Grants 2020-21 pertaining to the Ministry of Law and Justice. 2. In accordance with the constitutional requirement under Article 113, the estimated expenditure of Ministries/Departments of Government of India projected under various Demands for Grants for the upcoming financial year need to be voted by Parliament. As a sequel thereto, Demands for Grants of the relevant Ministries/Departments stand referred to concerned Department-related Parliamentary Standing Committee to make a close scrutiny thereof under Rule 270 of Rules of Procedure and Conduct of Business in the Council of States. While making scrutiny of Demands for Grants, the Committee has made an appraisal of performance, programmes, policies of the Ministry of Law and Justice vis-à-vis expenditure made out of Consolidated Fund of India in the current Financial Year. 3. In the Report, scrutiny of Demand Nos. 64, 65 and 66 pertaining to the Ministry of Law and Justice, Election Commission of India (ECI) and Supreme Court of India (SCI), respectively, for the Financial Year 2020-21 has been made by the Committee. 4. During the course of examination of the above Demands, the Committee heard the views of the Secretary, Department of Legal Affairs; Secretary, Legislative Department; Secretary, Department of Justice; Secretary General, Election Commission of India; the Registrars, Supreme Court of India; Director, Indian Law Institute; Vice-President, Income Tax Appellate Tribunal, Member-Secretary, National Legal Services Authority and Director, National Judicial Academy in its sittings held on the 19th and 20th February, 2020. 5. The Committee, while making its observations/recommendations, has mainly relied upon the following:- (i) Presentations made by the respective Secretaries of the three Departments of the Ministry; (ii) Presentations made by the senior Officers of Organizations under administrative control of the Ministry; (iii) Detailed Demands for Grants of the Ministry, Election Commission of India and Supreme Court of India for the Financial Year 2020-21; (iv) Detailed Explanatory Notes on the Demands for Grants 2020-21 received from the Ministry, Election Commission of India and Supreme Court of India; (v) Annual Report of the Ministry for the Year 2019-20 and the latest available Annual Reports of the attached Offices of the Ministry; (vi) Written replies furnished by the Ministry and Organizations/Offices of the Ministry to the Questionnaires sent by the Committee Secretariat; (vii) Outcome Budget, 2020-21, (Ministry of Finance) (viii) Expenditure Budget, 2020-21, (Ministry of Finance) (ix) Economic Survey (2018-19); (x) Economic Survey (2019-20); (xi) Prison Statistics India, 2018 (National Crime Records Bureau, Ministry of Home Affairs), New Delhi; (xii) 255th Report of the Law Commission of India on Electoral Reforms (2015) (ii) (xiii) Second Administrative Reforms Commission Report on Local Governance (2007); (xiv) India Justice Report (2019); (xv) World Justice Project: Rule of Law Index (2019), New York; (xvi) Ease of Doing Business (2020), of World Bank, Washington; and (xvii) Written clarifications to the points/issues raised by Members in the meeting of the Committee. 6. The Report is based on facts, figures and submissions (both oral and written) tendered by Department/Institutions under the Ministry, to the Committee. 7. The Committee considered and adopted the Report in its sitting held on the 4th March, 2020 and presented to both Houses of Parliament on 6th March, 2020. 8. For facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in the body of the Report. New Delhi, BHUPENDER YADAV 4th March, 2020 Chairman, Department-related Parliamentary Standing Committee on Personnel Public Grievances Law and Justice (iii) ACRONYMS ACI Arbitration Council of India AIJS All India Judicial Services AMF Assured Minimum Facilities BCI Bar Council of India BE Budget Estimates BSNL Bharat Sanchar Nigam Limited CEO Chief Electoral Officer CJI Chief Justice of India CPWD Central Public Works Department CSC Common Service Centre CSS Centrally Sponsored Scheme DEO District Election Officers DLSA District Legal Services Authority ECI Election Commission of India EODB Ease of Doing Business EPIC Electors’ Photo Identity Card ERO Electoral Registration Officer FTC Fast Track Court FTSC Fast Track Special Court EVM Electronic Voting Machine FY Financial Year ICT Information Communication Technology IIDEM International Institute for Democracy and Election Management ILDR Institute of Legislative Drafting and Research ILI Indian Law Institute IMMP Integrated Mission Mode Project ISRO Indian Space Research Organisation ITAT Income Tax Appellate Tribunal LADCS Legal Aid Defense Counsel System LIMBS Legal Information on Management and Briefing System MCC Model Code of Conduct MM Matadata Mitra MMP Mission Mode Project MOF Ministry of Finance NALSA National Legal Services Authority NB Nyaya Bandhu NBCC National Buildings Construction Corporation NCRB National Crime Records Bureau NDIAC New Delhi International Arbitration Centre NIC National Informatics Centre NITI National Institute for Transforming India NERPAP National Electoral Roll Purification and Authentication Programme (iv) NM Nyaya Mitra NJA National Judicial Academy NJDG National Judicial Data Grid NVSP National Voters Service Portal OLW Official Language Wing PLV Para Legal Volunteer POCSO Protection of Children from Sexual Offences RE Revised Estimates SCI Supreme Court of India SLSA State Legal Services Authority SOP Standard Operating Procedure SVEEP Systematic Voters Education and Electoral Participation UTRCs Under Trial Review Committee UNDP United Nations Development Programme VSP Vidhi Sahitya Prakashan