index [doj.gov.in] · new draft of memorandum of procedure, government took initiative to resume...

INDEX

S. No.

Question No. Question Type Date Subject Division

1. Question No. *1 Starred 16.11.2016 All India Judicial Service National Mission

2. Question No. *15 Starred 16.11.2016 Shortage of Judges National Mission

3. Question No. 11 Unstarred 16.11.2016 Extension of Retirement Age for Judges

Desk Side

4. Question No. 22 Unstarred 16.11.2016 Judicial Reforms National Mission

5. Question No. 33 Unstarred 16.11.2016 Free Legal Service by NALSA LAP

6. Question No. 145 Unstarred 16.11.2016 New Bench of Allahabad High Court

Desk Side

7. Question No. 1190 Unstarred 23.11.2016 Appointment/Vacancies of Judges

Desk Side

8. Question No. 1228 Unstarred 23.11.2016 Free Legal Aid Legal Aid to Poor

9. Question No. 1250 Unstarred 23.11.2016 Mobile Courts National Mission

10. Question No. 1270 Unstarred 23.11.2016 Use of Regional Languages in Courts

Justice-I

11. Question No. 1291 Unstarred 23.11.2016 Judges of Subordinate Courts National Mission

12. Question No. 1302 Unstarred 23.11.2016 Special Courts

Justice-II

13. Question No. *220 Starred 30.11.2016 Selection of Retired Judges National Mission

14. Question No. 2357 Unstarred 30.11.2016 Video Recording of Proceedings

eCourts

15. Question No. 2447 Unstarred 30.11.2016 Trial Proceedings National Mission

16. Question No. 2465 Unstarred 30.11.2016 National Mission for Justice Delivery and Legal Reforms

National Mission

17. Question No. 2502 Unstarred 30.11.2016 Complaints against Sitting Judges

Desk Side

18. Question No. 2505 Unstarred 30.11.2016 Morning/Evening Courts Justice-II

19. Question No. 2521 Unstarred 30.11.2016 Modernization of Courts eCourts

20. Question No. 303

Starred

07.12.2016 e-Courts eCourts

21. Question No. *312 Starred 07.12.2016 Pending Cases in States National Mission

22. Question No. 3488 Unstarred 07.12.2016 Training Judges on Juvenile Law

Justice-II

23. Question No. 3549

Unstarred 07.12.2016 Computerization of Courts eCourts

24. Question No. 3680 Unstarred 07.12.2016 Establishment of Green Courts

Desk Side

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

DEPARTMENT OF JUSTICE

LOK SABHA

STARRED QUESTION NO. *1

TO BE ANSWERED ON WEDNESDAY, 16TH NOVEMBER, 2016

All India Judicial Service

*1. SHRI SUSHIL KUMAR SINGH: SHRI SUMEDHANAND SARSWATI:

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

(a) whether suggestions have been received from various quarters for the creation of a new All India Judicial Service on the lines of the All India Services and if so, the details thereof;

(b) whether the Government has sought views of various State Governments in this regard and if so, the details in this regard;

(c) whether objections have been raised by States in regard to creation of such new sen(ice and if so, the details and reasons cited therein; and

(d) the likely benefits of the unified All India Judicial Service and the challenges being faced in its creation?

ANSWER

MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

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

' .

·.·.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) of LOK SABHA STARRED QUESTION NO. *1 FOR ANSWER ON 16TA NOVEMBER, 2016.

(a) to (d) : The creation of All India Judicial Service was recommended by Law Commission

of India in its 14th Report (1958). Later, Law Commission reiterated such recommendation in

7ih Report (1978) and 115th Report (1986). The Supreme Court of India in the matter of All

India Judges Association versus Union of India and others, recommended that Government

should examine the feasibility of implementing the recommendations of the Law Commission

for setting up of All India Judicial Service. The issue of creation of All India Judicial Service

was considered and recommended by the First National Judicial Pay Commission (FNJPC)

better known as Justice Shetty Commission.

A comprehensive proposal was formulated for the constitution of an All India Judicial

Service (AIJS) and the same was approved by the Committee of Secretaries in November,

2012. The proposal was included as an agenda item in the Conference of Chief Ministers

and Chief Justices of the High Courts held in April, 2013 and it was decided that issue needs

further deliberation and consideration. The views of the State Governments and High Courts

were sought on the proposal. There was divergence of. opinion among the State

Governments and among High Courts on constitution of All India Judicial Service. While

some State Governments and High Courts were not in favour of creation of All India Judicial

Service in some other cases the State Governments and High Courts wanted changes in the

proposal formulated by the Central Government.

Requirement of the knowledge of local language is one of the important factors

affecting creation of All India Judicial Service. It is apprehended that lack of knowledge of

local language will erode the judicial efficiency both in regard to understanding and

.evaluating the evidence as well as in pronouncing the judgment. The second apprehension

has been regarding the erosion of control of State High Courts over the district I subordinate

judiciary. The third apprehension is whether All lhdia Judicial Service based on direct

recruitment for twenty five percent posts of District Judges will have an all India character.

All India Judicial Service will help to strengthen the federal governance by not only

attracting some of the best talent in the country, but also by bringing to the States judicial

officers from other parts of the country having different cultural background and speaking

other language from that of the state of allotment. It will also facilitate inclusion in judiciary of

competent persons belonging to underprivileged and marginalised communities. By this,

greater. national integration will be promoted and knowledge of judicial administration from

other parts of the country will be shared. AIJS will enable better application of laws and

procedures across the country and the harmonized procedures would, in turn, help in

promoting better judicial governance.

However, keeping in view the divergence of opinion among the stakeholders on

constitution of All India Judicial Service, the Government has undertaken the consultative

process to arrive at a common ground.

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



LOK SABHA

STARRED QUESTION NO. t*15 '


Shortage of Judges

t*15. DR. RAVINDRA KUMAR RAY: SHRI BALABHADRA MAJHI:

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

{a) whether the delivery of speedy justice is being affected owing to the shortage of Judges· in the country and, if so, the details thereof along with the number of vacant posts of Judges in various courts;

{b) the number of pending cases in various courts in the country; • {c) whether the Government has prepared any action plan for speedy disposal of such · cases and if so, the modus operandi chalked out in this regard along with time

frame drawn for the purpose; (d) whether any time assessment has been made for disposal of all pending cases with

present manpower and if so, the details thereof; and (e) the measures taken by the Government to fill the vacant posts of judges including

women judges?

ANSWER

MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION .TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

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

I

· STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) of LOK SABHA STARRED .. QUESTION NO. *15 FOR ANSWER ON 16rA NOVEMBER, 2016.

