index [doj.gov.in]doj.gov.in/sites/default/files/final ls-eng.pdfdisposed of within a period of six...

INDEX

S. No. Question No. Question

Type Date Subject Division

1. Question No. 510 Unstarred 19.07.2017 Regional Bench of Supreme Court

Desk Side

2. Question No. 561 Unstarred 19.07.2017 Videorecording of Court Proceedings

National Mission

3. Question No. 572 Unstarred 19.07.2017 Gram Nyayalayas National Mission

4. Question No.600 Unstarred 19.07.2017 Pending Cases National Mission

5. Question No. 601 Unstarred 19.07.2017 Wi-Fi in Courts eCourts

6. Question No. *154 Starred 26.07.2017 eCourt System eCourts

7. Question No. 1671 Unstarred 26.07.2017 Average Time taken for Disposal of cases

National Mission

8. Question No. 1680 Unstarred 26.07.2017 Separate High Court for Andhra Pradesh

Desk Side

9. Question No. 1705 Unstarred 26.07.2017 Recommendation regarding Medical Examination of Rape Victims

Justice-II

10. Question No. 1732 Unstarred 26.07.2017 POCSO Courts Justice-II

11. Question No. 1775 Unstarred 26.07.2017 Infrastructure in Judiciary National Mission

12. Question No. 1814 Unstarred 26.07.2017 Financial Assistance to Poor Legal Aid to Poor

13. Question No. 1826 Unstarred 26.07.2017 National Legal Services Authority

Legal Aid to Poor

14. Question No. *248 Starred 02.08.2017 Construction of Court Halls National Mission

15. Question No. 2797 Unstarred 02.08.2017 Conviction of a Sitting HC Judge Desk Side

16. Question No. 2806 Unstarred 02.08.2017 Pro Bono Legal Service LAP

17. Question No. 2833 Unstarred 02.08.2017 Family Courts Justice-II

18. Question No. 2841 Unstarred 02.08.2017 Shortage of Female Judge Desk Side

19. Question No. 2847 Unstarred 02.08.2017 Assignments for Judges Post Retirement

Justice-I

20. Question No. 2855 Unstarred 02.08.2017 Condition of Employees in Judiciary

Justice-I

21. Question No. 2859 Unstarred 02.08.2017 Evening Courts Justice-II

22. Question No. 2890 Unstarred 02.08.2017 Rate of Disposal of Cases National Mission

23. Question No. 2925 Unstarred 02.08.2017 Inconvenience to Common Man Justice-I

24. Question No. 2927 Unstarred 02.08.2017 All India Judicial Service National Mission

25. Question No. 2938 Unstarred 02.08.2017 Access to justice Project A2J Project

26. Question No. 335 Starred 09.08.2017 Common Service Centres JS(SCB)- UNDP/LAP/A2J side

27. Question No. 3700 Unstarred 09.08.2017 Mutual Legal Assistance Treaty JS(SCB)- UNDP/LAP/A2J side

28. Question No. 3739 Unstarred 09.08.2017 Accessibility of Legal Service LAP

29. Question No. 3774 Unstarred 09.08.2017 Single Window Service AU-II

30. Question No. 3826 Unstarred 09.08.2017 NJAC Desk Side

31. Question No. 3898 Unstarred 09.08.2017 Age of Superannuation of Judges

Desk Side

32. Question No. 3906 Unstarred 09.08.2017 SC/ST/OBC Judges Desk Side

LOK SABHA UNSTARRED QUESTION N0.510

TO BE ANSWERED ON WEDNESDAY, THE 19.07.2017

Regional Bcnch of Supreme Court

510. SHRI RAVINDRA KUMAR PANDEY:SHRI N1SHIKANT DUBEY:

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

(a) whether the Government has received any proposal from States to set up Supreme Court Benches across the country including Jharkhand; and

(b) if so, the details thereof and the action taken thereon, so far?

ANSWERMINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND

INFORMATION TECHNOLOGY

(SHRI P.P. CHAUDHARY)

( a ) : No, Madam.

(b ) : Does not arise.

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICEDEPARTMENT OF JUSTICE

GOVERNMENT OF INDIAMINISTRY OF LAW & JUSTICE

DEPARTMENT OF JUSTICE

LOK SABHA

UNSTARRED QUESTION NO. 561.

TO BE ANSWERED ON WEDNESDAY, THE 19™ JULY, 2017.

Videorecording of Court Proceedings

561. DR. UDIT RAJ:

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

(a) whether the Government proposes to ensure that all proceedings in the Supreme Court, High Courts and District Courts are recorded on video; and

(b) if so, the details thereof along with the progress made in this regard, so far?

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS ANDINFORMATION TECHNOLOGY

(SHRI P. P. CHAUDHARY)

(a) & (b); The decision on audio-video recording of proceedings in all courts of the country

lies within the domain of judiciary. The Government has been receiving suggestions for

the implementation of audio-video recording of court proceedings. The issue has also

been discussed in the meetings of Advisory Council of National Mission for Justice

Delivery and Legal Reforms. In the meeting of eCommittee of the Supreme Court of India

held on 8thJanuary, 2014, Hon'ble 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 again taken up with Hon'ble Chief

Justice of India. !t was taken up for discussion by the full court of the Supreme Court.

However, no consensus on the subject could emerge.

In Writ Petition (Criminal) No.99 of 2015 (Pradyuman Bisht versus Union of India &

others), Supreme Court of India sought a report from senior counsel on functioning of

CCTV cameras (without audio recording ) at Gurugaon Courts and after receipt of report,

Supreme Court of India inter-alia directed that at least in two districts in every State/Union

Territory (with the exception of small States/Union Territories where it may be considered

to be difficult to do so by the concerned High Courts) CCTV cameras {without audio

recording) may be installed inside the courts and at such important locations of the court

complexes as may be considered appropriate.

LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 19th JULY, 2017.

Gram Nyayafayas

572. SHRI SHIVKUMAR UDASl:


(a) the number of States in the country which have set up Gram Nyayalayas in rural areas;

(b) whether the delivery of justice through Gram Nyayalayas is faster than ordinary courts and if so, the details thereof;

(c) the details of funds allocated and released to the States for setting up of Gram Nyayalayas in the country; and

(d) the other steps being taken to provide speedy justice in rural areas?

ANSWER





(a) : As per information made available by State Governments / High Courts, 320 Gram

Nyayalayas have been notified so far by 11 States, out of these, 204 are operational in 8

States at present.

(b): The Gram Nyayalayas Act, 2008 provides special procedure for both criminal and civil

disputes, Section 19 (1) of the Act inter-alia provides for summary procedure for criminal

offences. Section 24 of the Act inter-alia provides that hearing shall be continued on day

to day basis until its conclusion and that suit, claim, application, filed under the Act shall be

disposed of within a period of six months from the date of its institution. The data on

institution and disposal of cases in Gram Nyayalayas is not maintained centrally.

.2/-

(c) : State-wise details the financial assistance provided so far to State Governments for

setting up of Gram Nyayalayas are as under:

(Rs. in lakh)

SI. No. Name of the State Financial Assistance sanctioned

1 Madhya Pradesh 1819.00

2 Rajasthan 1240.98

3 Karnataka 25.20

4 Orissa 337.40

5 Maharashtra 258.80

6 Jharkhand 75.60

7 Goa 25.20

8 Punjab 25.20

9 Haryana 25.20

10 Uttar Pradesh 627.42

11. Kerala 375.00

Total 4835.00

( d ) : The issues affecting operationalization of the Gram Nyayalayas were discussed in the

Conference of Chief Justices of High Courts and Chief Ministers of the States on 7th April,

2013. It was decided in the Conference that the State Governments and High Courts

should decide the question of establishment of Gram Nyayalayas wherever feasible, taking

into account their local problems.



LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 19th JULY, 2017.

Pending Cases

600. PROF. RICHARD HAY:SHRIMATI DARSHANA VIKRAM JARDOSH:SHRI RAYAPATI SAMBASIVA RAO:PROF. CHINTAMANI MALVIYA:SHRI RATTAN LAL KATARIA:SHRI C.S. PUTTA RAJU:SHRI RAJESH PANDEY:SHRI RAVINDRA KUMAR PANDEY:SHRI NISHIKANT DUBEY


(a) the details of the civil and criminal cases pending at various levels in the judiciary, State and district-wise;

(b) the steps taken I being taken in consultation with the State Governments to address the high pendency of cases;

(c) the details of the vacancies of judges at various levels in the judiciary;(d) the steps being taken to fill up these vacancies;(e) whether there has been a decline in the number of pending cases in the last

three years and there has been an impact of digital revolution on courts; and(f) if so, the details thereof and the details of any other initiative under Nyaya Mitra

scheme taken by the Government to provide speedy justice to the citizens?

ANSWER


{SHRI P. P. CHAUDHARY)

( a ) : Data on pendency of cases is maintained by the Supreme Court and the High Courts.

As per the information available on the website of the Supreme Court, 60,751 cases were/

pending in the Supreme Court as on 01.05.2017. As per the information furnished by High

Courts, 40.15 lakh cases were pending in various High Courts, and 2.74 crore cases were

pending in various District and Subordinate Courts as on 31.12.2016. The details of the

High Court-wise and State / UT - wise pendency of civil and criminal cases as on

31.12.2016 are given in the Statement at Annexure -1 and Annexure - II respectively.

(b) ; 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

court infrastructure including computerisation, increase in the strength of subordinate

judiciary and initiating policy and legislative measures in the areas prone to excessive

litigation and emphasis on human resource development. In pursuance of resolution

passed in the Chief Justices' Conference held in April, 2015, High Courts have set up

Arrears Committees to clear the backlog of cases pending for more than five years.

Hon'ble Minister of Law and Justice has vide his letters dated 10!h April, 2017 requested all

Hon'ble Union Ministers and all Hon’ble Chief Ministers to launch ‘special arrears clearance

drives' to reduce Government Litigations. In the case of Imtiyaz Ahmed versus State of

Uttar Pradesh and others, 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

dear the backlog of cases. In 245th report (2014), 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

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 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 cases 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 Governments 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) to examine the

recommendations 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, the Committee has

proposed a “weighted1 disposal approach - disposal weighted by the nature and

complexity of cases in local conditions. The matter is sub-judice before the Supreme

Court, at present. As per the direction of the Hon'ble Supreme Court in its Order dated

02.01.2017, the Department of Justice has forwarded a copy of interim report of the NCMS

Committee to all State Governments and High Courts to enable them to take follow up

action to determine the required Judges Strength of district judiciary based on the NCMS

report.

(c): The sanctioned strength of judges in the Supreme Court is 31 and 4 posts of judges

are vacant as on 10.07.2017. The sanctioned strength of judges in the High Courts is

1,079 in July, 2017. 401 posts of judges in the High Courts are vacant as on 10.07.2017

which includes 173 newly created posts. The Appointment of Judges and Judicial Officers

in the District and Subordinate Courts falls within the domain of the High Courts and State

Governments concerned. The details of approved and working strength and vacancies of

Judges of Supreme Court and High Courts as on 10.07.2017 is given at Annexure - III.

