index [doj.gov.in]

INDEX

S. No.

Question No. Question Type

Date Subject Division

1. Question No.*43 Starred 20.11.2019 Pending Cases in Subordinate Courts National Mission

2. Question No.473 Unstarred 20.11.2019 High pendency of Court Cases National Mission

3. Question No.578 Unstarred 20.11.2019 Job Vacancy in High Courts Justice-I

4. Question No.579 Unstarred 20.11.2019 Pending Cases in Courts National Mission

5. Question No.580 Unstarred 20.11.2019 Judge Collegium Decision Desk Side

6. Question No.627 Unstarred 20.11.2019 Strength of Judges National Mission

7. Question No.657 Unstarred 20.11.2019 Setting up of High Court in Kurnool Desk Side

8. Question No.658 Unstarred 20.11.2019 Number of Judges Desk Side

9. Question No.670 Unstarred 20.11.2019 Lok Adalats Legal Aid to Poor

10.` Question No.686 Unstarred 20.11.2019 Lack of Infrastructure in Courts JR Section

GOVERNMENT-OF INDIAMINISTRY OF LAW AND J.USTICE

DEPARTMENT OF JUSTICE

LOKSABHA

STARRED QUESTION NO. *43

TO BE ANSWERED ON WEDNESDAY, 20th NOVEMBER, 2018.

Pending Cases in Subordinate Courts

*43. SHRI KUNWARDANISHALI:

Will the Minister of LAW ANDJUSTICE be pleased to state:

(a) whether more than seven million cases are pending in thesubordinate courts of Uttar Pradesh;

(b) if so, the details thereof and the reasons for such huge pendency;(c) whether poor infrastructure is one of the main reasons therefor

and if so, the details thereof along with the efforts made by theGovernment so far to improve the infrastructure of subordinatecourts in the State;

(d) the details of other measures proposed to be initiated by theGovernment to speed up disposal of cases in subordinate courtsin the country including Uttar Pradesh; and

(e) whether the Government is considering to agree to the just andold demand of a High Court bench in Uttar Pradesh and if so,the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS ANDELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

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

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (e) ofLOK SABRA STARRED QUESTION NO. *43 FOR ANSWER ON20THNOVEMBER, 2019.

(a) and (b): As per inforniation available on the National Judicial Data

Grid (as on 14thNovember, 2019), there are 75,01,283 cases pending in

the District and Subordinate Courts of Uttar Pradesh. The district-wise

number of cases pending in the State of Uttar Pradesh is given in the

Annexure.As regards reasons for pendency of cases in courts, it is stated that

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 to

monitor, track and bunch cases for hearing.

(c): It is the primary responsibility of the State Governments to provide

Judicial Infrastructure / Court Rooms for High Courts and District /

Subordinate Courts. To supplement these efforts, the Union Government

is implementing a Centrally Sponsored Scheme for Development of

Infrastructure Facilities for Judiciary by providing financial assistance to

State Governments / UTs in the prescribed fund sharing pattern between

Centre and States. The Scheme is being implemented since 1993-94. It

covers the construction of court halls and court complexes and residential

accommodations for Judicial Officers of District and Subordinate

Judiciary. In the case of Uttar Pradesh, a sum ofRs. 1101.60 crore has

been sanctioned till 15/11/19 since the inception of the Scheme, out of

which Rs. 550.31 crore has been sanctioned since 2014-15 (which is

around 50% of the total release under the Scheme). During the current

financial year 2019-20, a sum ofRs. 121.94 crore has been sanctioned to

the State of Uttar Pradesh. Under this scheme, in the State of Uttar

Pradesh, 2278 court halls and 1937 residential units have been made

available for Judicial Officers of District and Subordinate Courts as on

15/1 1'119against the working strength of '2012 Judicial Officers. In

addition, 332 court halls and 401 residential units are under constructionin Uttar Pradesh.

In respect of all States / UTs, a sum of Rs. 7453.10 crore has been

sanctioned till 15111119since the inception of the Scheme, out of which

Rs. 4008.80 crore has been sanctioned since 2014-15 (which is around

54% of the total release under the Scheme). During the current financial

year 2019-20, a sum of Rs. 702.86 crore, out of the allocated budget of

Rs. 710.00 crore, has already been sanctioned to States/UTs. Under this

scheme, 19,414 court halls and 17,103 residential units have been made

available for Judicial Officers of District and Subordinate Courts as on

15/11119 against the working strength of 17,342 Judicial Officers. In

.'addition, 2,822 court halls and 1,869 residential units are under

construction.