(a) to (e) : Timely disposal of cases in courts depends on several factors which, inter-alia,

include availability of adequate number of judges, supporting court staff and physical

infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders

viz. bar, investigation agencies, witnesses and litigants and proper application of rules and

procedures.

The sanctioned strength of judges in the Supreme Court is 31 and 5 posts of judges

are vacant as on 10.11.2016. The sanctioned strengt1J.1'iudges in the High Courts has been

increased from 906 in June, 2014 to 1079 in November 2016. 442 posts of judges in the

High Courts are vacant as on 10.11.2016. The matters relating to sanctioned strength and

filling up of the vacancies of judges I judicial officers in District and Subordinate Courts fall

within the domain of State Governments and the High Courts. The sanctioned strength of

Judges I Judicial officers in District and Subordinate Courts stood at 21,320 as on

30.06.2016. Out of these 16,383 posts were filled up, leaving 4,937 vacancies, The Central

Government has been taking up the matter of increasing the sanctioned strength of judges I

judicial officers and filling up of vacancies in District and Subordinate Courts with the State

Governments and the High Courts from time to time.

As per information available, 61,436 cases were pending in the Supreme Court as on

31.10.2016. 38.70.lakh cases were pending in the High Courts and 2.70 crore cases were

pending in District and Subordinate Courts as on 31.12.2015. Disposal of cases in courts is

within the domain of judiciary. The Government has adopted a co-ordinated approach to

assist judiciary for phased liquidation of arrears and pendency in judicial systems, which,

inter-alia, involves better infrastructure for courts including computerisation, increase in

strength of judicial officers I judges, policy and legislative measures in the areas prone to

excessive litigation and emphasis on human resource development.

The Supreme Court in its Order dated 1•1 February, 2012 in the case of lmtiyaz Ahmed

versus State of Uttar Pradesh asked the Law Commission of India to evolve a method for

scientific assessment of the number of additional courts to clear the backlog of cases.

Pursuant to this Law Commission submitted its 2451h Report titled "Arrears and Backlog:

Creating Additional Judicial (wo)manpower". In this report, the Law Commission has

observed that filing of cases per capita varies substantially across geographic units as filings

are associated with economic and social conditions of the population. As such the Law

I

Commission did not consider the judge population ratio to be a scientific criteri.on for

determining the adequacy of the judge strength in the country. The Law Commission found

that in the absence of complete and scientific approach to data collection across various High

Courts in the country, the "Rate of Disposal" method to calculate the number of additional

judges required to clear the backlog of case as well as to ensure that new backlog is not

created, is more pragmatic and useful.

-"' ' In May, 2014, the Supreme Court asked the State Government and the High Courts to

file their response to the recommendations made by the Law Commission. In August 2014,

the Supreme Court asked the National Court Management System Committee (NCMS)

constituted by it in 2012 to examine the recommendatioi;is made by the Law Commission and

to furnish their recommendations in this regard. NCMS submitted its report to the Supreme

Court in March, 2016. It has,. inter-alia, observed that in the long term, the judge strength of

the subordinate courts will have to be assessed by a scientific method to determine the total

number of "Judicial Hours" required for disposing of the case load of each court. In the

interim, this Committee has proposed a "weighted" disposal approach ~disposal weighted by

the nature and complexity of cases in local conditions. The matter is sub-Judice before the

· Supreme Court.

The fresh appointments to the higher judiciary could not be made during the period

the constitutional validity of National Judicial Appointment Commission was sub-judice.

However, after pronouncement of the judgement of the Supreme Court, while working on the

new draft of Memorandum of Procedure, Government took initiative to resume the process of

appointments and during 2016, from 01.01.2016 to 10.11.2016, 4 Judges have been

appointed in the Supreme Court, 124 Additional Judges have been made Permanent and

105 fresh appointments of Judges have been made in various High Courts. The Government

has been requesting the Chief Justices of the High Courts to take into consideration suitable

candidates belonging to Scheduled Castes, Scheduled Tribes, Minorities and from women

while sending proposals for appointment of Judges.

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

{ '

( ' (/,,<! (J') (!



LOK SABHA UNSTARRED QUESTION N0.11

TO BE ANSWERED ON WEDNESDAY THE 16™ NOVEMBER, 2016.

Extension of Retirement Age for Judges .-.,:.JI!'

11. SHRI RAMSINH RATHW A :


(a) whether any proposal for extension of retirement age of High Court Judges is under

consideration of Govenunent;

(b) if so, the details thereof;

(c) whether Standing Committee on PPG and Law and Justice has recommended the

extension of the retirement age of High Court Judges from 62 to 65 years; and

(d) if so, the reaction of the Government in this regard?

ANSWER .,

MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND

INFORMATION TECHNOLOGY

(SHRI P.P. CHAUDHARY)

(a) to (d) : The Constitution (One Hundred and Fomteenth Amendment) Bill, 2010 which

provided for increasing the retirement age of High Court Judges from 62 years to 65 years was

introduced in the Lok Sabha on 25.08.2010. Thereafter, the Bill was referred to the

Parliamentary Standing Committee for examination and report, which recommended that the

proposed Bill in its present form should be passed without delay. The Bill could not be taken

up for consideration and passing in the Parliament and lapsed with the dissolution of the 1511'

Lok Sabha.



LOKSABHA, .· UNST ARRED QUESTION NO. t22

TO BE ANSWERED ON WEDNESDAY, THE 161H NOVEMBER, 2016

Judicial Reforms

t22. SHRIMATI KAMLA DEVI PAATLE:

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

(a) whether the Government has any proposal for judicial reforms in the country and if so, the details thereof;

(b) the number of village courts to be established in the country during the last three years and the current year;

(c) whether all the village courts are functioning with the desired number of judges;

(d) If so, the details thereof and if not, the proposals of the Government In this regard; and

(e) the improvement noticed in the judicial system of the country after the. establishment of village courts?

ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND

INFORMATION TECHNOLOGY. (SHRI P.P. CHAUDHARY)

(a) to (e): Government has set up National Mission for Justice Delivery and Legal

Reforms with the twin objectives of increasing access by reducing delays and arrears in

the system and enhancing accountability through structural changes and by setting ·

performance standards and capacities. The Mission has been pursuing a co-ordinated

approach for phased liquidation of arrears and pendency in judicial administration

which, inter-alia, involves better infrastructure for courts including computerization,

increase in manpower strength of judiciary, suggesting policy and legislative measures

in the areas prone to excessive litigation, recommending re-engineering of court

procedure for quick disposal of cases and emphasis on human resource development.