(d) ; Filling up of the vacancies in the High Courts is a continuous process, as it requires

consultation and approval from various Constitutional Authorities. While every effort is

made to fill up the existing vacancies expeditiously, vacancies do keep on arising on

account of retirement, resignation or elevation of Judges and increase in Judge strength.

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

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

Central Government has no role in appointment of Subordinate Judiciary.

(e) & (f): Disposal of cases is within the domain of judiciary. Increase / decrease of

disposal of cases and Increase / decrease of pendency of cases depend upon various

factors such as nature and type of cases, completion of investigation of cases, availability

of Judges / Judicial Officers, availability of judicial infrastructure, availability of accused /

witness, computerisation of courts, automation of court procedures, efficiency of Judges /

Judicial Officers etc. Despite of various constraints, pendency of cases in the Supreme

Court has declined from 62 thousand cases in the year 2014 to 60 thousand cases in the

year 2017. Pendency of cases in High Courts has also declined from 41.53 lakh cases in

the year 2014 to 40.15 lakh cases in the year 2016. Pendency of cases in District and

Subordinate Courts has, however, increased from 2.64 crore cases in the year 2014 to

2.74 crore cases in the year 2016 due to increased filing of cases.

There has been positive impact of eCourts Mission Mode project on the Courts.

National Judicial Data Grid (NJDG) portal created for public access in September, 2015,

contains information of 7 crores pending and disposed cases, and more than 4 crores

orders / judgments. The number of transactions recorded for eCourts through eTaal portal

raised from 2 crore in the year 2014 to 66 crore in the year 2017. The eCourts

transactions have thus emerged as one of the topmost accessed services of the

Government. The services such as SMS and case disposal started in the year 2014, has

recorded more than 8.59 crore auto-generated SMSs sent to lawyers and judges. During

the period, number of court orders accessed has increased from a mere 64 in the year

2014 to 3.56 crore in the year 2017. There was no video conferencing facility available till

the year 2014. Video conferencing facilities have now been operationalized between 493

courts and corresponding 342 prisons during the years 2015-2017.

The Government has approved a scheme of engaging 227 Nyaya Mitras in States

where there are large number of pendency of court cases. The Nyaya Mitras are required

to assist the litigants who are suffering due to delay in investigations or trial, by actively

identifying such cases through the National Judicial Data Grid (NJDG). These Nyaya

Mitras are meant to identify the bottlenecks due to which these cases are delayed.

The Government has also approved two legal aid and empowerment initiatives, Pro

bono legal services and Tele Law service. Under the Pro bono legal services an online

database of lawyers and eligible litigants has been created. As on date 140 lawyers have

enrolled under the scheme to provide free legal aid to marginalized persons. Under the

Tele Law service, legal aid is mainstreamed through 1800 Common Services Centres in

selected Panchayats in U P., Bihar and States of North East and J & K. As on date a total

of 568 cases have been registered in Tele Law portal for legal aid.

Annexure - 1

STATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 600 FOR ANSWER ON 19™ JULY, 2017.

Number of Civil and Criminal cases Pending in High Courts as on 31.12.2016

S. No, Name of the High Court Civil cases Criminal cases

1 Allahabad 5,50,375 3,65,671

2 Andhra Pradesh 2,49,855 41,906

3 Bombay 2,10,459 51,190

4 Calcutta 1,80,098 38,966

5 Delhi 49,358 17,724

6 Gujarat 50,325 24,773

7 Gauhati 24,044 5,425

8 Himachai Pradesh 19,648 5,499

9 Jammu &Kashmir 53,909 5,495

10 Karnataka 2,53,613 24,007

11 Kerala 1,28,355 38,380

12 Madras 2,62,587 35,030

13 Madhya Pradesh 1,80,952 1,08,493

14 Orissa 1,27,573 40,430

15 Patna 82,874 51,585

16 Punjab & Haryana 2,09,997 92,316

17 Rajasthan 1,84.451 69,680

18 Sikkim 129 41

19 Uttarakhand 22,564 9,440

20 Chhattisgarh 35,078 20,564

21 Jharkhand 44,568 41,189

22 Tripura 2,151 394

23 Manipur 3,169 117

24 Meghalaya 667 33

Total 29,26,799 10,88,348

Source: High Courts. ,

Annexure - IISTATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 600 FOR ANSWER ON 19th JULY, 2017.Number of Civil and Criminal cases Pending in District and Subordinate Courts as on 31.12.2016

S.No.

Name of State/UTs Civil cases Criminal cases

1. Andhra Pradesh & Telangana 5,08,115 5,69,8292. Arunachal Pradesh 3,023 11,5603. Assam 68,205 1,90,4344. Bihar 3,39,856 17,88,4695. Chhattisgarh 65,581 2,24,8536. Goa 24,924_! 17,1507. Gujarat 5,51,881 12,70,4308. Haryana 2,44,422 3,03,3149. Himachal Pradesh 87,080 1,19,86110. Jammu & Kashmir 49,251”"' 96,74811. Jharkhand 64,151 2,78,61712. Karnataka 7,01,928 6,60,23913. Kerala 4,17,790 10,64,87714. Madhya Pradesh 1,86,759 9,10,87515. Maharashtra 11,21,453 21,18,08716. Manipur 3,637 3,34117. Meghalaya 3,543 11,69618. Mizoram 2,085 2,58019. Nagaland 1,688 2,76220. Orissa 2,73,756 7,75,56921. Punjab 2,44,960 2,59,36022. Rajasthan 2,53,332 8,95,37223. Sikkim 474 96024. Tamil Nadu and Puducherry 6,34,690 4,64,83125. Tripura 8,534 35,03426. Uttar Pradesh 15,23,215 44,56,85627. Uttarakhand 32,062 1,58,88626. West Bengal 5,60,684 21,68,06929. A & N Island 3,507 5,26030. Chandigarh 15,377 23,53031. Daman & Dtu 866 85432. D & N Haveli 1,533 2,23333. Delhi , 1,56,540 4,49,64134. Lakshadweep 153 2041

Total 81,55,055 1,93,42,381Source: High Courts.

Annexure - IIISTATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 600 FOR ANSWER ON 19™ JULY, 2017.

Statement showing the Approved Strength, Working Strength and Vacancies of Judges in the Supreme Court of India and the High Courts.

(As on 10.07.2017)

SI.No.

Name of the Court

ApprovedStrength Working Strength

Vacancies as per Approved Strength

A. Supreme Court 31 27 04B. High Court Pmt Addl Total Pmt Addl Total Pmt. Addl Total1 Allahabad 76 84 160 67 24~t 91 09 60 69

2

High Court of Judicature at Hyderabad

46 15 61 27 0 27 19 15 34

3 Bombay 71 231 94 54 20 74 17 03 204 Calcutta 54 18 72 33 01 34 21 17 385 Chhattisgarh 17 05 22 08 05 13 09 0 096 Delhi 45 15 60 38 0 38 07 15 227 Gauhati 18 06 24 07 12 19 11 -06 058 Gujarat 39 13 52 25 06 31 14 07 21

9HimachalPradesh

10 03 13 06 02 08 04 01 05

10Jammu & Kashmir

13 04 17 12 0 12 01 04 05

11 Jharkhand 19 06 25 08 06 14 11 0 1112 Karnataka 47 15 62 21 08 29 26 07 3313 Kerala 35 12 47 31 05 36 04 07 11

14MadhyaPradesh

40 13 53 17 18 35 23 -05 18

15 Madras 56 19 75 45 09 54 11 10 2116 Manipur 04 01 05 02 0 02 02 01 0317 Meghalaya 03 01 04 03 0 03 0 01 0118 Orissa 20 07 27 18 0 18 02 07 0919 Patna 40 13 53 23 12 35 17 01 18

20Punjab & Haryana

64 21 85 43 10 53 21 11 32

21 Rajasthan 38 12 50 21 16 37 17 -04 1322 Sikkim 03 0 03 03 0 03 0 0 023 Tripura 04 0 04 02 0 02 02 0 0224 Uttarakhand 09 02 11 09 01 10 0 01 01

Total 771 308 1079 523 155 678 248 153 401**************

GOVERNMENT OF INDIAMINISTRY OF LAW AND JUSTICE

(DEPARTMENT OF JUSTICE)

LOK SABHA UNSTARRED QUESTION No. 601

TO BE ANSWERED ON WEDNESDAY, THE 19th JULY, 2017

Wi-Fi in courts

601 . SHRI KALYAN BANERJEE:

Will th e M in ister o f LAW AND JUSTICE be pleased to s tate:

a) w h e th e r the G overnm ent is planning to install Wi-Fi in the courtsparticu larly in High Courts and the Suprem e Court,

b) if so, the deta ils thereof, andc) if not, th e steps taken by the G overnm ent to com puterise and

achieve th e schem e of ‘d ig ita l Ind ia ’ in jud ic iary ?

ANSWERM IN ISTER OF STATE FOR LAW & JUSTICE AND

ELECTRONICS AND INFORM ATION TECHNOLOGY (SHRI P. P. CHAUDHARY)

(a) to (b): The Governm ent of India is not planning to install w ifi fac ility in the Courts. How ever, the Suprem e Court of India has provided w ifi fa c ility in the Suprem e Court com plex.

(C) The G overnm ent of India is im plem enting the eCourts Mission Mode Pro ject for Inform ation and Com m unication Technology enablem ent of Indian Judiciary to achieve the schem e of Digital India in jud ic iary . Under the Phase-ll of the Project (2015-2019), the Governm ent has released Rs. 799 .14 crores so far.

Key fea tu res of the Pro ject include provisioning of basic d ig ital in frastructure fo r IC T enablem ent consisting of various modules,

such as com puter hardw are, Local Area N etw ork (LAN), in ternet connectiv ity and installation of standard application softw are a t each court com plex. Additional featu res of the Project include delivery of the services, in ter alia, case reg istration , causelists, daily case status, and final order/judgm ent.

N ational Jud ic ia l data grid created as online platform provides inform ation relating to jud icia l proceedings/decisions of com puterised d is tric t and subordinate courts of the country. The portal also provides online inform ation to litigants such as details of case reg istration , cause list, case status, daily orders, and final judgm ents. Currently litigants can access case status inform ation in respect of over 7 crore pending and decided cases and more than 4 crore orders/judgem ents pertaining to the com puterised d istric t and subordinate courts. Further, V ideo Conferencing fac ility has been enabled betw een 49 3 d istric ts and subordinate courts and its corresponding 342 prisons during 2015-2017 . Jud icia l Service Centres (JSC) have been established at all com puterised courts w hich serve as a single w indow for filing petitions and applications by litigants/ law yers as also obtaining inform ation on ongoing cases and copies of orders and judgm ents e tc . As part of the Change M anagem ent exerc ise , over 14 ,000 Judicia l O fficers and over 4 ,000 court s ta ff have been trained in CIS softw are . Furtherm ore, for the benefit o f litigants and law yers, as m any as 8 .59 crore system* generated SMSs have been sent to the litigants and lawyers.