(d) The Government IS committed to speedy disposal of cases and

reduction in pendency of cases to improve access to justice in line with

the mandate under Article 39A of the Constitution. The Union

Government has taken several initiatives to provide an ecosystem for

faster disposal of cases by the judiciary. The National Mission for Justice

Delivery and Legal Reforms established in 2011 by the Government has

adopted a coordinated approach to effect for phased liquidation of arrears

and pendency at various levels of judicial administration through many

strategic initiatives, including improving infrastructure [court halls and

residential units] for Judicial Officers of District and Subordinate Courts,

leveraging Information and Communication Technology (lCT) for better

justice delivery, filling up of vacant positions of Judges in High Courts

and Supreme Court, reduction in pendency through follow up by Arrears

Committees at District, High Court and Supreme Court level, emphasis on

Alternate Dispute Resolution (ADR) and initiatives to fast track special

- -_. - -----_

type of cases. In addition, all stakeholders including Judicial Officers can

access information relating to judicial proceedings/decisions of

computerized District & Subordinate Courts and High Courts on the

National Judicial Data Grid (NJDG). Currently litigants can access case

status information in respect of over 12.23 crore pending and disposed

cases and more than 10.26 crore orders / judgments pertaining to these

computerized courts from NJDG. Also, Pending cases are considered and

disposed in Lok Adalats conducted under National Legal Services

Authority (NALSA). 172.60 lakh pending cases have been settled in

National Lok Adalat from 2015 till date while 88.40 lakh pending cases

have been settled in Regular Lok Adalats during 2015-16 to June, 2019.

(e): The High Court Benches are established 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 and after

receipt and due consideration of a complete proposal from the State

Government, which incorporates readiness to provide infrastructure and

meet the related expenditure, along with the consent of the Chief Justice

of the concerned High Court who is responsible for day to day

administration of the High Court and its Bench. The proposal should also

have the consent of the Governor of the concerned State. No proposal

(complete in all respects) has been received from the State Government of

Uttar Pradesh to establish a Bench of Allahabad High Court in Uttar

Pradesh.

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

®Annexure

Statement referred to Lok Sabha Starred Question No. *43 for replyon 20th November, 2019

District-wise number of cases pending in the State of Uttar Pradesh

S. No. State Pendency of cases1 Agra 2060692 Aligarh 1425043 Allahabad 2754044 Ambedkar Nagar 649445 Auraiya 476946 Azam_garh 1502247 Baghpat 459478. Bahraich 1205709 Ballia 9621310 BalramPur 5657811 Banda 5131912 Barabanki 8892713 Bareilly 16299914 Basti 7642115 Bhadohi SR Naga 4032516 Bijnor 9393617 Badaun 9999018 Bulandshahr 12607619 Chandouli 5588920 Chitrakoot 2013121 Deoria 12001522 Etah 6427823 Etawah 5339724 Faizabad 12057725 Farrukhabad 8103726 Fatehpur 8833127 Firozabad 11446628 Gautam Buddha Nagar 16326829 Ghaziabad 20512830 Ghazipur 10366831 Gonda 11239132 Gorakhpur 19570633 Hamirpur 2937934. Hapur 53068

--35 Hardoi 10236336 Hathras 4728937 Jalaun 5461238 Jaunpur 173406

39 Jhansi 8460440 Jyotiba Phule Nagar 5477441 Kannauj -5530042 Kanpur Dehat 9198943 Kanpur Nagar 27169644 Kanshi RamNagar 3838945 Kaushambi 6187646 Kushinagar 12923947 Lakhimpur 12350148 Lalitpur 4899649 Lucknow 32292650 Maharajganj 6920751 Mahoba 2186152 Mainpuri 6694253 Mathura 12276854 Mau 8823055 Meerut 19555156 Mirzapur 7830157 Moradabad 10115958 Muzaffamagar 11466059 Pilibhit 5926260 Pratapgarh 14560161 Raebareli 10860462 Rampur 5858563 Saharanpur 13061364 Sambhal at Chandausi 5916065 Santkabir Nagar 4853366 Shahjahanpur 9800767 Shamli 3536068 Shravasti 2729669 Siddharthnagar 6975870 Sitapur 13570371 Sonbhadra 5801972 Sultanpur 16321973 Unnao 9258774 Varanasi 164468

.Total 75,01,283

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

GOVERNMENT OF INOJAMINISTRY OF LAW & JUSTICEDEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 473TO BE ANSWERED ONWEDNESDAY, THE 20TH NOVEMBER, 2019.

High pendency of Court Cases

473. MS.DIYA KUMARI:MS.lOCKET CHATTERJEE:DR. NISHIKANT DUBEY:SHR.IPANKA.J CHi!.UDHARY:

~iII the Minister of LAW AND JUSTICE be pleased to state:

(a) the State-wise details of cases lying pending in various courts for more than10 years and the number of cases of serious nature out of them;

(b) the number of cases pending in the Supreme Court, High Courts and variousdistrict courts and Tribunals as on date along with the initiative taken by theGovernment to reduce the backlog in a time-bound manner;

(c) whether the Government is aware of the abysmally low ratio of courts vis-a-visthe population of the country and if so, the steps taken by the Government toincrease the ratio;

(d) whether the Government is considering to set up new High Courts in thecountry and if so, the details thereof;

(e) the quantum of amount spent by the Government for the legal aid to thecommon/poor people during the last three financial years; and

(0 the other steps taken by the Government to dispose of the cases lying pem:Hn~~in various courts in a time-bound manner?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTR()l\HCS ~~INFORMATION TECHNOLOGY


(a): As per data available on the National Judicial Data Grid (N..!DG), the Stak::-w;'jf::

details of cases pending for more than 10 years is given in the Annexure. N.JD(3 d;')E)S

not provide data regarding cases of serious nature separately.