Subordinate Courts including Gram Nyayalayas are set up by the State

Governments in consultation with the High Court C\:>ncerned. Section 3 of the Gram

Nyayalayas Act, 2008 provides for establJ~hmehf 'of Gram Nyayalayas. It is for the

State Government to appoint a Gram Nyayadhikari for every Gram Nyayalaya in

consultation with High Court in terms of the Section 5 of the Act.

As per information available, 291 Gr~m Nyayalayas have been notified by 10

States, out of these, 175 are operational. Year-wise and State-wise details of Gram

Nyayalayas notified during last three years and current year are given below.

SI. No. Name of State 2013 2014 2015 2016 1 Maharashtra 1 8 4 -2 Odis ha 2 - - -3 Puniab 2 - -- -4 Harvana 2 ..... - . ._.-. - - -5 Uttar Pradesh - 12 - 92

Majority of States have now set up regular courts at Taluka level. Further,

reluctance of police officials and other State functionaries to invoke jurisdiction of Gram

Nyayalayas, lukewarm response of the Bar, non-availability of notaries and stamp

vendors, problem of concurrent jurisdiction of regular courts are other issues indicated

by the States which are coming in the way of operationalization of the Gram

Nyayalayas.

The issues relating to implementation of Gram Nyayalayas Scheme in the States

were discussed in the Conference of Chief Ministers of States and Chief Justices of

High Courts on ih April, 2013 wherein it was decided that the State Governments and

High Courts should be left to decide the question of establishment of Gram Nyayalayas,

wherever feasible, taking into account their local problems. The focus is, therefore, on

setting up Gram Nyayalayas where regular courts have not been set up.

***********



****"'* LOK SABHA

UNSTARRED QUESTION NO. 33

TOBEANSWEREDONWEDNSDAY, THE 16THNOVEMBER, 2016

Free Legal Service by NALSA

33. SHRI G.M. SIDDESHW ARA:


(a) the number of people provided free legal services by National Legal Services Authority (NALSA) or State and District Authorities, State-wise and year-wise;

(b) the number of people who applied for free legal services by NALSA/State Authority/District Authority over the same period;

( c) the process of identifying eligible persons for providing free legal aid by the Government; and

( d) the details of any other measures taken by Government to ensure that each accused person has competent legal representation? ·

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHRI P.P,CHAUDHARY)

(a) & (b) A statement showing State/UT-wise and year-wise total number of eligible

persons provided free legal services during the last three calendar years and the current

year 2016 (upto 31.03.2016) is at Annexure-A.

(c) In tenns of Section 12 of the Legal Services Authorities Act, 1987, the following persons

are entitled to free legal services irrespective of their economic or social status:

(a) a member of a Scheduled Caste or Scheduled Tribes; ·

(b) a victim of trafficking in human beings or begar as referred to in article 23 of

the Constitution;

(c) a woman or a child;

(d) a person with disability as defined in clause (i) of section 2 of the Persons with

Disabilities (Equal Opportunities, Protection of Rights and Full Participation)

Act, 1995 (1 of 1996);

( e) a person under circumstances of undeserved want such as being a victim of a

mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or

industrial disaster; or

(f) . an industrial workman; or

(g) in custody, including custody in a protective home within the meaning of clause

(g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or a in a Juvenile

home within the meaning of clause 0) of section 2 of the ~Jfve~ile Justice Act,

1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home

within the meaning of clause (g) of section 2 of the Mental Health Act, 1987 ( 14

of 1987);

(h) a person in receipt of annual income less than rupees one lakh (in some States

Rs. 50,000/-) if the case is before a court other than the Supreme Comt, and less

than Rs. 1,25,000/-, if the case is before the Supreme Court.

(d) All the eligible persons are provided free legal services through competent panel

Advocates under the NALSA (Free and Competent Legal' Services) Regulations, 2010.

For the purpose, in every State, a State Legal Services Authority (SLSA) 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 provide free legal services to the eligible

people.

Further, District Legal Services Authorities have appointed Advocates to represent the

persons produced in custody in all Courts of Magistrates. During trial, it is the duty of

the trial Court to ensure that no accused person whether in custody or on bail remains

uurepresented by counsel. All accused in custody and those on bail who do not have a

counsel are referred to the concerned Legal Services Institution for appointment of a

counsel at State expense.

l /

Annexure -'A'

statement as 'referred to In Reply to Part (a) & (b) of the Lok Sabha unstarred Question No. 33 for 16.11.2016 regarding free legal services by NALSA. .

state/UT-wise and Year-wise number of ellglble persons provided Free Legal Services during the last three calendar years and the current year 20.16 (Based on the Information made available by state · ·. Legal Services Authorities (SLSAsJ. .

S.No Name of the State 2013 2014 2015 2016 (upto Authorltv March, 2016) ·

1 Andhra Pradesh 4,536 4,123 3,674 883 2 Arunachal Pradesh 23 57 155 92

3 Assam 21,911 2,313 1.156 220 .

4 Blhar 1,911 694 • 2,517 . 2,086

5 Chhattlsgarh 62,548 49,230 43,410 11,098

6 Goa 812 1,034 1,060 307

7 Gularat 8,050 10,173 12,004 3,296

8 Harvana 7.191 8,954 9,380 2,390

9 Hlmachal Pradesh . 1,359 1,551 1,655 395

10 Jammu & Kashmir 1,120 4,927 2,288 453

11 Jharkhand 1,576 3,445 4748 1119

12 Karnataka 4,044 3,128 3,247 893

13 Kera la 8,802 11,754 14,933 2,587

14 Madhva Pradesh 45,645 23,606 49,305 8,990

15 Maharashtra 7,30,307 2,90,010 7,075 1,944 16. Manlour 16 67 81 31

17 Meahalava 561 1,064 2,156 748

18 Mlzoram 2,782 6,331 4,101 1,169

19 Naaaland 1.579 2,523 4,091 262

20 Odlsha 4;422 3,960 3,321 802

21 PunJab 11,397 14,203 . 11,653 3,457

22 Ralasthan 5,860 6,748 7,247 1,997 23 Sikkim 685 848 1,016 283

24. Tamil Nadu 15,08,166 15,94,777 59,692 15,614

25 Tefanc:iana * 1,508 2,012 387

/

. 26 Trioura 1,475 2,154 2,179 610

27 Uttar Pradesh . . 2,541 1,736 1,283 7,781 28 Uttarakhand 598 730 1,098 228

29 West Benaal 5,706 . 7,310 14,398 4,958

30. A&N Islands 97 45 . 67 -31 U.T. Chandiaarh 721 963 1,223 321

32 Dadra and Naaar Haveli 2 961 1,168 7 33 Daman and Dlu 245 200 - .16

34 Deihl 31,681 43,869 32,175 7,360

35 Lakshadweep - - - -,

36 Puducheerv 4,665 2,196 728 401

24,83,034 21,07,192 3,06,296 83,185

Note * Telangana came into being in June 2014.