1

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE


LOK SABHA STARRED QUESTION No. *154

TO BE ANSWERED ON WEDNESDAY, THE 26™ JULY, 2017

eCourt System

* 154. DR. RATNA DE (NAG)SHRI SHARAD TRIPATHI


(a) whether the Government proposes/has a proposal to start a compulsory e-Court system in all the districts of the country in the near future;

(b) if so, the details thereof;(c) whether this initiative will help in speedy and

transparent trial/disposal of the pending cases in various courts of the country;

(d) if so, the details thereof; and(e) the time by which the Government is likely to

implement the said system?

ANSWER MINISTER OF LAW & JUSTICE AND

ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

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

2

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA STARRED QUESTION NO. 154 FOR 26th

JULY, 2017

REGARDING eCOURT SYSTEM

(a) & (b): The Government of India has an eCourt project as a Mission Mode Project for computerization of all the district and subordinate courts. Key features of the Project include delivery of the services; inter alia, case registration, cause lists, daily case status, and final order/judgment. Further, e-filing of cases, e-payment of court fees, process service through email and also through process servers having hand held devices, receipt of digitally signed copies of judgments are key services.

All the district and subordinate courts computerized under eCourts project have been linked to National Judicial Data Grid (NJDG), which is a common repository of case records across the country. The portal also provides online information to citizens including litigants such as details of case registration, cause list, case status, daily orders, and final judgments. Currently litigants can access case status information in respect of over 7 crore pending and decided cases and more than 4 crore orders / judgements pertaining to the computerized district and subordinate courts. As per information received from eCommittee of Supreme Court of India, funds have been released to 16089 courts till date for computerization. The High Court wise details of such district and subordinate courts are as under:

c ■a* ■<■ m f : k\. V* ' * .•. .

1. Allahabad 17332. Andhra Pradesh 10783. Bombay 20794. Calcutta 7725. Chattisgarh 3406. Delhi 4277. Gauhati 4428. Gujarat 11089. Himachal Pradesh 11810. Jabalpur 120311. Jammu And Kashmir 218

3

12. Jharkhand 35113. Jodhpur 97814. Karnataka 89715. Kerala 48616. Madras 98817. Orissa 50918. Patna 102519. Punjab And Haryana 101820. Sikkim 1521. Uttarakhand 18522. Tripura 6223. Manipur 3024. Meghalaya ‘ 27

c - ■' 1‘olal • ' . '• ' • ■. V . 160*9** '* ■ • ' ‘

(c) to (e): The eCourts Project equips the Judiciary to use ICT enabled tools to improve court and case management. The availability of online database enables judiciary to plan court administration. It leads to making the justice delivery system across the country more transparent, more 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 enablement of courts increases efficiency of justice delivery system through organised and easy access to case information, and transparency is the eventual outcome. The eCourts Mission Mode Project is scheduled to culminate in 2019.



LOK SABHA

UNSTARRED QUESTION NO. f1671


Average Time taken for Disposal of Cases

+1671. SHRI ASHOK MAHADEORAO NETE:


(a) whether the courts in the country take more time to dispose of the cases as compared to the developed countries of the world;

(b) if so, the details in this regard;(c) the average time taken by the Supreme Court, High Courts, District Courts and

Subordinate Courts in the disposal of civil and criminal cases; and(d) the steps taken by the Government to streamline the system for speedy delivery

of justice?

ANSWER



(a) & (b): It may not be valid to compare the time taken for disposal of cases by courts in

the country with the time taken by courts in developed countries. The courts in various

countries operate in different environment on account of difference in availability of

infrastructure facilities, use of technology, number of judicial officers per million of

population (judge-population ratio), docket ratio (population - case filing ratio), provisions

of substantive laws and procedures in courts. No assessment in this regard has been

made.

(c ) : The Government does not maintain data on average time taken for disposal of cases

in different courts.

(d) : 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

court infrastructure including computerisation, increase in the strength of subordinate

judiciary and initiating policy and legislative measures in the areas prone to excessivelitigation and emphasis on human resource development.

In addition to the above, following steps have also been taken by the CentralGovernment in the matter.

(i) The sanctioned strength of Judges of High Courts has been increased from 906

judges to 1079 judges. Total 173 posts were sanctioned between June 2014 and

May, 2016.

(ii) The sanctioned strength of the subordinate judiciary has been increased from 20,174

at the end of 2014 to 22,288 in December, 2016.

(iii) National Legal Services Authority (NALSA) provides mechisms for access to justice

for poor people in India, under the overall supervision of the Chief Justice of India as

the Patron-in Chief. It organised the National Lok Adalat in July, 2017. More than

9.97 lakh cases including 5.33 lakh pending cases and 4.64 lakhs pre-litigation cases

with the settlement amount of Rs.2,925 crores were disposed.

(iv) 1824 redundant Central Acts have been identified for repeal. So far, 1200 Acts have

been repealed.

(v) The Government has launched a nation-wide drive to reduce the number of cases

pending in courts by curtailing the Government litigation. The Minister of Law and

Justice has written on 10th April, 2017 to all Ministers of Central Ministries and Chief

Ministers of States to launch ‘special arrears clearance drives’ to reduce pending

cases and minimize fresh litigations.

(vi) Based on the proposals received from the High Court Collegium, during the year

2016, 126 fresh appointment of Judges in High Courts and 131 Additional Judges

were made permanent, which is the highest number of appointments made in a given

year. In addition, the tenure of 22 Additional Judges of High Courts was also

extended. Besides, based on the proposal received from the Supreme Court

Collegium, 4 judges were appointed in the Supreme Court in 2016. During the

current year (2017), 05 Judges have been appointed in the Supreme Court, 75

Judges in the High Courts and 28 Additional Judges have been made Permanent. Besides, 08 Chief Justices have been appointed in the High Courts.

(vii) The 14th Finance Commission has endorsed the proposal to strengthen the judicial

system in States which includes, inter-alia, establishing 1800 Fast Track Courts

(FTCs) for a period of five years for cases of heinous crimes; cases involving senior

citizens, women, children, disabled and litigants affected with HIV AIDS and other

terminal ailments; and civil disputes involving land acquisition and property / rent

disputes pending for more than five years at a cost of Rs. 4,144 crore. The 14th

Finance Commission has urged State Governments to use the additional fiscal space

provided by the Commission in the tax devolution to meet such requirements. The

Hon’ble Minister for Law and Justice has written to all Chief Ministers on 02nd May,

2017 to make available the funds recommended by the 14th Finance Commission to

judiciary and to furnish the status of the implementation of the recommendations of

the 14th Finance Commission.

(viii) As per the resolution adopted in the Joint Conference held in New Delhi on 24th April,

2016, the Government vide its letter dated 26th September, 2016 requested the State

Governments to strengthen the institutional mechanism between the State and the

Judiciary where the Chief Secretary and his team and 2 or 3 Judges of the High

Court to regularly meet and monitor utilisation of plan fund and timely completion of

infrastructure and eCourts Mission Mode project. The States have also been

requested to assist Judiciary in preparing perspective / annual plan for various

. activities to be undertaken in the justice sector on account of enhanced devolution of

funds to the States under the 14th Finance Commission. In addition, the States were

requested to provide technical manpower for ICT upgradation.

(ix) The Government vide a letter dated 3rd February 2017, addressed the Chief Justices

of the 24 High Courts requesting them Court to advise the district judiciary to ensure

effective implementation of Section 436A Code of Criminal Procedure and ensure

periodic monitoring of the associated Undertrial Review Committee Mechanism.

(x) Commercial Courts, Commercial Division and Commercial Appellate Division of High

Court Act, 2015 has been notified on 1st January, 2016 to have a streamlined

procedure for the conduct of cases in the Commercial Division and in the Commercial

Court by amending the Code of Civil Procedure, 1908 (CPC) for commercial cases

so as to improve the efficiency and reduce delays in disposal of commercial cases.

(xi) Necessary amendments have been made to Arbitration and Conciliation Act, 1996 to

make the award within 12 months, to resolve the dispute through fast track

procedure, to ensure neutrality of arbitrators, and to restrict uses of the term ‘Public Policy of India’ as a ground for challenging the award.

(XII) The Negotiable Instruments (Amendment) Act 2015 has been notified to clarify the

jurisdiction where cases pertaining to dishonour of cheques may be filed and

provides for transfer of cases to the appropriate jurisdiction and consolidation of multiple cases filed in different courts.

(xiii) The Minister of State for Law and Justice vide a letter dated 7th February 2017,

addressed the Chief Justices of the all High Court requesting them to speed up the

process of implementation of e-Court Project for actualizing the objectives of the

Project.

(xiv) The Government has approved a scheme of engaging 227 Nyaya Mitras in States

where there are large number of pendency of court cases. The Nyaya Mitras are

required to assist the litigants who are suffering due to delay in investigations or trial,

by actively identifying such cases through the National Judicial Data Grid (NJDG).

These Nyaya Mitras are meant to identify the bottlenecks due to which these cases

are delayed.

(xv) The Government has also approved two legal aid and empowerment initiatives:’ Pro

bono legal services’ and Tele Law Service’. Under the Pro bono legal services an

online database of lawyers and eligible litigants has been created. As on date 140

lawyers have enrolled under the scheme to provide free legal aid to marginalized

persons. Under the Tele Law service, legal aid is mainstreamed through 1800

Common Services Centres in selected Panchayats in U.P., Bihar and States of North

East and J & K. As on date a total of 568 cases have been registered in Tele Law

portal for legal aid.(xvi) In pursuance of resolution passed in the Chief Justices’ Conference held in April,

2015, High Courts have set up Arrears Committees to clear the backlog of cases

pending for more than five years. The Supreme Court has also constituted an

Arrears Committee consisting of two Hon’ble Judges to formulate steps to reduce

pendency of cases in High Courts and District Courts.(xvii) The Minister of State for Law and Justice has also written to all Chief Ministers on

July 19, 2017 to use additional fiscal space provided by 14th Finance Commission to

set up Special Courts especially for the cases pertaining to crimes against women.* * * * * * * * * * * * * * *

LOK SABHA UNSTARRED QUESTION N0.1680


Separate High Court for Andhra Pradesh

1680. SHRI: Y.S. AVINASH REDDY

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICEDEPARTMENT OF JUSTICE


(a) whether the Government is committed to establishment of a separate High Court in Andhra Pradesh; and

(b) if so, the details of steps taken in this regard so far and its current status?

ANSWER

Minister of State for Law and Justice and Electronics and Information Technology.


(a) & (b): The Andhra Pradesh Reorgansiation Act, 2014. provides for setting up of a separate High Court for the State of Andhra Pradesh. The Act also provides that once separate High Court for the State of Andhra Pradesh is established, the existing High Court will go to the State of Telangana. Till such time the existing High Court i.e. the High Court of Judicature at Hyderabad will serve as common High Court for the States of Telangana and Andhra Pradesh.