(b): As per data available on the website of Supreme COLJrtand National judicial Data

Grid (NJDG), the total number of cases pending In various courts as on 14.11.19 is asunder:

Name of Court Pending Cases

Supreme Court (As on 01.11.2019) 59,867High Courts 144,76,625

1District and Subordinate Courts 3,14,53,555

Data relating to pending cases in Tribunals is not provided on NJDG. Further,

disposal of cases in courts is within the domain of judiciary. 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.

(c): Based on the population as per Census 2011 and as per information available

regarding sanctioned strength of Judges in Supreme Court, High Courts and District &

Subordinate Courts, the Judges per million population in India works out to be 20.39. In

pursuance of the directions of the Supreme Court in the case of Imtiyaz Ahmed versus

State of Uttar Pradesh and others, 2012, to evolve a method for scientific assessment of

the number of additional courts required to clear the backlog of cases, the Law

Commission of India, in its 245th report (2014), did not consider tile judge population

ratio to be a scientific criterion for determining the adequacy of the judge strength in the

country. Further, number of District and Subordinate Courts has increased from 195;18

in 201·4 to 23566 at present. As on 30.09.19, 704 Fast Track Courts are functional hi(

heinous crimes, crimes against women and children, family and matrimonial disputes,

etc. Further, Government has approved a scheme for setting Lip 1023 Fast Tf.1.ck

Special Courts across the country for expeditious disposal of pending 166882 casesunder Rape and POCSO Act.

(d): There is no proposal to establish new High Court in the country.

'.:;

(e): A sum of Rs. 390 crores has been released duringthe financial years 2017-18,2018-19 and 2019-20 (upto November) to National Legal services Authority (NALSA)

towards activities for providing legal aid to common/poor people in the country. NALSAhas set up legal services institutions at the level of Taluk Courts, District Courts and

States. Apart from these legal services institutions, High Court Legal Services

Committees are constituted at all High Courts and the Supreme Court Legal Services

Committee at the Supreme Court level to provide free legal services to the persons

eligible under Section 12 of the Legal Services Authorities Act. Free legal services

include payment of court fees, providing advocate and preparation of paper book. The

NALSA has notified National Legal Services Authority (Free and Competent Legal

Services) Regulations, 2010. The said Regulation provides entitlement to the poor and

weaker section of the society such as member-of SC/ST, women and children. Also,

pending cases are considered and disposed in Lok Adalats conducted under National

Legal Services Authority (NALSA). 172.60 lakh pending cases have been settled in

National Lok Adalat from 2015 till date while 88.40 lakh pending cases have been

settled in Regular Lok Adalats during 2015-16 to June, 2019.

(f): 'The Government is. committed to speedy disposal of cases and reduction in

pendency of cases to improve access to justice in line with the mandate of the

Preamble and Article 39A of the Constitution. The Government has taken several

initiatives to provide an ecosystem for faster disposal of cases by the judiciary. The

National Mission for Justice Delivery and Legal Reforms established in 2011 by the

Government has adopted a coordinated approach for phased liquidation of arrears and

pendency in judicial administration through various strategic initiatives, including

improving infrastructure [court halls and residential units} for Judicial Officers of District

and Subordinate Courts, leveraging Information and Communication Technology (lCT) .

for better justice delivery, filling up of vacant positions of Judges in High Courts andSupreme Court, reduction in pendency through follow up by Arrears Committees.

constituted at District, High Court and Supreme Court level, emphasis on Alternate

Dispute Resolution (ADR) and initiatives to fast track special type of cases.***************

Annexure

State-Wise details of Cases pending i~ District and Subordinate Courts as on 14.11.2019c. .~

" .,.'....SI.No Name of States/UTs Number of Cases pending in District and

Subordinate Courts More than 10 Years;(As On 14.11.2019)

1. A & Nisland 02. Andhra Pradesh 42133. Telangana

,\ 6828

4. Arunachal Pradesh ---_..5. Assam \ 28066. Bihar \ 377250\7. .Chandigarh 498.. Chhattisgarh 7749. 0& N Haveli 19810. Daman & Diu

.67

11: Delhi 486512. Goa 169813. Gujarat 17543914. Haryana 50115. Himachal Pradesh 73516. Jammu & Kashmir 400917. Jharkhand 1143318. Karnataka 3576119. Kerala 626420. Lakshadweep -------

21. Madhya Pradesh 1352622. Maharashtra 25009523. Manipur 258 -24. Meghalaya 75825. Mizoram 18

·26: Nagaland -------27. Orissa 17540928. Punjab 91829. Rajasthan 4843730. Sikkim 031. Tamil Nadu 3403732. Pondicherry -------33. Tripura 119634. Uttar Pradesh "' 94393535. Uttarakhand 279536. West Bengal 286443

Total 2390715

Source: NJDGWeb portal.Note:"Data on District and"Subordinate Courts in the States of Arunachal Pradesh, Nagaland, and UnionTerritories of Lakshadweep and Puducherry are not available on the web-portal of NJDG..