TO BE ANSWERED ON WEDNESDAY, THE 16T11 NOVEMBER, 2016 .

New Bench of Allahabad High Com·t

145. SHRIHARIOMPANDAY:


(a) whether the Ministry has proposed to 'Establish new bench of Allahabad High Courts in near future;

(b) if so, the details thereof; and

( c) if not, the reasons therefor 7

ANSWER




(a) to (c): In accordance with the recommendations made by the Jaswant Singh

Commission and judgment pronounced by the Apex Court in W.P.(C) No. 379 of 2000,

Bench( es) of the High Court are established after due consideration of a complete

proposal from the State Govermnent incorporating readiness to provide infrastrncture and

meet the expenditure, along with the consent of the Cliief Justice of the concerned High .

Court who is authorized to look after the day to day administration of the High Cou1t and

its Bench. The proposal should also have the consent of the Governor of the concerned

State.

No proposal has been received from the State Government of Uttar Pradesh to

establish a Bench of Allahabad High Court.


DEPARTMENT qF JUSTICE

LOKSABHA UNSTARRED QUESTION N0.1190

TO BE ANSWERED ON WEDNESDAY, THE 23.11.2016

AppointmentNacancies of Judges

1190. SHRI D.K. SURESH: SHRI KAL YAN BANERJEE: SHRl SHIVKUMAR UDASI:


(a) whether the apex court sttuck down the National Judicial Appointments Commission and upheld the exclusive authority of the collegium system to select higher judiciary candidates;

(b) if so, the detail thereof;

(c) whether all five rnling judges found faults with the said collegium system and if so, the detai.ls thereof;

( d) whether the Government is taking any measures to put a better mechanism in place including initiatives to ensure merit and transparency for such selection of judges and if so, the details in this regard; and · ·

(e) whether recommendation for appointment of judges is pending before the Government and if so, the details and the response of the Government thereto?

ANSWER MINISTER OF ST ATE FOR LAW AND JUSTICE AND ELECTRONICS AND

INFORMATION TECHNOLOGY (SHRI P.P. CHAUDHARY)

(a) : Yes, Madam.

Contd ..... . 21-

-2-

(b): The Collegium system of appointment of Judges of the Supreme Court and High Courts ceased to exist consequent upon the coming into force of the Constitution(Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f 13.04.2015. The Supreme Court pronounced its judgement on 16.10.2015 and declared both the Acts as unconstitutional and void. The Collegium system as existing prior to the enforcement of the Constitution (Ninety-Ninth Amendment) Act, 2014 was declared to be operative. ·

(c) to (e): The Judgement was pronounced by a 5-Judge Bench having a majority of 4-1. While pronouncing the majority view, ce11ain judges among them have expressed reservations on functioning of"Collegium System" for appointment of Judges to High Courts and Supreme court.The Supreme Comt pronounced its Order on improvement in the "Collegium System" on 16.12.2015. Vide this order they have decided that the Government of India may finalize the existing Memorandum of Procedure(MoP) by supplementing it in consultation with the Supreme Com1 Collegium. The Supreme Court has indicated broad categories under which existing MoP can be supplemented such as eligibility criteria. transparency in the appointment process, Secretariat and complaints etc. The Government of India after due deliberations, proposed changes in the draft MoP's which were sent to the Hon 'ble Chief Justice of India vi de letter dated 22.3.2016.

The response of the Chief Justice of India was received on 25.5.2016 and 01.07.2016. The Supreme Com1 Collegium has agreed with some of the suggestions made in the revised MoP while it has not accepted some other provisions. The views of Government were conveyed to the Chief Justice oflndia on 3.8.2016.

Filling of vacancies of Judges in the Supreme Court and High Courts is a continuoµs and collaborative process of the Judiciary and Executive. As the process of finalization of the revised MoP was likely to take some time, on the initiative of the

Government of India the matter was taken up with the. Supreme Court and the process of appointment of Judges has been resumed, pending finalization of the revised MoP.

During the current year,. as on 21.11.2016, 124 Additional Judges have been made pemrnnent and 120 fresh appointments of Judges have been made in the High Courts.

Out of 77 proposals submitted by Supreme Court Collegium(SCC), the Government has appointed .34 Judges in various High Com1s and sent the names of 43 recommendees to the sec for reconsideration. sec reiterated the names of 3 7 recommendees; the proposal of 3 recommendees has been deferred and the proposal of 3 recommendees are with sec.

* * *


DEPARTMENT OF .JUSTICE

****** LOK SABHA


· TO BE ANSWERED ON WEDNESDAY THE 23'ct NOVEMBER, 2016 . '

Free Legal Ai.d

1228. SHRI FEROZE V ARUN GANDHI: SHRI KUNDARIYA MOHAN BHAI

KALY ANJI BHAI:


(a) whether the Union Government has taken cognizance of a report titled "The State of the Indian Judiciary" released this year that has found that only three percent of litigants opt for free legal aid;

(b) if so, the details and the reasons therefor;

( c) the steps taken by the Government to remedy the situation;

(d)the details of litigants availing legal aid services, State and court-wise; and

.(e) if not, the reasons therefor of not taking cognizance of the report?


INFORMATION TECHNOLOGY (SHRlP.P.CHAUDHARY).

. . (a) & (b) Yes Ma'am. According to the report, only 2.36 percent of all litigants

were seen to be using court appointed lawyers. This conclusion has been

reached after interviewing only 9329 litigants. However, all litigants eligible

for free legal aid services under the Legal Services Authorities Act, 1987 have a choice to apply for free legal aid or to appoint their own lawyer. As per

information available with National Legal Services Authority (NALSA) more

than 3 lakh persons were provided free legal services during the year 2015-16.

Total number of persons who benefitted from legal services and advice since

the coming into force of the Act is about 1.82 crore.

( c) to ( e) Legal Services Authorities Act, 1987 has set up legal services

institutions at all levels i.e. National, State, District and Taluk for providing legal services. Section 12 of the Act mandates free legal services which includes providing advocate and preparation of paper book, etc to eligible

persons.

National Legal Services Authority has framed the National Legal

Services Authority (Free and Competent Legal Services) Regulations, 2010 to ensure quality legal services and to monitor the progress of the free legal aided cases filed in the courts. Each legal services institution except at the National

and State level has enlisted 'panel lawyers' and 'retainer lawyers' for providing legal services to the eligible applicants.