To enable the creation of separate High Court for the State of Andhra Pradesh, all necessary infrastructures such as Court buildings, quarters for the Judges and officials/staff of the Court has to be created by the State Government in consultation with the High Court of judicature at Hyderabad. The Central Government had requested the Chief Justice of the High Court and the Chief Minister of Andhra Pradesh to take all the necessary steps towards the creation of separate High Court for the State of Andhra Pradesh. Presently, the matter is sub- judice at High Court of judicature at Hyderabad for the States of Telengana and Andhra Pradesh.

L O K S A B H A UNSTARRED QUESTION NO. 1705

TO BE ANSWERED ON WEDNESDAY, THE 26TH JULY, 2017

Recommendation regarding Medical Examination of Rape Victims

1705. SHRI A.T. NANA PATIL:

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

(a) whether the J.S.Verma Committee had recommended to abolish two finger test as medical examination of rape victims;

(b) if so, the reasons for not taking any action on this recommendation; and

(c) the steps taken by the Government to amend the relevant protocol for medical examination of victims of sexual assault and abolish the two finger test?

A N S W E RMINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY


(a) & (b): Yes, Sir. The J.S. Verma Committee has recommended to abolish

the two-finger test as medical examination of rape victims. As per the

recommendations of the J.S. Verma Committee, the Ministry of Health and

Family Welfare has issued the guidelines & protocols for medico-legal care for

survivors/victims of sexual violence. These guidelines state that two-finger

test must not be conducted for establishing rape/sexual violence as it has no

bearing on a case of sexual violence.

(c): On the recommendations of the J.S. Verma Committee, the Government

of India has brought into force the Criminal Law (Amendment) Act, 2013 to

amend the relevant protocol relating to sexual violence or crime against

GOVERNMENT OF INDIAMINISTRY OF LAW & JUSTICE(DEPARTMENT OF JUSTICE)

girls/women. The Act states that the evidence of the character of the victim or

of such person’s previous sexual experience with any person shall not be

relevant on the issue of such consent or the quality of consent. The Supreme

Court in the case of Lillu @ Rajesh & ANR Vs State of Haryana (2011) also

stated that the two finger test and its interpretation violate the right of rape

survivors to privacy, physical & mental integrity and dignity.

L O K S A B H A

UNSTARRED QUESTION NO.1732


POCSO Courts

1732. SHRI K.R.P. PRABAKARAN:


(a) whether the working of POCSO Courts dealing with crimes against children are upto the desired level;

(b) if so, the number of cases pending in these courts in each State as on date;

(c) whether these courts have the qualified personnel and adequate infrastructure to deal with such sensitive cases; and

(d) the total number of courts set-up/designated for cases of crimes against children established under POCSO Act, 2012?



A N S W E RMINISTER OF STATE FOR LAW & JUSTICE AND

ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P.P. CHAUDHARY)

(a)& (b): The working and control of POCSO Courts dealing with crimesagainst children come within the purview of respective High Courts. They have comprehensive, exclusive and effective control of such courts. -The working assessment of POCSO Courts is not done centrally. However, a State/UT-wise statement indicating the number of cases pending is enclosed as Annexure, as per data received from National Commission for Protection of Child Rights (NCPCR).

(c) & (d): For dealing with such sensitive cases/cases of crimes against children459 Special Public Prosecutors have been appointed, 727 Special Juvenile Police

Units and 591 Special Conrts/Children Courts in 694 districts have been set up across the country as per information received from NCPCR. This data excludes Jammu & Kashmir where Commissions for Protection of Child Rights Act, 2005 is not applicable. Development of adequate infrastructure facilities for judiciary is within the jurisdiction of the State Governments. However, in order to augment the resources of the State Governments, a Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary is under implementation which central assistance is provided to the State Governments for the construction of court buildings and residential units. On receipt of the complete proposals from the State Governments including utilization certificates against the funds sanctioned earlier, necessary financial assistance is provided to the State Governments in accordance with the guidelines of the scheme.

Annexure

State/UT-wise details of cases pending in the Special Courts/Children Courts under the POCSO Act, 2012 as on 20.07.2017

Sr. No. States/UTs Number of cases pending1. Andhra Pradesh 4472. Arunachal Pradesh *3. Assam 7094. Bihar 9505. Chhattisgarh 3476. Goa Nil7. Gujarat 778. Haryana 1249. Himachal Pradesh 18610. Jammu & Kashmir POCSO Act is not applicable11. Jharkhand *12. Karnataka *13. Kerala 399114. Madhya Pradesh 124115. Maharashtra 12,99016. Manipur Nil17. Meghalaya 17018. Mizoram Nil19. Nagaland 1420. Odisha 23321. Punjab 11822. Rajasthan 382823. Sikkim Nil24. Tamil Nadu 55625. Telangana 13026. Tripura Nil27. Uttar Pradesh 89028. Uttarakhand 429. West Bengal 28330, A & N Islands 6831. Chandigarh UT Nil32. D & N Haveli Nil33. Daman & Diu Nil34. Delhi UT 20235. Lakshadweep Nil36. Puducherry Nil

Total:— ---------------------------------------- - ___________ > _ _ 27,558

* Details not received

LOK SABHA

UNSTARRED QUESTION NO. 1775


Infrastructure in Judiciary

1775. SHRI P.C. MOHAN:KUMARI SHOBHA KARANDLAJE:DR. MANOJ RAJORIA:SHRI PRATHAP SIMHA:


(a) whether the Government augments the resources of the State Governments by releasing financial assistance under a Centrally Sponsored Scheme (CSS) for the development of infrastructure facilities for judiciary and if so, the details thereof;

(b) the number of Court Halls available in the country as on 31.03.2017;(c) the steps initiated to ensure expeditious disposal of cases pertaining to women,

marginalized segments, senior citizens and differently-abled;(d) whether the Government is having any specific proposal to bring the court

management system in a transparent manner and if so, the details thereof; and(e) the total funds utilised and sanctioned during the last three years, viz., 2014-15,

2015-16 and 2016-17 for the creation of infrastructure for the courts?

ANSWER



(a): The primary responsibility for development of infrastructural facilities for judiciary in the

States rests with the State Governments. The Central Government augments the

resources of the State Governments by releasing financial assistance under a Centrally

Sponsored Scheme (CSS) for the development of infrastructure facilities for Judiciary. A

sum of Rs.5,844 crore has so far been released to State Governments / UTs under the

Scheme since its inception in the year 1993-94, out of which a sum of Rs.2,399 crore has been sanctioned since the year 2014-15 to date.



(b): As per the information made available by the High Courts / State Governments,

17,338 Court Halls were available in the country as on 31.12.2016. Further, 2,986 Court Halls were under construction.

(c): The 14th Finance Commission has endorsed the proposal to strengthen the judicial

system in States which includes, inter-alia, establishing 1800 Fast Track Courts (FTCs) for

a period of five years for cases of heinous crimes; cases involving senior citizens, women,

children, disabled and litigants affected with HIV AIDS and other terminal ailments; and

civil disputes involving land acquisition and property / rent disputes pending for more than

five years at a cost of Rs. 4,144 crore. The 14th Finance Commission has urged State

Governments to use the additional fiscal space provided by the Commission in the tax

devolution to meet such requirements. The Hon’ble Minister for Law and Justice has

written to all Chief Ministers on 02nd May, 2017 to make available the fund recommended

by the 14th Finance Commission to judiciary and to furnish the status of the implementation

of the recommendations of the 14th Finance Commission. Further, the Minister of State for

Law and Justice has also written to all Chief Ministers on July 19, 2017 to use additional

fiscal space provided by the 14th Finance Commission to set up special courts specially for

the cases pertaining to crimes against women.

(d): A National Court Management System (NCMS) mechanism has been established in

May, 2012, under the overall supervision of Hon’ble Chief Justice of India. Under the

NCMS, a National Framework of Court Excellence (NFCE) shall set measurable standards

of performance for courts addressing the issues of quality, responsiveness and timeliness.

Recently, a new initiative, the Integrated Court Management Information System (ICMIS)

has been launched with effect from 10.05.2017 to usher in a higher level of objectivity,

consistency, timeliness and transparency. In this behalf, a new automated, dynamic and

a responsive software has been prepared to provide speedy justice to all the stakeholders

in the Supreme Court of India.

the last three years

l«\ The details of Funds sanctioned to the State Governments and Union Territories during . ____ years arld the current year and the funds for which Utilisation Certifica es

have become due but not yet received from State Governments / Union Territones have

been indicated in the Statement

AnnexureStatement referred to Lok Sabha Un-satarred Question No. 1775 for Reply on 26.07.2017Details of Funds Sanctioned to the State Governments and Union Territories during the last three years and funds for which Utilisation Certificates have become due but not yet received.

_________ (Rs. in Lakhs)SI.No.

State / UT Funds Sanctioned in 2014-15

Funds Sanctioned in 2015-16

Funds Sanctioned in 2016-17

Total amount for which Utilization Certificate due but not yet received.

1. Andhra Pradesh including Telengana______________

0.00 0.000.00

4516.00

Bihar 4909.35 0.00 5000.00 90.653. Chhattisgarh 2176.60 0.00 0.00 132.00

Goa 0.00 0.00 0.00 96.53Gujarat 10000.00 5000.00 5000.00 0.00Haryana 0.00 5000.00 0.00 5000.00Himachal Pradesh 0.00 0.00 819.00 0.00Jammu & Kashmir 3429.00 1325.00 2104.00 524.05Jharkhand 3044.00 3044.00 0.00 0.00

10. Karnataka 16370.00 5000.00 5000.00 0.0011. Kerala 0.00 0.00 0.00 0.0012. Madhya Pradesh 6141.00 5000.00 0.00 0.0013. Maharashtra 9975.00 5000.00 4975.00 0.0014. Orissa 0.00 0.00 0.00 2247.1815. Punjab 9805.00 5000.00 4800.00 0.0016. Rajasthan 0.00 5000.00 4374.00 3217.0017. Tamilnadu 0.00 0.00 5000.00 0.0018. Uttarakhand 3559.05 0.00 0.00 0.0019. Uttar Pradesh 12531.00 5000.00 5000.00 0.0020 . West Bengal 2000.00 0.00 0.00 123.58Tota iAL 83940.00 44369.00 42072.00 15946.99NE States1. Arunachal Pradesh 1000.00 1593.00 0.00 1943.292 . Assam

Manipur0.00 0.00 0.00

2000.00 2000.00 0.000.00

1642.56Meghalaya 1709.00 2037.00 2000.00 1.005. MizoramNagalandSikkim

1085.00 0.00 0.002016.00 0.00 2000.00

0.000.00

8. TripuraTotal (B)_______Union Territories1. A&N Islands

A3.