GOVERNMENT OF INDIAMINISTRY OF LAW AND JUSTICE


LOKSABHA

UNSTARRED QUESTION NO. 578·

TO BE ANSWERED ON WEDNESDAY, THE zo" NOVEMBER, 2019

Job Vacancy in High Courts

578. ADV. A.M. ARIFF:

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

(a) whether over 10,000 posts of LOA, Copyist, Typist, Law Clerks, Private

Secretary, Stenographer, Judicial Assistant, Research Assistant are vacant in

different High Courts of the country and if so, the details thereof;

(b) whether nearly 450 posts of Judges are still vacant cumulatively in the Supreme

Court and all 24 High Courts of the country thereto and if so, the details thereof

(c) whether in four High Courts, there are acting Chief Justices;

(d) if so, the details of category-wise vacancies and proposal to fill up all vacancies

in a time-bound mechanism; and

(e) the details of referral of Supreme Court Collegiums and State's

recommendations therein and action taken thereon?

ANSWER

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


(a): Information relating to vacancies in non-judicial staff in High Courts and

subordinate judiciary is not maintained in the Union Government as the matter comes

under the purview of the High Courts and respective State Governments.

®,-2-

(b): A statement showing vacancies of Judg'es in the Supreme Court of India and all

25 High courts as on 13.11.2019 is attached.

(c): Acting Chief Justices were functioning in the High Courts of Madras, Madhya

Pradesh, Jharkhand and Tripura, however, appointment of regular Chief Justices in

the above High Courts have been notified by the Government of India.

(d): Judges of the Supreme Court of India and High Courts are appointed as per the

procedure laid 'down in the Memorandum of Procedure (MoP) prepared in 1998

pursuant to the Supreme Court Judgment of October 6,1993 (Second Judges case)

read with their Advisory Opinion of October 28, 1998 (Third Judges case). Initiation of

proposal for appointment of Judges in the Supreme Court vests with the Chief Justice

of India, while initiation of proposal for appointment of Judges in the High Courts vests

with the Chief Justice of the concerned High Court.

Filling up of vacancies is a continuous process, as it requires consultation and

approval from various Constitutional Authorities. Hence, the time frame for filling up of

the vacancies cannot be indicated. While every .effort is made to fill up the existing

vacancies keep on arising on account of retirement, resignation or elevation of

Judges.

(e): At present, as on 13.11.2019, 248 names recommended by High Court

Collegiums for appointment as Judges of various High Courts, which are under

various stages of processing with the Government; as per the procedure prescribed in

the MoP.

.. -Annexure

Statement referred to in LokSabhaUnstarred Question QuestionNo. 578due for answer on 20.11.2019regarding 'JOB VACANCYINHIGHCOURTS'

(As on 13.11.2019)51. No. SUl!_remeCourt/High Courts VacanciesA Supreme Court 00B Nameof the High Court --1 Allahabad 602 Andhra Pradesh 223 Bombay 294 Calcutta 325 Chhattisgarh 076 Delhi 237 Gauhati 068 Gujarat 249 Himachal Pradesh 0310 Jammu & Kashmir 0811 Jharkhand 0712 Karnataka 2313 Kerala 1514 Madhya Pradesh 2215 Madras 2116 Manipur 0117 Meghalaya 0218 Orissa 1319 Patna 2620 Punjab& Haryana 3521 Rajasthan 2822 Sikkim 023 Telangana 1124 Tripura 0125 Uttarakhand 01

Total 420

GOVERNMENT OF INDIAMINISTRY OF LAW & JUSTICEDEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. t579

TO BE ANSWERED ONWEDNESDAY, THE 20TH NOVEMBER,2019.

Pending Cases in Courts

" t579. SHRI CHUNNI LAL SAHU:


(a) whether the Government has issued guidelines under the newpolicy for expeditious disposal of pending cases in courts ofthe country;

(b) if so, the details of the pending cases in Chhattisgarh andMadhya Pradesh during the last two years and the currentyear; and

(c) whether the reason behind the late disposal of the pendingcases is the dearth of judges and if so, the details thereof?

ANSWER



(a): No, sir. Disposal of pending cases in courts is within the domain of

judiciary.

(b): As per data available on the National Judicial Data Grid (NJDG),

cases pending in the States of Chhattisgarh and Madhya Pradesh

during the last two years and the current year is as under:

State Cases Cases Cases

Pending As Pending As Pending As

on on on

31.12.2017 10.12.2018 14.11.2019

Chhattisgarh 2,72,888 2,57}.82 2,75,552'" "

Madhya 13,25,053 13,70,355 14,20,515Pradesh

Further, the details of pending cases as on date in the States ofChhattisgarh and Madhya Pradesh is given in Annexure I & IIrespectively.

(c): 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 factsinvolved, nature of evidence, co-operation of stake holders viz. bar,

investigation agencies, witnesses and litigants and proper application

of rules and procedures.

***********

" \b.11.