The following other steps have been taken by the National Legal Services Authority to ensure that the said free legal aid is made available to the eligible people in the country;

1. Front offices have been . opened and are manned by the panel advocates in the legal services institutions all over the country for

assistance of the needy persons.

11. Legal Services Clinics have been established m schools/colleges/universities, villages, community centres, jails,

comts etc., usually manned by panel lawyers, para-legal volunteers.

iii. Most of SLSAs have appointed remand advocates in comt to represent all the persons produced in custody who do not have their

own lawyer at the time of remand.

A statement containing information on the number of persons provided

free legal services state-wise during financial year 2015-16 is attached (Annexure A). Another statement containing information on the different

categories of persons, state-wise, who have benefitted through legal services and advice since inception of the Legal Services Authorities Act, 1987 is attached (Annexure B).

******

I ,.

Annexure-A

Statement as referred to in Parts (a) & (b) of the LokSabha Unstarred Qn. No. 1228 for 23.11.2016 raised by Shri Feroze Varun Gandhi and Shrl Kuhdarlya Mohan Bhal Kalyanjl Bhal regarding free legal aid.

Statement showing the number of persons provided tree legal services under the Legal Services Authorities Act, 1987 during the financial year 2015-16. (Based on the Information made available by

State Legal Services Authorities)

S.No Name of the State Authority 2015-16

1 Andhra Pradesh 3,526

2 Arunachal Pradesh 228

3 Assam 1,083

4 Bihar 4,257

5 Chhattisgarh 39,829 ~·

6 Goa 1,055

7 Gujarat 12,817

8 Haryana 9,641 f---

9 Himachal Pradesh 1,611

10 Jammu & Kashmir 1,605

11 Jharkhand 4,335

12 Karnataka 3,246

13 Kerala 14,242

14 Madhya Pradesh 48,711'

15 Maharashtra 7,225

. 16 Manipur 107

17 Meghalaya 2,342

18 Mizoram 4,237

19 Nagaland 3,981

20 Odisha 3,270

21 Punjab 12,090

22 Rajasthan 6, 112

23 Sikkim 1,091

24 Tamil Nadu 59,633

25 Telangana 1,772

26 Tripura 2,180

27 · Uttar Pradesh 8,774

28 Uttarakhand 1, 112

29 West Bengal ' 16,727

30 Andaman and Nicobar Islands . 57

31 U.T. Chandigarh 1,226

32 Dadra and Nagar Haveli 1,004

33 Daman and Diu 16

34 Delhi 31,535

35 Lakshadweep Not available

36 Puducheery 993 Grand Total 3,11,670

.

Annexure-B Statement as referred to in PARTS (a) & (b) of thelokSabha Unstarred Qn. No. 1228 for 23.11.2016 raised by Shri Feroze Varun Gandhi and Shri Kundariya Mohan Bhai Kalyanji Bhai regarding free legal aid. Statement showing the number of persons benefitted through legal services and advice held by state legal services authorities under legal services authorities act, 1987, since inception (as on 30.09.2016).

S.No State SC ST BC Women Children In custody. General Total

1 Andhra Pradesh 7,332 5,768 10,105 13,982 1,687 11,214 32,051 82,139

2 Arunachal Pradesh · 172 1,500 78 444 5 92 1,568 3,859

3 Assam . 38,278 28,521 8,350 25,591 1,409 988 1,23,673 2,26,810

4 Bihar 5,279 1,476 9,144 7,470 2,711 2,438 18,909 47,427

5 Chhattisgarh 52,580 63,776 54,313 40,402 8,597 38,363 38,959 2,96,990

6 Goa 84 36 315 2,636 91 3,973 1,928 9,063

7 Gujarat 17,023 8,993 1,953 34,691 594 .15,116 49,190 1,27,560

8 Haryana 39,668 109 1,240 13,317 613 . 44,026 15,652 1,14,625

9 Himachal Pradesh 1,402 197 140 7,188 165 388 5,710 15, 190

10 Jammu & Kashmir 2,041 515 1,292 18, 138 803 363 12.886 36,038

11 Jharkhand 1,924 3,039 3,863 4,279 461 4,998. 3,928 22,492

12 Karnataka 9,534 2,064 19,938 15,318 178 239 89,605 1,36,876

13 Kera la 2,726 654 3,596 18,790 979 24,766 1,66,057 2,17.568

14 Madhya Pradesh 3, 19,582 2,72,968 2,30,016 1,06,406 11,887 67,227 6,84,955 16,93,041

15 Maharashtra 50,039 36,306 23,501 1,02,250 2,399 29,487 37,01,542 39,45,524

16 Manipur 3 33 30 171 16 41 2,363 2,657

17 Meghalaya 369 1,561 66 226 1,899 1,538 192 5,851

18 Mizoram 244 35,242 2,581 5,210 568 5,126 6,503 55,474

19 Nagaland '1,136 6,893 2,136 2,741 872 2,432 589 1u,799

20 Odisha 32,841 22,214 1,905 37,852 618 4,768 39,997 1,40,195

21 Punjab 11,485 588 4,992 1.8,039 921 45,794 31,363 1,13,182

22 Rajasthan 20,459 28,665 9,417 18,235 811 25,214 26, 119 1,28,920

23 Sikkim 176 609 49 2,611 291 3,614 864 8,214

24 Tamil Nadu 2,00,504 24,954 2,78,312 4,31,964 3,778 37,839 45,74,989 55,52,340

25 Telangana 149 71 106 1,174 307 1,132 968 3,907

26 Tripura 692 528. 138 6,840 434 2,811 4,323 15,766

27 Uttar Pradesh 7,94,952 1,02,345 6,30,007 3,78,067 1,40,828 16,923 25,50, 117 46,13,239

28 Uttarakhand 3, 132 1,625 443 3,844 1,852 1,973 19, 126 31,995

29 West Bengal 8,703 4,057 4,247 28,784 1,595 21,229 24,580 93, 195 Andaman and - - - 211 - 1,269 404 1,884

30 Nicobar Islands I 31 U .T. Chandigarh 914 10 57 1,737 254 6,219 792 9,983

Dadra and Nagar - 6 1 483 185 45 1.442 2, 162 32 Haveli

33 Daman & Diu 1 2 4 72 120 56 214 469

34 Delhi 6,776 340 368 64,410 8,509 1,27,477 1,09,684 3,17,564

35 lakshadweep - 2 - - - 1 2 5

36 Puducheery 22,296 37 16, 178 22,204 4,646 1,047 6,494 72,902

TOTAL: 16,52,496 6,55,704 13,18,881 14,35,777 2,01,083 5,50,226 123,47,738 181,61,905


DEP,l),RTMENT OF JUSTICE

LOKSABHA .. UNST ARRED QUESTION NO. t1250

TO BE ANSWERED ON WEDNESDAY, THE 23RD NOVEMBER, 2016

Mobile Courts

t1250. SHRI LAXMAN GILUWA: SHRI RAM TAHAL CHOUDHARY:


(a) whether the Government has taken any steps to introduce mobile courts in the backward areas of Jharkhand;

(b) if so, the details in this regard and the places where such courts have been introduced; and .