ChandigarhDadra & Nagar HaveliDaman & DiuDelhiLakshadweep

Total (C)Pondicherry

Grand Total (A+B+C)

0.00 0.001550.00

0.000.00

9360.000.00

5630.00 4000.00

0.00 0.000.00

259.680.00

0.000.00

0.000.00 0.000.00 6040.320.000.00

0.00259.68

0.0093300.00

6300.0056299.00

* * * * * * * * * * ■

0.0042.43

5000.000.00

2500.007802.11

53874.11

596.004825.469008.31

0.001357.94500.00

0.006040.32

11.76295.97

8205.9933161.29



LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 26th JULY, 2017

Financial Assistance to Poor

1814. SHRI MD. BADARUDDOZA KHAN:

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

(a) whether it has been difficult for the poor and low income group people to file

petitions in the Supreme Court due to high fee and if so, the details thereof;

(b) whether any scheme has been introduced by the Supreme Court for facilitating the

filing of petition and providing financial assistance to the poor and people

belonging to low income group and if so, the details thereof; and

(c) if not, the reasons therefor?

ANSWER

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

(SHRI P.P.CHAUDHARY)

(a) to (O) Free legal services (which include payment of court fee, providing advocate

for legai adv.ce, preparation of paper book and appearance in court * , ) are

provided to poor and marginalized persons covered ander Section 12 of ,h egal Services Authorities Act, 1987. The Supreme Co rt i

Committee (SCLSC) constituted under the Act has bean • ■

effectively as mentioned above to all eligible persons T h e e r-M -’"9 ^ ^ ^for obtaining free legal aid from the SCLSC is Rs 1General nnhiio ' pe r annum


DEPARTMENT OF JUSTICE****** ‘

LOK SABHA


National Legal Services Authority

1826. SHRI DEVAJIBHAI G. FATEPARA:!


(a) whether National Legal Services Authority is planning to provide free legal assistance to poorest of poor languishing in district jails for years;

(b) if so, the details thereof;

(c) whether legal services establishment counters have been set up in various States and Union Territories for the said purpose; and

(d) if so, the details thereof?

ANSWER

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


(a) to (b) The National Legal Services Authority (NALSA) has been providing free legal

assistance to poor, marginalized persons including persons who are in custody since

last two decades. Under Trial Review Committees(UTRCs)have been formed at district

levels as mandated by the Hon’ble Supreme Court vide its order dated 06.05.2016 in

WP (C) No.406/2016 to monitor the timely identification and release of under-trials. The

UTRC comprises the District Judge, the District Magistrate, the Superintendent of

Police and the Member Secretary, District Legal Services Authority (DLSA). A number

of convicts and under-trials have been released in pursuance of the recommendations

of the UTRCs since the judgement of the Hon’ble Supreme Court. The Minister of Law

& Justice had also written to the Chief Justices of all High Courts on 03 02 2017 to

advise the district judiciary to review all cases under Section 436 A CrPC, and take

suo moto action for the release of the under trials.

(c) & (d) The State Legal Services Authorities (SLSAs) have established legal services

clinics in all jails to provide free legal aid to the inmates. These clinics are manned by

panel lawyers and para legal volunteers (PLVs). Legal Services Authorities have

presence in all districts and over 6200 talukas in the country. In addition, NALSA has set

up Legal Assistance Establishments (LAEs) in a number of State capitals where under-trial prisoners/convicts can interact with the panel lawyers for legal advice/ legal aid and also to

know the status of their pending cases.

LOK SABHA

STARRED QUESTION NO. *248.

TO BE ANSWERED ON WEDNESDAY, 2nd August, 2017.

Construction of Court Halls

*248. SHRI RATTAN LAL KATARIA:


(a) whether the Government has any proposal for construction of 3000 more eourt halls to accomodate more judges and if so, the details in this regard;

(b) the total numbers of court halls available in the country as on date;(c) whether the Government has directed the State Governments to implement

this proposal speedily; and(d) if so, the details thereof ?



ANSWER

MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATIONTECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

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

STATEMENT REFERRED TO IN REPLY TO PARTS fa) TO (d) of LOK SABHA STARRED QUESTION NO. *248 FOR ANSWER ON 02NP AUGUST. 2017.

(a) to (d ) : The primary responsibility for development of infrastructural facilities for judiciary in

the States including construction of court halls rests with the State Governments. The

Central Government augments the resources of the State Governments by releasing financial

assistance under a Centrally Sponsored Scheme (CSS) for the development of infrastructure

facilities for Judiciary. A sum of Rs.5,844 crore has so far been sanctioned to State

Governments / UTs under the Scheme since its inception in the year 1993-94, out of which a

sum of Rs.2,399 crore has been sanctioned since the year 2014-15.

As per information made available by High Courts as of December 31, 2016, there

were 17,338 court halls / court rooms available for District and Subordinate Courts in the

country. In addition, 2,986 court halls / court rooms were under construction. Comparing

these figures with the working strength of 16,413 judges / judicial officers reported by High

Courts as of December, 2016, adequate court rooms / court halls are available for the current

strength of judicial manpower. Focus is now to match the availability of court rooms / court

halls with the sanctioned strength of judicial officers / judges in District and Subordinate

Courts which is 22,288.

During the Joint Conference of Chief Ministers of States and Chief Justices of the High

Courts held at New Delhi in April 2016, it was inter-alia resolved that with a view to (i) identify

the infrastructural needs of the State Judiciary by developing suitable five year and annual

action plans for the future; (ii) ensure the completion of under construction projects pending

for three or more years on a mission mode basis; and (iii) ensure timely completion of

projects for the construction of court complexes and residential accommodation, particularly

for Judges in the District Judiciary; a Committee of three Judges be constituted in each High

Court of which the Chief Secretary and the Secretaries of the Departments of Finance, Public

Works and Law be co-opted as Members to ensure that the funds are properly utilised and

also to closely monitor the timely completion of projects and to facilitate a proper coordination

between the officials at the district level and the decision-making authorities of the State

Government.************

LOK SABHA UNSTARRED QUESTION NO.2797


Conviction of a Sitting HC Judge

2797 SHRI B. SENGUTTUVAN:


(a) whether the Supreme Court has convicted any sitting HC Judge for contempt of court and sentenced him to six months of imprisonment and if so, the details thereof;

(b) whether the convicted judge upon his conviction, abandoned service, absconded and went into hiding till he was eventually arrested and imprisoned in jail and if so, the details thereof;

(c) whether the Supreme Court sent a medical team to examine the said HC Judge who stated to them that since he was in perfect health, there was no need for medical examination and if so, the details thereof;

(d) whether the said judge whilst in office hurled charges of caste discrimination and corruption against fellow judges and the Supreme Court Judges and issued untenable restraint orders and if so, the details thereof;

(e) whether the Ministry would furnish the particulars of his elevation including names of judges constituted the collegium that recommended his name and his distinguished legal practice, if any, etc.;

(f) if so, whether this instance is symptomatic of the evils of collegium system of recruitment of HC Judges selected on the basis of whims and fancies when an ordinary junior civil judge and magistrate will have to undergo several ability tests and interviews; and

(g) if so, the steps being taken by the Government in this regard?

ANSWER

Minister of State for Law and Justice and Electronics and Information Technology


(a) : As per the Judgment of the Hon’ble Supreme Court dated 09.05.2017 available on the website of the Supreme Court, a seven member Supreme Court Bench headed by the Chief Justice of India, in a Suo-Motu contempt petition (Civil) No. 1 of 2017 against Shri Justice C.S. Kaman, Judge (retd.) of the Calcutta High Court has convicted him with imprisonment



2

for six months for his grossest and gravest actions of contempt of Court, as his conduct towards a large number of Judges and Judiciary in general had seriously blemished and tarnished the image of those concerned in particular, and judiciary as a whole.

(b) : As per the information made available by the Hon’ble Supreme Court the DirectorGeneral & Inspector General of Police, West Bengal in his report to the Supreme Court, pursuant to the direction of Supreme Court dated 9.5.2017, submitted that the Police team of West Bengal Police could not trace Shri Justice C.S. Kaman. The Director General & Inspector General of Police, West Bengal vide Report dated 23.6. 2017, informed that in compliance of the Supreme Court’s Order, Shri Justice (retd.) C.S. Kaman has been arrested by a team of Police Officers of West Bengal Police from Coimbatore, Tamil Nadu on20.6.2017 at 19.30 hours and handed over to the Superintendent of Presidency Correctional Home on 21.6.2017 at 15.28 hours after necessary legal formalities.

(c) : The Hon’ble Supreme Court vide its Order dated 1.5.2017 directed the HealthServices, Government of West Bengal to constitute a Board of Doctors from Pavlov Government Hospital, Calcutta for conducting medical examination of Shri Justice C.S. Kaman on 4.5.2017 and to submit a report as to whether or not Shri Justice C.S. Kaman was in a fit condition to defend himself. But Shri Justice C. S. Kaman declined to be medically examined and gave a written declaration dated 4.5.2017 in which he stated that he was absolutely normal and with a stable mind. The Supreme Court accepted this assertion of Justice Kaman.

(d): Shri Justice C.S. Kaman claimed to be a victim of social and caste discrimination and h said that he had been subjected to agony, on account of ragging and demeaning actions, of other Judges. Shri Justice C.S. Kaman openly denounced large number of Judges with allegations of corruption and passed orders which had neither any legal sanction nor any justification. The Supreme Court vide its order dated 08.02.2017 refrained Shri Justice C.S. Kaman from handling any Judicial work and directed him to return, all judicial and administrative files in his possession to the Registrar General of the Calcutta High Court.

(e) Shri Justice C.S. Kaman was enrolled as a Advocate on 11.04.1984 and practiced in Madras High Court City Civil Court & Family Courts in Civil, Criminal, Constitutional and Service matters and specialized in Civil matters. The name of Shri Justice C.S. Kaman was inter-alia recommended by the then Chief Justice of Madras High Court viz., Shri Justice A.K. Ganguly and the two senior-most Judges of the Madras High Court Collegium viz., Shri Justice S.J. Mukhopadhaya and P.K. Misra. The proposal was placed before the Supreme Court Collegium consisting of the then Chief Justice K.G. Balakrishnan and his two senior- most Colleagues Shri Justice B.N. Agrawal and Arijit Pasyat which recommended his name for elevation. He was transferred from Madras High Court to Calcutta High Court on 10.03.2016.

(f) Two Judges out of the 07 member bench viz., Shri Justice J. Chelameswar and Ranjan Gogoi, while concurring with the Judgment dated 09.05.2017, in a separate order dated04.07.2017 have inter-alia highlighted the need to revisit the process of selection and appointment of Judges to the Constitutional Courts.