Annexure-I

Details of Pending Cases in the State of Chhattisgarh (As on 14.11.2019)

District wise Total PendencyS. No. State of Chhattisgarh

1. Balod 37052. Balodabazar 102983. Balrampur Ramanujganj 48984. Bastar 52875. Bemetara 49646. Bilaspur 31652

7. Dantewada 18348. Dhamtari 55639. Durg 3839810. Janjgir 1199611. Jashpur 372712. Kanker 230613. Kawardha 479814. Kondagaon 126615. Korba 1309016. Koriya 813917. Mahasamund 1141718. Mungeli 558519. Raigarh 1874320. Raipur 52690

21. Rajnandgaon 1445622. Surajpur. 934323. Surguja 11397

Total 275552

, 1 ~ \~ArihekLire- II

Details of Pendi~g Casesin t~e State of Madhya P~adesh(As on 14.11.2019).:,:,l~)

,.

'- .-

-District wise Total PendencyS. No. State of Madhya Pradesh

1. Alirajpur 4614

2. Anuppur 10605

3. Ashoknagr 14341

4. Balaghat 17181

5. Barwani '9630

6. Betul 18990

7. Bhind 25927

8. Bhopal 92125

9. Burhanpur 8108

10. Chhatarpur 24274

11. Chhindwara 29084

12. Damoh 19693

13. Datia 12400

14. Dewas 29413

15. Dhar 32109

16. Dindori 7268

17. Guna 21181

18. Gwalior 62656

19. Harda 7060

20. Hoshangabad 20355

21. Indore 18490422. Jabalpur 99543

23. Jhabua 9295

24. Katni 2567225. Khandwa 1411826. Mandla 993827. Mandleshwar 1958428. Mandsaur 2967429. Morena 3631130. NC\rsjnghpur 1673931..Ne~m!Jch 15231

.3i pan,lla. 9190a3k' ~aisen -- 18836

li.~~A:ajgarh. - _- 23845. "

3tf':-Ratl~to --- .... - 30842o.:!!;.

._'_'. ,- -

3Er.·~'-.'Wf -.~. . ,- 62410w,,:·.·-."f.": .. ~: --

~1;<\ ;t.'I,t:. --" " -- -- -- 41397--.~,-'--'~i'I'" 1"-;;__" -- 'i" 43.62938.' .I "a',:>" -~. ......... - ,_ ~.- '-_._ :' • . ',. :':..,__~~'\. to

!~.;.. -"i"~~,,' -'- _;_J'.~

\?) •

39. Sehore 16932

40. Seoni. 20418:,,'

41. Shahdol' 2121442. Shajapur 22691

43. Sheopur 6833

44. Shivpuri 1966645. Sidhi 2205746. Singrauli 27606

47. Tikamgarh 2142748. Ujjain , 52160

49. Umaria 7066

50. Vidisha 24273Total 1420515

- - --------------

iiP--~ 1J))~ GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICEDEPARTMENT OF JUSTICE

LOKSABHAUNSTARRED QUESTION NO. 580

TO BE ANSWERED ON WEDNESDAY, THE 20.11.2019

Judge Collegium Decision

580. SHRI PRASUN BANERJEE:


a) whether the Government has any plan to make it mandatory for

judges to furnish reasons when they recuse from a case and if so,

the details thereof;

b) the average time taken by the Government to take a call on judge

collegiums decision; and

c) the details of number of such decisions that have been overturned

in the last 10 years?

MINISTER OF LAW AND JUSTICE, COMMUNICATIONSAND ELECTRONICS & INFORMATION TECHNOLOGY


(a) No, Sir. The Judiciary is an independent organ under the

Constitution of India. The matter of recusal of a Judge from a case comes

within the domain of Judiciary. The Government is committed to the

independence of Judiciary and does not intervene in such matters.

(b) and (c): Filling up of vacancies in the Supreme Court and High Courts is

a collaborative and integrated process, between the Executive and the

Judiciary. It requires consultation and approval from various Constitutional

Authorities both at the Centre and State. Hence total time taken in the. .

process of appointment cannot be indicated. Differencesof opinion, if any,are mutually reconciled by the Executive and the Judiciary to ensure thatonly the apposite person is appointed to the high Constitutional post ofJudge of the SupremeCourt and the HighCourts.

***

GOVERNMENTOF INDIAMINISTRY OF LAW & JUStiCEDEPARTMENT OF JUSTICE

LOKSABHA

. UNSTARRED QUESTION NO. 627TO BE ANSWERED ON WEDNESDAY, THE.20THNOVEMBER,

.. . 2019.

Strength of Judges

627. SHRI ANIL FIROJIYA: :

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

(a) the number of Judges per million population in india;(b) whether the apex court has suggested the number of Judges

per million population; and(c) if so, the details thereof and the steps being taken by the

Government for compliance of the order and mobilizing fundrequired for this purpose?

ANSWER



(a): Based on the population as per Census 2011 and as per

information available regarding sanctioned strength of Judges in

Supreme Court, High .Courts and District & Subordinate Courts, the

Judges per million population in India works out to be 20.39.

(b): In the case of Imtiyaz Ahmed versus State of Uttar Pradesh and

others, .2012, the Supreme Court had asked the Law Commission of

India to evolve a method for scientific assessment of the number of

additional courts required to clear the backlog of cases. In 245th report .