(c) if not, the corrective measures taken in this regard?


INFORMATION TECHNOLOGY (SHRI P. P. CHAUDHARY)

(a) to (c): The primary responsibility for establishment of subordinate courts in the

States, rests with the respective State Government.. The Central Government provides

financial assistance to State Governments for setting up Gram Nyayalayas which may

hold mobile court outside their headquarters in terms of the provisions contained in the

Gram Nyayalayas Act, 2008.

As per the information available, the State Government of Jharkhand has notified

Gram Nyayalaya at following places:

S. No. Name of the Block Name of District

1. Madhupur Deoghar

2. Mandar Ranchi

3. Baharagora East Singhbhum

4. Bundu Ranchi

5. Jarmundi Dumka

6. Jhumri Tilaiya Koderma

The issues relating to implementation of Gram Nyayalayas Scheme in the States

were discussed in the Conference of Chief Ministers of States and Chief Justices of

High Courts on 7'h April, 2013 wherein it was decided that the State Governments and

High Courts should be left to decide the question of establishment of Gram Nyayalayas,

wherever feasible, taking into account their local problems. The focus is, therefore, on

setting up Gram Nyayalayas where regular courts have not been set up.

***********





Use of Regional Languages in Courts

1270. SHRIMATI JAYSHREEBEN PATEL:

SHRI RA VNEET SINGH:


(a) the number of operational division benches in the High Courts in the country;

(b) the pending demand for establishment of Division Benches, Statecwise;

( c) the details of those High Courts where hearing is allowed in regional languages;

( d) whether the Government are mulling about hearirig to be allowed in regional languages in comis and has received proposals from the State Governments in this regard; and

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

ANSWER




(a) & (b) : Setting up of division benches in the High Courts are within the administrative control of the Chief Justices of the High Comis. The Government has no control over the administrative functioning of the High Court. As such, no information is maintained by the Central Government in this regard.

...2/-

-2-

(c) : Use of Regional Languages has, so far, not been allowed in the hearings of the High Courts. However, use of Hindi has been authorized in the proceedings in the High Courts of the States of Rajasthan, Madhya Pradesh, Uttar Pradesh and Bihar.

. (d) & (e): Based on requests from the State Govermnent ofTmnil Nadu, Gujarat, Kmnataka and Chhattisgarh the Govermnent sought the advice of the Chief Justice of India as per a decision of Cabinet taken in 1965. However, Hon'ble the Chief Justice of India vide his d.o. letter dated 18.01.2016 has conveyed that the Full Court, after extensive deliberations disapproved the proposals and reiterated the Resolution which was adopted on 07.05.1997, on 15.10.1999 and on 11.10.2012.

***




TO BE ANSWERED ON WEDNESDAY, THE 23RD NOVEMBER, 2016

Judges of Subordinate Courts

1291. SHRI MD. BADARUDDOZA KHAN:

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

(a) the details of the sanctioned strength of judges at Subordinate Courts across the country and their vacant posts as on date;

(b) the steps being taken by the Government to fill the vacant posts; and (c) whether the number of rooms available vis·a·vis the number of judges in the

Subordinate Courts across the country are not adequate and if so, the corrective steps being taken thereon? ·


INFORMATION TECHNOLOGY (SHRI P. P, CHAUDHARY)

(a) to (c): The matters relating to sanctioned strength and filling up of the vacancies of

judges I judicial officers in District and Subordinate Courts fall within the domain of State

Governments and the High Courts. The sanctioned strength of Judges I Judicial

officers in District and Subordinate Courts stood at 21,320 as on 30.06.2016. Out of

these 16,383 posts were filled up, leaving 4,937 vacancies. The Central Government

has been taking up the matter of filling up of vacancies in District and Subordinate

Courts with the State Governments and the High Courts from time to time. Supreme

Court is monitoring the recruitment of Subordinate Judiciary in the case of Malik Mazhar

Sultan & Another versus U.P. Public Service Commission & Others.

The primary responsibility for development of infrastructural facilities for judiciary

. in the States rests with the State Governments. However, in order to augment the

resources of the State Governments, a Centrally Sponsored Scheme (CSS) for

development of infrastructure facilities for judiciary has been in operation since 1993-94.

It now covers the construction of court buildings and residential accommodation of

judicial officers of District and Subordinate Courts .

. As per information collected from High Courts as of December 31, 2015, there

were 16,513 court halls I court rooms available for District and Subordinate Courts in

the country. In addition, 2,447 court halls I court rooms were under construction.

Comparing these figures with the working strength of 16,070 judges I judicial officers

reported by High Courts as of December, 2015, adequate court rooms I court halls were

available for the working strength of judicial manpower. Focus is now to match the

availability of court rooms I court halls with the sanctioned strength of judicial officers I

judges in District and Subordinate Courts. During the Joint Conference of the Chief

Ministers of the States and the Chief Justices .of the High Courts held, on April 5, 2015, it

was resolved that the Chief Justices and the Chief Ministers shall institute a mechanism

for regular interaction among themselves to resolve issues, particularly those relating to

infrastructure and manpower needs and facilities for the Judiciary.

***********

GOVERNMENT 011' INDIA MINISTRY OJI' LAW & JUSTICE (DEPARTMENT 011' JUSTICE)

LOK SABHA UNSTARRED QUESTION NO. 1302 ·

TO BE ANSWERED ON WEDNESDAY, THE 23no NOVEMBER, 2016

Special Courts

1302 . DR. PRABHAS KUMAR SINGH:

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

(a) whether the Government has been able to create/establish special courts for adjudicating atrocities relating to SCs/STs pursuant to the Amendment to SC, ST Prevent of Atrocities, Act, 2016;

(b)

(c)

if so, the details thereof and the number Of such established in Odisha so far; and the targets Of the Government for establishing such throughout the country?

ANSWER

MINISTER 011' STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHIU P.P. CHAUDHARY)

courts

courts

(a): In accordance with Section 14 of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) {PoA} Amendment Act, 2015, the State Government with the concurrence of the Chief Justice

of the High Court, shall establish an Exclusive Special Court for one or more Districts. The Act further empowers the State Government to specify for each district, a Cou.rt of Session to be a Special Court for the purpose hf Districts where less number of cases under this Act is

recorded. (b): The Government of Odisha has established 3 Exclusive Special

Courts and designated 92 other subordinate courts to adjudicate such

cases.