(g) As per the Hon’ble Supreme Court order dated 16.12.2015 in W.P. (C) No. 13/2015, the Government has been directed to finalise the existing Memorandum of Procedure for appointment of Judges of Supreme Court and High Courts on various criteria such as eligibility, transparency, establishment of Secretariat, complaints etc. After detailed examination and deliberations on the criterion laid down by the Supreme Court, draft Memorandum of Procedure was prepared by the Government and sent to the Chief Justice of India on 22.03.2016. The response of the Supreme Court Collegium has been received in the matter. The Government has conveyed its views to the Hon’ble Supreme Court vide letter dated 11.07.2017. The Government in consultation with the Supreme Court Collegium is committed to make the appointment process of Supreme Court and High Court Judges, transparent, fair and accountable in accordance with the Constitution of India and as mandated by Supreme Court orders dated 16.12.2015 and 04.07.2017.

: 3 :


DEPARTMENT OF JUSTICE******

LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 02nd August, 2017

Pro Bono Legal Service

2806. SHRI PRABHAKAR REDDY KOTHA


(a) whether the Government is planning to introduce any Pro Bono Legal Service platform for considering a lawyer to be elevated as a judge; and

(b) if so, the details thereof?

ANSWER

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


(a) & (b) : The Government has launched an online application procedure

(available at http://www.doj.gov.in) for interested lawyers to enroll and

volunteer for pro bono legal services. The Government has also

decided to include and recognize credible pro bono legal assistance

provided by lawyers who have registered in the platform as one of the

yardsticks to be considered for appointment as a High Court Judge. As

on date a total of 147 lawyers have enrolled in this scheme.

* * * * * *

http://www.doj.gov.in

GOVERNMENT OF INDIAMINISTRY OF LAW & JUSTICE(DEPARTMENT OF JUSTICE)

L O K S A B H A UNSTARRED QUESTION N0.2833

TO BE ANSWERED ON WEDNESDAY, THE 2nd AUGUST, 2017

Family Courts

2833. SHRI G.M. SIDDESHWARA:

Will the Minister o f LAW AND JUSTICE be pleased to state:

(a> * e P.ref,e n t co n d itio n 311(1 ro le o f fam ily courts in dealing with increasing ramily/domestic violence in the country;

^ ™ CaSt S disposed o f ^ ^ courts during the last threeyears, State/Union Territory-wise;

(c) the total number of family courts in the country, State/Union Territory-• wise, . '

(d) whether there is any fixed time limit to dispose of cases related to domestic/family violence in these courts; and

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

A N S W E R

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


(a): The role and functions o f Family Courts are governed by the Family ourts Act, 1984. Family Courts are set up by the State Governments in

consultation with the concerned High Courts from their own resources with aview to promote conciliation and to secure speedy settlement of family disputes. J

(b) and (c): The number of cases disposed off by these Courts during the last three years and the total number of Family Courts in the country, State/Union lemtory-wise is given at Annexure-I.

(d)&(e): No time limit has been fixed for disposal of cases as per the Family Courts Act, 1984. However, as per Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate shall endeavor to dispose of every application made under sub Section (1), within a period of sixty days from the date of its first hearing.

Disposal of cases is primarily the responsibility of the judiciary. In the Chief Ministers’/ Chief Justices’ Conference, 2015 directions had been issued to all High Courts to regularly monitor and take necessary steps for early disposal of such cases. 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/judges, policy and legislative measures in the areas prone to excessive litigation and emphasis on human resource development.

Annexure-I

Number of cases disposed off in Family Courts during the last three years and no. of Family Courts functional are as follows:

s.No

State Cases disposed of during the Year No. of FC functional

2014 2015 2016

1 Andhra Pradesh 6611 As on August 9, 2016 14

2 Assam, ArunachalPradesh,Nagaland,Mizoram

3085 4487 As on August 5, 2016 6

3 Bihar 13508 13756 As on November 15, 2016

39

4 Chhattisgarh 9198 13019 4984 as on August 22,2016

20

5 Delhi 11968 20923 As on November, 2016

15

6 Goa - N.A. -7 Gujarat 15910 18913 8349 as on June 30,

201634

8 Haryana 9151 11369 5589 as on June 30, 2016

9

9 Himachal Pradesh N.A. N.A. N.A. 0

10 Jammu & Kashmir

N.A. N.A. N.A. 1

11 Jharkhand 8648 - As on August 2, 2016 21

12 Karnataka 16689 16979 As on March 16, 2017 25

13 Kerala 47881 48968 24892 as on June 2016

28

14 Madhya Pradesh 24417 10797 as on June 30, 2016

50

15 Maharashtra 22812 21906 As on August 3, 2016 25

16 Manipur N.A. N.A. 6

17 Meghalaya N.A. N.A. 018 Odisha 8926 10015 As on November 25,

201624

19 Punjab 2192 as on June 30, 2016

5

20 Puducherry 616 361 105 as on July 3 1 ,1 6 2

21 Rajasthan 35163 51926 10650 as on June 30, 2016

32

22 Sikkim N.A. N.A. N.A. 4

23 Tamil Nadu 11991 13754 7709 as on June 30, 2016

20

24 Telangana 6599 7715 As on August 09, 2016

' 12

25 Tripura 586 708 844 as on April 4, 2017

3

26 Uttar Pradesh 113 2 19 132189 41553 as on March 31, 2017

76

27 Uttarakhand 5710 6585 2637 as on May 31, 2016

9

28 West Bengal 283 410 344 as on October 31, 2016

2

T o ta l: 4 8 2

LOK SABHA UNSTARRED QUESTION NO. 2841


Shortage of Female Judges

f2841. SH. KUNWAR PUSHPENDRA SINGH CHANDEL


a) whether there is shortage of female judges in the courts at all levels including Supreme Court in the country;

b) if so, the measures being taken by the Government to increase female participation in judicial process; and

c) the State-wise details of female judges in all the high Courts and the Supreme Court?


INFORMATION TECHNOLOGY (SHRI P.P. CHAUDHARY)

(a) to (c): The appointment of Judges of the Supreme Court and High Courts are made under Articles 124 and 217 of the Constitution of India respectively which do not provide for reservation for any caste or class of persons. However, the Government has requested the Chief Justices of the High Courts that while sending proposals for appointment of Judges, due consideration inter-alia be given to suitable candidates from amongst women.

A statement showing the number of women Judges working in Supreme Court and the various High Courts as on 28.07.2017 is attached at Annexure-I.



* * *

Annexure-I

Statement referred to in reply to parts (a) to (c) of Lok Sabha Unstarred Question . No. 2841 for answer on 02.08.2017.

The Number of women Judges in the Supreme Court and the High Courts/States as on 28/07/2017.

SI. No. Name of the CourtWomen Judges

A. Supreme Court of India 01

B. High Court1 Allahabad 6

2 Telangana & Andhra Pradesh 3

3 Bombay for the States of Maharashtra and Goa 11

4 Calcutta 4

5 Chhattisgarh -

6 Delhi 10

7Gauhati for the States of Asssam, Nagaland, Arunachal Pradesh and Mizoram

1

8 Gujarat 4

9 Himachal Pradesh -

10 Jammu & Kashmir -

11 Jharkhand -12 Karnataka 413 Kerala 414 Madhya Pradesh 3

15 Madras 7

16 Manipur -17 Meghalaya -18 Orissa 1

19 Patna 2

20 Punjab& Haryana 721 Rajasthan 2

22 Sikkim . 1

23 Tripura -24 Uttarakhand -

Total 69

LOK SABHA

UNSTARRED QUESTION N0.2847


Assignments for Judges Post Retirement

2847 SHRIMATI DARSHANA VIKRAM JARDOSH:


(a) whether the Government has banned Judges from taking any allied judicial assignments for minimum two years after their retirement;

(b) if so, the details thereof and the action taken by the Government on defiant judges; and

(c) if not, the reasons therefor and the steps proposed to be taken by the Government in this regard?

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE & ELELCTRONICS AND INFORMATION TECHNOLOGY


(a) No Sir.

(b) to (c): In the Constitution, there is no bar on the Judges for taking up post retirement jobs. Besides, the Chairpersons and Members in many of the Tribunals, Commissions and Authorities are required to be appointed from amongst the retired judges of the High Courts/Supreme Court or from amongst the retired judges of the State Judicial Services.




- DEPARTMENT OF JUSTICE

LOK SABHA



Condition of Employees in Judiciary

2855 SHRI SISIR KUMAR ADHIKARI:


(a) whether the lower cadre of employees working in subordinate courts across thecountry are in repressive conditions;

(b) if so, whether the Government has received any suggestions or recommendation report regarding the judiciary administrative staff to cater to

their welfare needs; .(c) the proposal of the Government for systematic redressal of their grievances,

(d) the details of vacancies/recruitment and appointment proposals of the

Government court-wise?

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE & ELELCTRONICS ANDINFORMATION TECHNOLOGY


(a) to (d): The administrative control including recruitment and terms and

conditions of service of employees working in Subordinate Courts fall

within the domain of State Governments and respective High Courts.

The Government of India has no role in this regard.



L O K S A B H A UNSTARRED QUESTION N0.2859


Evening Courts

1 2859. SHRI MANSUKHBHAI DHANJIBHAI VASAVA:SHRIMATI RAMA DEVI:


(a) whether the Government has discontinued the evening courts which used to be held in High Courts and subordinate courts;

(b) if so, the reasons therefor;

(c) the impact of the above decision on the pendency of cases in the said courts;

(d) the reaction of the Government thereto; and

(e) the steps taken by the Government to resume the sitting of evening courts?

A N S W E RMINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY


(a) to (e): The setting up of the subordinate courts which inter alia includes, evening courts and their continuance or discontinuance fall within the domain of the State Governments who in consultation with the concerned High Courts take appropriate decisions as per their need and resources. •

After the conclusion of the tenure of the 13th Finance Commission and in accordance with the resolution passed in the Conference of Chief Justices in April, 2015 and also endorsed during the CM/CJ Conference held on 24th April,

2016, morning and evening courts have been discontinued in all but three states (Delhi, Telangana & Andhra Pradesh and Tamil Nadu).

It was resolved in the Conference of the Chief Ministers of the State Governments and Chief Justices of the High Courts held on the 24th April, 2016 that the existing judicial infrastructure of the State judiciaries be utilized for setting up of morning /Evening or Holiday Courts, as the case may be, with retired judges as well. These courts may be constituted to deal with cases relating to petty offences, such as traffic cases and legal aid cases at the discretion of the High Courts.

* * * *



LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 02nd AUGUST, 2017.

Rate of Disposal of Cases

2890. SHRI RAJENDRA AGRAWAL:


(a) the details of the average disposal of cases by a High Court judge in a day;(b) whether on an average, cases have taken 10 to 15 years to be disposed of in the

High Courts;(c) if so, the reasons for such inordinate delay and whether any system has been

put in place for timely disposal of cases and if so, the details thereof;(d) whether the Government has taken any concrete action plan to improve the rate

of disposal of the cases and efficacy of the system; and(e) if so, the details thereof along with the success achieved as a result thereof, so

far?ANSWER



(a) to (e): The average time taken for disposal of a case depends on several factors such

as category of the case (civil or criminal), complexity of the circumstances and facts

involved, nature and availability of evidences, co-operation of various stake-holders viz.

bar, investigation agencies, witnesses and litigants besides the availability of physical

infrastructure, supporting court staff and applicable rules and procedures. Hence, average

disposal of cases differs from case to case and from High Court to High Court. It may not

be practicable to compare the time taken for disposal of cases by various High Courts in

the country due to involvement of several factors. The courts operate in different

environment on account of difference in availability of infrastructure facilities, use of

technology, number of availability of Judges, docket ratio, provisions of substantive laws

and procedures in courts.