(2014), the Law Commission 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

2.\

Commission did not consider the judge population ratio to be a

scientific criterion for determining the adequacy of the judge strength in

the country. The Law Commission found that in the absence ofcomplete and scientific approach to data collection across various High

Courts in the country, the "Rate of Disposal" method, to calculate thenumber of additional judges required to clear the backlog of cases as

well as to ensure that new backlog is not created, is more pragmatic

and useful.

In August 2014, the Supreme Court asked the National Court

Management System Committee (NCMS Committee) to examine the

recommendations made by the Law Commission and to furnish its

recommendations in this regard. NCMS Committee submitted its report,to the Supreme Court in March, 2016. The report, inter-alia, observes

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, the Committee has proposed a "weighted"

disposal approach i.e. disposal weighted by the nature and complexity

of cases in local conditions.

(c): Does not arise in view of (b) above ..

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

//.

,/





Setting up of High Court in Kurnool

657. SHRI ADALA PRABHAKARA REDDY:


a) whether lawyers of Kurnool Bar Association are on protest for the

last 50 days demanding for setting up of a High Court in Kurnool;

b) if so, the details thereof; and

c) the steps taken by the Government to consider their demand

favourably and solve the problems of litigants?

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS ANDELECTRONICS & INFORMATION TECHNOLOGY'


(a) to (c): Yes, Sir. Lawyers are demanding setting up of High Court of

Andhra Pradesh at Kurnool.

Article 214 of the Constitution provides that there shall be a High

Court for each State. In pursuance of Article 214 of the Constitution and

order dated 29.10.2018 issued by Supreme Court in the matter of Union of

India Vs. T. Dhangopal Rao and ors [SLP (Civil) Dy. No. 29890 of 2018], a

separate High Court for State of Andhra Pradesh namely High Court of

\.__. --

Andhra Pradesh with principal seat at Amravati has been establishedunder Andhra Pradesh Reorganisation Act 2014 w.e.f. 01.01.2019 inconsultationwith State Government of Andhra Pradesh and the then HighCourt of Judicature at Hyderabad for the States of Telangana and AndhraPradesh. The matter of setting up and running of High Court is under thedomain of State Government.

***





Number of Judges

t658. SHRI VIJAY KUMAR:


a) the total number of judges in High Courts at present country-wide

along with category-wise number of judges belonging to scheduled

castes, scheduled tribes and backward classes among them;

b) the number of judges in Supreme Court and the proportionate

representation of the aforesaid categories among them;

c) the number of judges appointed from these categories as compared

to the total number of judges appointed since independence till date;

and

d) whether the Government proposes to make any concrete initiative to

ensure the proportionate representation of these categories in

judiciary keeping in view the basic principle of social justice and if so,

the details thereof?

"



(a) to (d): Statement showing sanctioned and working strength in the

Supreme Court and High Courts is attached at Annexure.

Appointment of Judges of the Supreme Court and. High Courts is

made under Articles 124 and 217 & 224 of the Constitution of India

respectively which do not provide for reservation for any caste or class of

persons. Hence no class/category wise data is maintained centrally.

However, the Government has 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 to ensure social diversity in appointment of Judges in High Courts ..***

.'

.'

AnnexureStatement referred to in reply to parts (a) to (d) of Unstarred Question No.

658 to be answered in Lok Sabha on 20.11.2019 regarding 'Number of Judges'by Shri Vijay Kumar.

Sl. No. Narne of the Court Sanctioned Strength Workin~ Strength

A.Supreme Court of 34 34,India

B. Hi~h Court1 Allahabad 160 1002 Andhra Pradesh 37 153 Bombay 94 654 Calcutta 72 405 Chhattisgarh 22 156 Delhi 60 377 Gauhati 24 188 Gujarat 52 289 Himachal Pradesh 13 1010 Jammu & Kashmir 17 0911 Iharkhand 25 1912 Kamataka 62 3913 Kerala 47 3314 Madhya Pradesh 53 3115 Madras 75 5416 Manipur 05 0417 Meghalaya 04 0318 Orissa 27 1419 Patna 53 2720 Punjab& Haryana 85 4921 Rajasthan 50 2222 Sikkim 03 0323 Telangana 24 1324 Tripura 04 0325 Uttarakhand 11 10

Total 1079 661

(As on 14.11.2019)

,I

-<


DEPARTMENT OF JUSTICE"~'******

LOKSABHA

UNSTARRED QUESTION NO. 670

TO BE ANSWERED ONWEDNESDAY, THE zo" NOVEMBER, 2019Lok Adalats

670. DR. SUBHASH RAMRAO BHAMRE:DR. AMOL RAMSING KOLHE:SHRI SUNIL DATTATRAY TATKARE:SHRI KULDEEP RAJSHARMA:SHRJMATISUPRJYASULE:SHRI A.K.P. CHINRAJ:


(a) the number of various Lok Adalats organized during each of the last three yearsand the current year in the country, especially in the States of Maharashtra andTamil Nadu;

(b) the number of cases disposed and number of cases pending in various LokAdalats during the said period;

(c) whether the Government has been able to achieve the target of disposal of casesfiled in various Lok Adalats and if so, the details thereof and if not, the correctiveaction taken in this regard;

(d) whether the Government has provided funds to State Legal Services Authoritiesto enhance legal aid to the marginalized sections and if so, the details thereof;and

(e) the other steps taken by the Government to organize such Adalats morefrequently to bring about the early disposal of pending cases?