(c): ·Establishment of Special Court falls within tile domain of tile State Government who in consultation with tile High Court set MP such Courts as

per their requirement from their own resources.


DEPARTMENT OF·JUSTICE

LOK SABHA

STARRED QUESTION NO. *220


Selection of Retired Judges

*220. ADV. JOICE GEORGE: SHRIMATI REKHA VERMA:


(a) the status of pending cases in Supreme Court, High Court and Subordinate courts; (b) whether the Government is contemplating to appoint judges on contract basis to

expedite the process of providing justice in the country and if so, the details thereof;

(c) whether the Government proposes to avail the services of retired judges to dispose of pending cases in various courts and if so, the details thereof along with criteria followed for selection of retired judges and their salary structure, etc.; and

(d) the time by which these selections are likely to be completed?

ANSWER

MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHR! RAVI SHANKAR PRASAD)

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

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (ct) of LOK SABHA STARRED QUESTION NO. *220 FOR ANSlllJER ON 30m NOVEMBER, 2016.

(a) to (cl) : The data on penclency of cases is maintained by Supreme Court and High Courts.

As per the information available, 61,700 matters were pending in the Supreme Court as on

23.11.2016. As per information furnished by High Courts, 38.70 lakh cases were pending in

the High Courts, and 2. 70 crore cases were pending in District and Subordinate Courts as on

31.12.2015.

Additional and Acting Judges in High Courts are appointed under Article 224(1) of the

Constitution for a period not exceeding two years to look after any temporary business of

High Courts or arrears of work in various High Courts.

The provision of appointment of retired Judges as sitting Judges of the High Courts

and their allowances is under Article 224-A of the Constitution. Article 128 mentions the

provision of attendance of retired Judges at sittings of Supreme Court and their allowances.

Total 18 proposals have been received from the High Courts of Telengana and Anclhra

Pradesh, Madhya Pradesh, Allahabad and Calcutta for appointment of retired Judges at

sittings of the High Courts under Article 224A of the Constitution. The filling up of vacancies

in the High Courts is a continuous and collaborative process of Judiciary and Executive,

.involving various Constitutional Authorities. The process of app_ointment of retired Judges in

\he Supreme Court and High Courts are prescribed in the Memorandum of Procedure (MoP)

for Appointment of Judges of the Supreme Court and Memorandum of Procedure (MoP) for

Appointment of Judges of the High Courts, respectively. Time line of appointment is also

prescribed in the MoP.

The subject matter relating to filling up of vacancies in the District and Subordinate

Courts falls with the domain of the High Courts and the State Governments concerned. The

Central Government has no role in appointment of Subordinate Judicia1y.

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


(DEPARTMENT OF JUSTICE)

LOK SABHA UNSTARRED QUESTION No. 2357

TO BE ANSWERED ON WEDNESDAY, THE 30TH NOVEMBER, 2016

Video Recording of Proceedings

2357. SHR1 R. DHRUVA NARAYANA:

'Will the Minister of LA 'WAND JUSTICE be pleased to state:

a) whether the Government has considered implementing audio/video recording of proceedings in all courts of the country;

b) if so, the details thereof and the reasons therefor; c) whether such a recording is the fundamental right of a citizen and denying the same

breaches Article 21 of the Constitution as right to information forms an integral part of right to life;

d) if so, the details thereof;

e) the circumstances under which such recordings are permissible; and f) whether the Government has received petitions regarding the same and if so, the details

of the response of the Government to such petitions?

MINISTER OF STATE FOR LA'vV AND JUSTICE AND ELECTRONICS AND INFORL\1ATION TECHNOLOGY

(SHRI P.P.CHAUDHARY)

(a) to(f) The Government has been receiving suggestions for the implementation of audi0-video recording of court proceedings. The issue has also been discussed in the meetings of Advisory Council of National Mission for Justic<;) Delivery and Legal · Refo1ms. In the meeting of eCommittee of the Supreme Court of India held on 81

h

January, 2014, Hon'ble the Chief Justice of India advised deferment of audio-video recording of court proceedings as this would require consultations with Hon'ble Judges of Supreme Court and High Courts. The matter was taken up with Hon'ble Chief Justice of India. The Supreme Court had decided to take up the matter in full court where consensus on the same could not be reached.

Order XVIII Rule 4(3) of the Code of Civil Procedure enables a court to record evidence either in writing or mechanically in the presence of the Judge. Similarly, Sections 161(3), 164 and 275 of the Code of Criminal Procedure permit recording of evidence of certain witnesses by audio video electronic means. For example, the Delhi High Court has issued Video-Conferencing guidelines for the conduct of Court Proceedings between courts and remote sites.

***



LOK SABHA UNSTARRED QUESTION NO. 2447


• Trial Proceedings

2447. SHRI HUKUM SINGH:


(a) whether as per a study in most of the High Courts in India, especially Rajasthan, Gujarat and Odisha, the trial proceedings had been stayed by superior courts in more than 15,3000 civil and criminal cases;

(b) if so, the details thereof, State-wise, year-wise for the last three years; (c) whether the Government has set up a body to monitor the Annual Reports

published by the High Courts to ascertain the accuracy and complete picture of the cases filed by the concerned High Courts and if so, the details thereof; and

(d) whether it is a fact that the average life of a case in High Courts and Supreme Court in India are 10-15 years and the delay in trial is upto more than 6 years and if so, the details thereof and the reasons therefor?


INFORMATION TECHNOLOGY (SHRI P. P. CHAUDHARY)

(a) to (d): The High Courts have inherent powers to make such orders as may be necessary including stay orders for meeting the ends of justice or to prevent abuse of the proceedings of the courts both in Civil and Criminal cases. The details of the dayto-day proceedings of the courts are not maintained by the Government. ' A brief outline for Annual Reports of the High Courts was prepared and sent to the High Courts in October, 2015 for appropriate consideration. This outline inter-alia included information on number of cases in which trial proceedings have been stayed by Superior Courts in various categories of Civil and Criminal cases and average time for which such trial proceedings remain stayed in the life cycle of a case.

As per the information available in the Annual Reports of the High Courts for the year 2015, following number of Civil and Criminal Cases were stayed by the Superior Courts of Rajasthan, Gujarat and Orissa.