The Government does not maintain data on average disposal of cases per judge

and the average time taken for disposal. However, during the period from 01st October,

2015 to 30th September, 2016, 15.86 lakh cases were disposed off by the High Courts

having working strength of 597 Judges (as on 30.09.2016), which works out as average

disposal of 2,657 cases by a High Court Judge during this period.

Disposal of cases pending 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 / judges, policy

and legislative measures in the areas prone to excessive litigation and emphasis on

human resource development.

During the Joint Conference of Chief Ministers of States and Chief Justices of the

High Courts held at New Delhi in April 2015, reduction of pendency and backlog of cases

in courts emerged as an area which required focused attention at the High Court level.

The Chief Justices of the High Courts in the Conference held on 03rd and 04th April 2015

have resolved that each High Court shall establish an Arrears Committee, which would go

into the factors responsible for the delays and prepare an action plan to clear the backlog

of cases pending for more than five years. It was further resolved in the Conference of

Chief Justices of the High Courts held in April, 2016, that in order to ensure expeditious

disposal of cases pertaining to women, marginalized segments, senior citizens and

differently-abled, steps be taken to (a) prioritize the disposal of cases falling in these

categories within the existing court system; (b) an endeavour be made to revisit the cadre

strength of subordinate courts and, where necessary, create additional courts to deal with

such cases. As per information available, Arrears Committees have been set up by the

High Courts.

In addition to the above, following steps have also been taken by the Central

Government in the matter.

(i) The sanctioned strength of Judges of High Courts has been increased from 906

judges to 1079 judges. Total 173 posts were sanctioned between June 2014 and

May, 2016.(ii) The sanctioned strength of the subordinate judiciary has been increased from 20,174

at the end of 2014 to 22,288 in December, 2016.

I

(iii) National Legal Services Authority (NALSA) provides mechanisms for access to

justice for poor people in India, under the overall supervision of the Chief Justice of

India as the Patron-in Chief. It organised the National Lok Adalat in July, 2017.

More than 9.97 lakh cases including 5.33 lakh pending cases and 4.64 lakhs pre

litigation cases with the settlement amount of Rs.2,925 crores were disposed.

(iv) 1824 redundant Central Acts have been identified for repeal. So far, around 1200

Acts have been repealed.

(v) The Government has launched a nation-wide drive to reduce the number of cases

pending in courts by curtailing the Government litigation. The Minister of Law and

Justice has written on 10th April, 2017 to all Ministers of Central Ministries and Chief

Ministers of States to launch 'special arrears clearance drives’ to reduce pending

cases and minimize fresh litigations.

(vi) Based on the proposals received from the High Court Collegium, during the year

2016, 126 fresh appointment of Judges in High Courts and 131 Additional Judges

were made permanent, which is the highest number of appointments made in a given

year. In addition, the tenure of 22 Additional Judges of High Courts was also

extended. Besides, based on the proposal received from the Supreme Court

Collegium, 4 judges were appointed in the Supreme Court in 2016. During the

current year (2017), 05 Judges have been appointed in the Supreme Court, 75

Judges have been appointed in the High Courts and 28 Additional Judges have been

made Permanent. Besides, 08 Chief Justices have been appointed in the High

Courts.

(vii) The 14th Finance Commission has endorsed the proposal to strengthen the judicial

system in States which includes, inter-alia, establishing 1800 Fast Track Courts

(FTCs) for a period of five years for cases of heinous crimes; cases involving senior

citizens, women, children, disabled and litigants affected with HIV AIDS and other

terminal ailments; and civil disputes involving land acquisition and property / rent

disputes pending for more than five years at a cost of Rs. 4,144 Crores. The 14th Finance Commission has urged State Governments to use the additional fiscal space

provided by the Commission in the tax devolution to meet such requirements. The

Hon’ble Minister for Law and Justice has written to all Chief Ministers on 02nd May,

2017 to make available the fund recommended by the 14th Finance Commission to

judiciary and to furnish the status of the implementation of the recommendations of

the 14th Finance Commission.

(viii) As per the resolution adopted in the Joint Conference held in New Delhi on 24th April,

2016, the Government vide its letter dated 26th September, 2016 requested the State

Governments to strengthen the institutional mechanism between the State and the

Judiciary where the Chief Secretary and his team and 2 or 3 Judges of the High

Court to regularly meet and monitor utilisation of plan fund and timely completion of

infrastructure and eCourts Mission Mode project. The States have also been

requested to assist Judiciary in preparing perspective / annual plan for various

activities to be undertaken in the justice sector on account of enhanced devolution of

funds to the States under the 14th Finance Commission. In addition, the States were

requested to provide technical manpower for ICT upgradation.

(ix) The Government vide a letter dated 3rd February 2017, addressed the Chief Justices

of the 24 High Courts requesting them to advise the district judiciary to ensure

effective implementation of Section 436A Code of Criminal Procedure and ensure

periodic monitoring of the associated Undertrial Review Committee Mechanism.

(x) Commercial Courts, Commercial Division and Commercial Appellate Division of High

Court Act, 2015 has been notified on 1st January, 2016 to have a streamlined

procedure for the conduct of cases in the Commercial Division and in the Commercial Court by amending the Code of Civil Procedure, 1908 (CPC) for commercial cases

so as to improve the efficiency and reduce delays in disposal of commercial cases.

(xi) Necessary amendments have been made to Arbitration and Conciliation Act, 1996 to

make the award within 12 months, to resolve the dispute through fast track

procedure, to ensure neutrality of arbitrators, and to restrict usage of the term ‘Public

Policy of India’ (as a ground for challenging the award).

(xii) The Negotiable Instruments (Amendment) Act 2015 has been notified to clarify the

jurisdiction where cases pertaining to dishonour of cheques may be filed and provide

for transfer of cases to the appropriate jurisdiction and consolidation of multiple cases

filed in different courts.

(xiii) The Minister of State for Law and Justice vide letter dated 7th February 2017,

addressed the Chief Justices of all the High Courts requesting them to speed up the

process of implementation of e-Court Project for actualising the objectives of the

Project.

(xiv) The Government has approved a scheme of engaging 227 Nyaya Mitras in States

where there are large number of pendency of court cases. The Nyaya Mitras are

required to assist the litigants who are suffering due to delay in investigations or trial,

by actively identifying such cases through the National Judicial Data Grid (NJDG).

These Nyaya Mitras are meant to identify the bottlenecks due to which these cases

are delayed.

(xv) The Government has also approved ‘two legal aid and empowerment’ initiatives: Pro

bono legal services and Tele Law service. Under the Pro bono legal services an

online database of lawyers and eligible litigants has been created. As on date 140

lawyers have enrolled under the scheme to provide free legal aid to marginalized

persons. Under the Tele Law service, legal aid is mainstreamed through 1800

Common Services Centres in selected Panchayats in U.P., Bihar, States of North

East and J & K. As on date a total of 568 cases have been registered in Tele Law

portal for legal aid.

(xvi) In pursuance of resolution passed in the Chief Justices’ Conference held in April,

2015, High Courts have set up Arrears Committees to clear the backlog of cases

pending for more than five years. The Supreme Court has also constituted an

Arrears Committee consisting of two Hon’ble Judges to formulate steps to reduce

pendency of cases in High Courts and District Courts.

(xvii) The Minister of State for Law and Justice has also written to all Chief Ministers on

July 19, 2017 to use additional fiscal space provided by 14th Finance Commission to

set up Special Courts especially for handling cases pertaining to the crimes against

women.***************

LOK SABHA



Inconvenience to Common Man

+2925 SHRI ANANTKUMAR HEGDE:




(a) whether complaints have been received by the Government regarding inconvenience being caused to the common man due to our judicial system:

(b) if so, the facts in this regard and the number of complaints received by the Government during each of the last three years;

(c) whether the Government is considering the proposal of constituting any additional department for the redressal of these complaints; and

(d) if so, the time by which it is likely to be done?

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE & ELELCTRONICS AND INFORMATION TECHNOLOGY


(a) to (d): Complaints from members of general public against judicial system are received by the Government from time to time which are forwarded to Secretary General, Supreme Court of India/ Registrar General of the concerned High Court, as the case may be, for further action, as appropriate. Complaints relating to legal assistance are forwarded to National Legal Services Authority/ State Legal Services Authorities.

Complaints received from various sources through online Public Grievances Portal pertained against Judges, Advocates ahd Court Staff; inordinate delay by the Courts and miscellaneous including requests for legal aid. Number of the complaints received during 2014, 2015 and 2016 are 512, 4008 and 6698 respectively. This portal is run by a separate

Contd...p.2/-

-2-

Department viz. Department of Administrative Reforms and Public Grievances for all Ministries/Departments of Government of India.

Judiciary is an independent organ of State and Government does not interfere in its functioning. In-house grievance disposal mechanism exists in Supreme Court and every High Court where the grievances are examined and appropriate action taken.

LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 02nd AUGUST, 2017.

All India Judicial Service

2927. SHRI A. ANWHAR RAAJHAA:DR. UDIT RAJ:SHRIMATI RANJANBEN BHATT:SHRI VIRENDER KASHYAP:


(a) whether the Government has proposal for creation of an All India Judicial Service (AIJS) with reservation for SCs/ STs, OBCs and women;

(b) if so, the details and the status thereof;(c) whether the Government has recently sought an opinion of the Auditor General

of India for the same; and(d) the rationale behind creation of such service?

ANSWER





(a) to (d): 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 on the

proposal of AIJS have been sought from the State Governments, High Courts and others,

including Attorney General of India.

All India Judicial Service besides attracting some of the best talent in the country

may also facilitate inclusion in judiciary of competent persons belonging to underprivileged,

marginalised communities and women and also bring the State officers from other parts of

the country having different cultural background and speaking other language from that of

the State of allotment. By this, greater national integration will be promoted, standards of

governance will be established and knowledge of judicial administration from other parts of

the country will be shared. 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.***************


DEPARTMENT OF JUSTICE ******

LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 02nd August, 2017

Access to Justice Project

+ 2938. SHRI A T NANA PATILSHRI RAOSAHEB DANVE PATIL SHRI DEVJI M PATEL:

Will the Minister of LAW AND JUSTICE

be pleased to state:

(a) the names of the States where “Access to Justice Project is being run by the

Government of India in collaboration with the United Nations Development

Programme (UNDP);

(b) the details thereof for Maharashtra and Rajasthan, district-wise ;

(c) whether the Government proposes to implement this programme in other districts of

the country;

(d) if so, the time by which it is likely to be implemented?