ANSWER

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

(SHRI RAVISHANKAR PRASAD)

a)&(b) A statement showing number of various Lok Adalat held and cases disposed of

during the last three years and the current year all over the country and in the States of

Maharashtra and Tamil Nadu are given at Annexure-A.

(c) No specific target is fixed for referral or disposal of cases prior to organization of any

type of Lok Adalat. However, evaluation of data is done-to enhance the efficacy of Lok

Adalat mechanism and process intermittently to act as a good alternative dispute

resolution mechanism.

(d) Government has released the following funds as grant-in-aid to National Legal

Services Authority (NALSA) during the last three years and in current year for

implementing legal aid programmes through State Legal Services Authorities. Funds are

not allocated separately for any legal aid scheme.

(Rs. In Crore)Year Funds Released

2016-17 63.672017-18 100.002018-19 150.00

. -

2019-20 140.00Total 453.67

(e) The State Legal Services Authorities have been issued guidelines/directions by

NALSA vide National Legal Services Authority (Lok Adalat) Regulation, 2009 to organize

Lok Adalats in required numbers so that pendency of cases could be reduced. Permanent

Lok Adalats are also conducted for settlement of Public Utility Services matter at pre-

litigation stage.

*****

Annexure -A

Annexure as referred to in reply to Part (a) & (b) of Lok Sabha Unstarred QuestionNo. 670 for 20.11.2019 regd. Lok Adalats.

Details of Various Lok Adalats held and cases disposed of during last three years andthe current year all over the country and in the States of Maharashtra and Tamil Nadu.

Regular Lok Adalat:

State 2016-17 2017-18 2018-19 2019-20 (uptoJuneU_

Number Number Number Number Number Number Number Numberof Lok of cases of Lok of cases of Lok of cases of Lok of casesAdalat disposed Adalat disposed Adalat disposed Adalat disposedheld of held of held of held of

Total alloverthecountry. 119021 1724312 109695 1928682 116711 1046737 24267 128452Maharastra 829 143753 65 1117 47 798 20 327TamilNadu 2841 19182 3364 19024 3259 17144 493 2239

National Lok Adalat:

'The Number of cases disposed off by National Lok Adalats during last three years andthe current year (upto September, 2019):

State Year2016 2017 2018 2019

Total all over the country 10498424 5405867 5882561 3880833Maharashtra 420297 511349 808625 298299Tamil Nadu 566854 540718 475753 257120

Permanent Lok Adalat:

The Number of cases disposed off by Permanent Lok Adalats during last three yearsand the current year (upto August, 2019):

State Year2016-17 2017-18 2018-19 2019-20

Total all over the country 93555 124459 102625 42320Maharashtra 10546 10089 2981 1549Tamil Nadu 0 0 0 7

8\GOVERNMENT OF INDIA

MINISTRY OF LAW & JUSTICEDEPARTMENT OF JUSTICE

LOKSABHA

UNSTARRED QUESTION NO. 686

TO BE ANSWERED ON WEDNESDAY, THE 20TH NOVEMBER, 2019.

Lack of Infrastructure in Courts

686. SHRI SUDHAKAR TUKARAM SHRANGARE:SHRI RAVNEET SINGH BITTU:SHRI LAVU SRI KRISHNA DEVARAYALU:SHRI P.P. CHAUDHARY:MS. PRATIMA BHOUMIK:


(a) whether a large number of subordinate courts in various States includingMaharashtra and Rajasthan do not have sufficient infrastructure, includingsuitable court buildings/rooms and residential quarters;(b) if so, the details thereof, district and taluka-wise;(c) the amount of funds released under Central schemes for providingsufficient infrastructure in subordinate courts, State-wise;(d) whether there are any pending funds to be released to States under anyCentral schemes for infrastructure purposes in subordinate courts includingRajasthan, Tripura and Maharashtra State and if so, the details thereof; and(e) the details of constraints being faced by the Government to help StateGovernment in dealing with infrastructural challenges being faced by lowerjudiciary and the steps taken to address the same?

ANSWERMINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND

ELECTRONICS & INFORMATION TECHNOLOGY(SHRI RAVI SHANKAR PRASAD)

(a) & (b): As per the information provided by the High Courts, 19,414 court halls are

available for District and Subordinate Courts in the country for the working strength of

17,342 Judicial Officers. In addition, 2,822 court halls are under construction. 17,103

residential units are available for Judicial Officers of Subordinate Courts and 1,869

residential units are under construction. A statement showing State-wise number of

court halls, reSidential units available & under construction and number of working

strength of Judicial Officers in the country, including Maharashtra and Rajasthan, isgiven in Annexure I.

(c): A Centrally Sponsored Scheme for development of infrastructure facilities for

the judiciary is being implemented from 1993-94 under which financial assistance is

provided to State Governments/UTs for construction of court buildings and residentialunits of Judicial Officers of District and Subordinate Courts. A sum of Rs. 7453.10crore has been sanctionsn since the inception of the Scheme, of which Rs. 4008.80

crore has been sanctioned since 2014-15 which is around 54% of the total release

under the Scheme. A statement showing State-wise release of funds to States/UTsunder the Scheme is given in Annexure".