Sr. Name of High ' Number of Civil Number of Criminal No. Court Cases staved Cases staved 1. Raiasthan 4365 . 1250 2. Gujarat 1661 444 3. Orissa 4889 2520

The data relating to average life of a case in the High Courts and the Supreme Court in India is not being maintained centrally. No body has been set up by the Government to monitor the Annual Reports published by the High Courts.

'/ ! ;



LOK SABHA UNSTARRED QUESTION NO. 2465


National Mission for Justice Delivery and Legal Reforms

2465. SHRI RATTAN LAL KATARIA:


(a) whether Advisory Council Meeting of national mission for Justice Delivery and Legal Reforms has been held;

(b) the details thereof along with the discussion on pending cases in the meeting; (c) the factors which contributed to delay In disposal of cases; and (d) whether lack of court management system and frequent adjournments are

also responsible for pending of cases and if so, the corrective action being taken in this regard?


INFORMATION TECHNOLOGY (SHRI P. P. CHAUDHARY}

(a) to (d): The tenth meeting of the Advisory Council of National Mission for Justice

Delivery and Legal Reforms was held on 181h October, 2016, The agenda for the

meeting Included discussion on reforms in criminal justice system, manpower planning

for subordinate judiciary, streamlining of court processes and judicial database for policy

formulation,

There are several factors which may lead to delay in disposal of cases. These,

. inter-a/ia, include vacancies of judges, frequent adjournments, number of revisions I

appeals, lack of court and cases management and adequate arrangement to monitor,

track and bunch cases for hearing.

The Government has adopted a co-ordinated approach to assist judiciary for

phased liquidation of arrears and pendency in judicial systems, which, inter-alia,

Involves better infrastructure for courts including computerisation, increase in strength of

' >

judicial officers I judges, policy. and legislative measures in the areas prone to excessive

litigation and emphasis on tidman resource development. .•'. .

********":''*

GOVERNMENT OR INDIA MINISTRY OF LAW AND JUSTICE




Complaints against Sitting Judges

2502. SHRI RAM CHARITRA NISHAD:


(a) whether the Government has proposed a secretariat of retired judges to deal with complaints against sitting judges of the supreme comi and high courts;

(b) if so, the details thereof;

( c) whether the consideration of complaints against sitting judges will continue to be a sh·ictly in house process within the judiciary; and

( d) if so, the details thereof?

ANSWER

Ministe1· of State for Law and Justice and Electronics and Information Technology.


(a): No, Madam.

(b ): Does not arise.

(c) & (d): The complaints against sitting Judges are being considered as per existing "inhouse mechanism" for dealing with the complaints against the higher judiciary. As per the"in-house mechanism", the Chief Justice of India is competent to receive complaints against the conduct of the Judges of the Supreme Comt and the Chief Justices of the High Courts. Similarly, the Chief Justices of the High Cou11s are competent to receive complaints against the conduct of the judges of the High Coutts. The complaints received by the Government are being forwarded to the Supreme Court or the concerned High Court, as the case may be, for action as deemed appropriate.

GOVERNMENT Of INDIA

MINISTRY Of LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 30'" NOVEMBER, 2016

Morning/Evening Cot1rts

-j.-2505. SHRI LAXMAN GILUWA:

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

(a)· whether the working hours have been increased through morning

shift/evening shift/innings courts for the speedy disposal of pending cases as

per Thirteenth Finance Commission recommendations;

(b) if so, whether the courts are facing a lot of difficulties in the above mentioned system;

(c) if so, the details of these problems;

(d) the effective steps taken by the Government to remove these problems; and

(e) the reasons for not considering the option of cutting the summer

vacations in the courts to increase the working hours?

ANSWER MINISTER Of STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY


(a) to (e): The duration of working hours/vacations in the Morning/Evening Court is

regulated by the Rules/Procedures framed by the concerned High Court. After the

conclusion of the tenure of the 13'" finance Commission all such Courts have been dist::ontinued in all the States except in Andhra Pradesh, Delhi, Telangana and Tamil

Nadu. In the Joint Conference of Chief Ministers of States and Chief Justices of

High Courts held on 24'" April, 2016 it was resolved that Morning/Evening Courts

could be manned by retired judges before 10 A.M. and after 4 P.M. They could utilise

the existing judici~I infrastructure like court room, clerk, and furniture.

The duration of summer vacation including working hours and other holidays in the

Supreme Court, High Courts and other lower Courts are governed by the

Rules/Procedures framed by the Supreme Court and the concerned High Courts.



I.OK SABHA UNSTARRED QUESTION No. 2521

TO BE ANSWERED ON WEDNESDAY, THE30™NOVEMBER, 2016

2521.

Modernisation of Courts

SHRIMATI SANTOSH AHl.AWAT KUNWAR BHARATENDRA DR. HEENA VIJAYKUMAR GAVIT DR. BOORA NARSAIAH GOUD SHIU RAJENDRA AGRAWAL DR.J.JAYAVARDHAN

Will the Minister of I.AW AND JUSTICE be pleased to state:

a) the present status of modernisation and digitisation of courts

undertaken by the Government;

I:!) whether the Government has issued or proposes to issue

unique identification number to judges of district and

subordinatecourts across the country;

c) if so, the details thereof and the reasons therefor;

d) whether digital signatures have also been provided to most

judges in the distri"t and subordinate judiciary and if so, the

details thereof; and

e) the other steps taken by the Government to bring more

transparency in the judicial system of the country?

ANSWER MINISTER OF STATE FOR I.AW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(Shri P.P. CHAUDHARY)

(a) The eCourts Mission Mode Project broadly coverscomputerisation of district and subordinate courts in the country. The national e-Courts portal (http://www.ecourts.gov.in) has been made operational. It provides online services such as case registration, cause lists, case status, daily orders and final judgements. As per the information available on the National

Page 1of2

Jud!cial Data Grid, there are 16,901 computerised courts in the country as on 24th Nov, 2016. Currently litigants can access case status information in respect of over 7 crore pending and decided cases and more than 3 crore orders/judgements pertaining to these computerised district and subordinate courts.

(b) and (c) Yes, Sir. Under the eCourts Mission Mode Project, unique identification codes have been allotted to Judicial Officers of the country. This is assisting the High Courts in maintaining an accurate record of all judicial officers.

(d) Yes, Sir. The Government has issued Digital Signatures to Judicial Officers in Phase-I of the eCourts Mission Mode Project. This enables them to issue certified e-documents to lawyers and litigants.

(e)The Government has been using technology extensively in making the justice delivery system across the country more transparent, accessible and affordable. Availability of case data online imparts transparency to the functioning of courts and facilitates easy access of such data to lawyers and litigants. Thus, ICT enabl(flment of courts increases efficiency of justice delivery system through organised and easy access to case information, and transparency is the eventual outcome.

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