"

(d): Rs. 710.00 crore has been allocated under the Centrally Sponsored Scheme

for development of infrastructure facilities for the judiciary in the current financial year

2019-20, of which Rs. 702.86 crore has been released till 14.11.2019. Rs. 7.14 crore

has been withheld to be released to Jammu & Kashmir due to bifurcation of the State.

The statement shpwing State-wise release of funds to States/UTs given in AnnexureII also include funds released to Rajasthan, Tripura and Maharashtra.

(e): It is the primary responsibility of the State Governments to provide Judicial

Infrastructure for District and Subordinate Courts. in their respective States. The

aforesaid Centrally Sponsored Scheme is being implemented to augment the

resources of State Governments/UTs for construction of court buildings and residential

units of Judicial Officers of District and Subordinate Courts. Considerable proqress

has been made with regard to court buildings and residential units for judicial officers

in last five years. The number of court halls available has increased from 15,818 in

2014 to 19,414 in 2019 and number of residential units available has increased

from 10,211 in 2014 to 17,103 in 2019. Focus is now to match the number of

availability of court halls and residential units with 23,566 number of sanctionedstrength of Judicial Officers in District and Subordinate Courts.

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

..Annexure-b3

Statement referred 'to Lok Sabha Unstarred Question No. 686 for Reply on20.11.2019

Statement showing State-wise number of court halls, residential units available& under construction and number of working strength of Judicial Officers.

SI. No. State I UT Total Working Total Court Total Court Total TotalStrength Halls Halls Under Residential ResidentialConstruction Units Units Under

Construction1. Andaman andNicobar 12 17 a 10 22. Andhra Pradesh 530 602 50 604 113. Arunachal Pradesh 27 24 0 24 a4. Assam 388 371 67 294 315. Bihar 361 1485 159 1094 2806. Chand_igarh 29 31 a 30 07.Chhatti~arh 394 462 31 408 188.0& N Haveli 3 3 0 3 a9. Daman & Diu 4 5 a 5 a10. Delhi 680 529 90 350 7011. Goa 43 55 28 27 412. GlJjarat 1183 1501 165 1292 8413. Ha!}'_ana 479 551 81 499 10014. Himachal Pradesh 153 160 6 149 015. Jammu and Kashmir 232 202 35 123 3816. Jharkhand 463 601 61 567 6317. Karnataka 1104 1095 49 1110 1418. Kerala 461 510 37 476 a19. Lakshadwe~ 3 3 0 3 a20. Madt:!Y_aPradesh 1505 1445 406. 1459 23721. Maharashtra 1937 2257 322 2038 17322. Manipur 39 38 9 16 123. M~hal~a 49 53 . 35 23 3324. Mizoram 46 43 26 29 825. Ni!9_aland 27 37 a 39 226. Odisha 773 636 201 608 8527. Puducherry 11 29 7 23 628. Purjab 582 557 52 527 4829. R<&_asthan 1122 1152 210 1028 530. Sikkim 19 20 1 14 131. Tamil Nadu 1087 1095 116 1216 5532. Telaf'!9.ana 334 448 28 417 133. Trjeura 95 73 23 85 1334. Uttar Pradesh 2012 2278 332 1937 40135. Uttarakhand 227 228 72 185 1036. West Bel'l9al 928 818 123 391 75Total 17342 19414 2822 17103 1869

**********

Annexure-II

Statement referred to Lok Sabha Un-satarred Question No. 686 for Reply on20.11.2019

Statement showing State-wise release of funds under the Cent~a"y SponsoredScheme for development of infrastructure facilities for the judiciary.

JRs. in LakhsSI. No. State / UT Funds Sanctioned (1993-94 to 2019-20)

1. Andhra Pradesh 17994.452. Bihar 33725.723. Chhatti~garh 10132.074. Goa 1520.935. Gujarat 53415.426. Haryana . 18383.427. Himachal Pradesh4112.008. Jammu & Kashmir

19481.609. Jharkhand 18520.5210. Karnataka 66077.8511. Kerala 13251.3012. Mad~ya Pradesh 47745.0413. Maharashtra 68083.8614. Odisha 14843.2715. Punjab 51809.9216. Ralasthan 22672.5117. Tamil Nadu 23611.4618. Telengana 1565.0019. UUarakhand 13619.16:.~O. Uttar Pradesh 110160.5721. West Bel}g_al 20352.4622. Arunachal Pradesh. 5025.4423. Assam ,20134.3024. ManiQ_ur 7694.7125.. Meghal<!Y_a 11147.0026. Mizoram 6820.2927. Nagaland 11116.6428. Sikkim 5165.3929. Tr'iQ_ura 8435.45

30. A & N Islands 1486.2331. Chandigarh 3900.9532. Dadra & Nagar Haveli 706.2533. Daman & Diu 232.4334. Delhi 26106.4035. Lakshadweep 51.25315. Puduche~ 6239.56Total 745310.82**********

index [doj.gov.in]

Documents