(e) whether the Government has launched/proposes to launch a Tele Law programme for

providing free legal assistance;

(f) if so, the details, thereof; and

(g) whether the Government proposes to implement this programme in other States of the

country also and if so, the time by which it is likely to be implemented?

ANSWER



(a) The Access to Justice Project is being implemented by the Government of India in

collaboration with the United Nations Development Programme(UNDP) in eight

States, namely, Rajasthan, Uttar Pradesh, Jharkhand, Chhattisgarh, Madhya Pradesh,

Maharashtra, Bihar and Odisha.

-2-

(b) In Maharashtrajprojects on Law School based Legal Aid Clinicjand Socio Legal Cells

for Juvenile Justice have been set up in collaboration with Tata Institute of Social

Sciences. The Socio Legal Cells for Juvenile Justice have been set up in 06 districts of

Maharashtra, namely, Mumbai (urban), Mumbai (sub-urban), Pune, Yavatmal, Thane

and Amravati. At present no project is being implemented in Rajasthan.

(c) & (d) A Legal Aid Clinic Project is being implemented in three districts of Odisha and

a Legal Literacy Project through State Resource Centre is being implemented in 67

districts of Uttar Pradesh. The Government has not taken any decision at present to

implement this project in other districts of the country.

(e) The Government has launched a Tele Law scheme for providing free legal assistance

to poor and marginalized persons in the States of Uttar Pradesh, Bihar, North East

Region and Jammu & Kashmir.

(f) The Tele Law Scheme aims to provide quality legal advice to the marginalized

community through video conferencing facility available at the Common Services

Centers (CSC) at gram panchayat level. Nearly 1800 para legal volunteers are being

trained to assist the marginalized applicants for legal advice and referral through

expert panel of lawyers placed with State Legal Service Authorities.

(g) There is no proposal at present to extend this scheme to other States of the country.

******



LOK SABHA

STARRED QUESTION NO. 335.

TO BE ANSWERED ON WEDNESDAY, THE 9th AUGUST, 2017.

Common Service Centres

335. SHRIMATI POONAM MAHAJAN: PROF. RAVINDRA VISHWANATH GAIKWAD:


(a) whether the Government has launched an initiative to use Information Technology in order to streamline legal aid in rural areas of the country and if so, the details thereof including plans, if any, to attract legal aid clinics, lawyers and NGOs towards using Common Service Centres (CSCs) to provide assistance to rural citizens;

(b) whether the Government plans to provide infrastructure and hardware such as internet connections, video cameras, etc. to support tele-conferencing from CSCs and reduce financial burden on rural citizens and if so, the details thereof;

(c) whether the Government will also utilise the CSCs and online platform to provide court lawyers for those persons in rural areas who may be embroiled in court cases and if so, the details thereof;

(d) the number of States linked with CSCs during the first phase of legal assistanceto common people along with the time by which the remaining States are likely to be linked with such CSCs; and •

(e) the details of CSCs functioning in rural areas of the country, State-wise, and the response of rural people towards these CSCs along with the impact of these centres on lower judiciary?

ANSWER

MINISTER OF LAW AND JUSTICE & ELELCTRONICS AND INFORMATIONTECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

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

STATEMENT REFERRED TO IN REPLY TO PART (a) to (e) OF LOK SABHA STARRED

QUESTION NO. 335 DUE FOR ANSWER ON AUGUST 9th, 2017

The Government has launched a 'Tele Law" scheme on pilot basis, in select districts of UP, Bihar, North East and Jammu and Kashmir. The aim is to enable greater access to legal advice especially to people living in villages through the use of information technology. Poor and marginalised persons like SC/ST, women, senior citizens, victims of natural calamities, industrial workers, persons with disabilities, persons with low incomes etc. as mentioned in section 12 of the Legal Services Authority Act 1987 are eligible for legal advice under the scheme. The scheme is operationalized through the Ministry of Electronics & IT's Common Services Centres (CSCs), with special focus on those located at gram panchayat level. Lawyers have been engaged by the State Legal Services Authorities and the CSCs to provide legal advice to people through existing video conferencing facilities available at the CSCs. Para Legal Volunteers and Village Level Entrepreneurs (VLEs) have been trained to efficiently implement the scheme. In the first phase 500 CSCs each in UP and Bihar and 800 CSCs in eight states of North East and Jammu and Kashmir have been selected for implementing this scheme as a pilot scheme. All these CSCs are adequately equipped with facilities like infrastructure and hardware such as internet connections, video cameras etc. to support teleconferencing and video conferencing. The details of State-wise CSCs is given at Annexure-I.

The Tele Law scheme is meant to supplement the existing legal aid services provided by Legal Services Authorities present at various levels across the Country who provide panel lawyers to eligible litigants free of cost. Since the scheme is launched in mid-April, 2017, as a pilot scheme, it is premature to expand in other States. As far as inclusion of legal aid clinics, NGOs and lawyers are concerned, as stated above in the scheme of things, no modification in the scheme is required as of now.

It is too early to conduct a study by the Ministry to measure the impact as the scheme has just been launched. However, the response of the rural people to the scheme is found very encouraging as nearly 1100 people have registered under the scheme for legal advice. The State-wise break-up is given at Annexure-ll.

, ANNEXURE -ITotal No. of CSCs Functional at Gram P&nchayat level as on 30.07.2017

S. No. State .... No. of CSCs

1 Andhra Pradesh 3119

2 Arunachal Pradesh 44

3 Assam 1559

4 Bihar 11960

5 Chhattisgarh 7940

6 Goa 30

7 Gujarat 13885

8 Haryana 4923

9 Himachal Pradesh 1952

10 Jammu & Kashmir 900

11 Jharkhand 5295

12 Karnataka 2333

13 Kerala 1111

14 Madhya Pradesh 11873

15 Maharashtra 17788

16 Manipur 207

17 Meghalaya 74

18 Mizoram 176

19 Nagaland 138

20 Odisha 5599

21 Punjab 3464

22 Rajasthan 14878

23 Sikkim 23

24 Tamil Nadu 4646

S. No. State • No. of CSCs

25 Telangana 2855

26 Tripura 322

27 Uttar Pradesh 35804

28 Uttarakhand 3853

29 West Bengal 6330

State Total 163081

Union Territory

1 Andaman & Nicobar 20

2 Chandigarh 21

3 Dadra & Nagar Haveli 9

4 Daman and Diu 1

5 Delhi 0

6 Lakshadweep 2

7 Puducherry 92

UT Total 145

GRAND TOTAL 163226

STATE-WISE CASES REGISTERED IN TELE LAW PORTAL SEEKING LEGAL ADVICE

ANNEXURE-II/ V

Sr No. Name of State No. of cases registered1 Assam 1792 Bihar 143 J&K 8014 Manipur 155 Meghalaya 16 Mizoram 27 Nagaland 38 Sikkim 19 Tripura 110 UP 83

Total 1100

LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 9™ AUGUST, 2017

Mutual Legal Assistance Treaty

3700 KUMARI SUSHMITA DEV:

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

(a) Whether the Minister is aware of the procedural hurdles imposed on investigations of cyber crimes due to need of the Mutual Legal Assistance Treaty (MLAT) in most cases and if so, the details thereof and the steps being taken by the Government in this regard;

(b) the guidelines developed for cyber investigation in India with particular emphasis on the steps taken to facilitate and ease investigation when the concerned intermediaries and websites have headquarters outside India; and

(c) the alternatives being considered to the MLAT to aid investigations and obtain cyber data in concerned cases?

ANSWER

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


(a) to (c): As per the information received from the National Security

Council Secretariat, the law enforcement, intelligence and security agencies

in the country face severe problems in obtaining information/data relating to

cyber crimes/frauds/terrorism from organizations storing related information

on ICT Infrastructure installed outside the country. Such companies deny

information to the Government of India and its agencies on the pretext that

such data, which is hosted outside the country, is prohibited to be shared



under the existing Laws. The Government of India has been taking up the

issue relating to exchange of information pertaining to cyber

crime/frauds/security with other countries time and again. Presently, certain

metadata pertaining to cyber transactions which originates from India and

belongs to India is only shared by the foreign internet companies with

Government and its agencies.

The Ministry of Home Affairs has set up a Committee to hold

discussions with the foreign internet companies operating in India or

providing service in India for exchange of metadata and sharing of

technologies for law enforcement purposes. In addition, the Government is

in continuous dialogue with other countries to reform and streamline the

procedures relating to Mutual Legal Assistance Treaty, particularly where

cyber cases are involved, for expeditious exchange of information.

***


DEPARTMENT OF JUSTICE******

LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 9th AUGUST, 2017

Accessibility of Legal Service

3739. SHRI K. PARASURAMAN:SHRI Y.V. SUBBA REDDY:


(a) whether the Government is concerned about the hurdles to common citizen for accessibility of legal services;

(b) if so, whether the Government has already initiated free legal services scheme in the country;

(c) if so, the details thereof and the total number of legal services centres established by the Government, State-wise and the financial assistance provided to the States during the last three years in this regard;

(d) whether the Government has taken any efforts to ensure that legal aid reach the poor of the country and people in rural areas and if so, the details thereof; and

(e) whether the Government has launched or planning to launch digital and mobile courts and if so, the details thereof ?

ANSWER

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


(a) to (d) The Legal Services Authorities Act, 1987 envisages setting up of legal services institutions at all levels from the level of taluk courts to the Supreme Court.

Free legal services are provided to all eligible categories of persons under Section 12 of the Act. The free legal services include payment of court fees, charges for drafting, preparing and filing of any legal proceedings and representation by a legal practitioner in legal proceedings etc. During the financial year 2016-17, more than 5.47 lakh persons have benefited through legal aid services in the country. A total number of 21, 405 legal services clinics have been established in the country as on 31.01.2017. Statement showing details of legal services clinics set up state wise is given at Annexure.

The Government has also launched three new legal aid and empowerment schemes, namely, Tele-Law, Nyaya Mitra and Pro-Bono legal services recently for poor and marginalized persons.

Annual Grants allocated to the State Legal Services Authorities during the last three years are Rs. 53.41 crores, Rs. 57.04 crores and Rs. 110.09 crores respectively.

(e) There is no proposal to launch digital and mobile courts. However, under eCourts Mission Mode Project, nearly 16, 000 courts in the country have been computerized.

VAnnexure

Statement as referred to in reply to parts (a) to (d) of the Lok Sabha Unstarred Question No. 3739 for 09.08.2017 regarding Accessibility

of Legal Services.

State-wise details of f Legal Services Clinics established in the country ason 31.01.2017.

S.No. Name of the SLSAs Number of Legal Services Clinics established as on

31.01.20171 Andhra Pradesh 7092 Arunachal Pradesh 153 Assam 1994 Bihar 3985 Chhattisgarh 4586 Goa 1167 Gujarat 6538 Haryana 5199 Himachal Pradesh 105110 Jammu & Kashmir 21211 Jharkhand 41012 Karnataka 62513 Kerala 89814 Madhya Pradesh 84515 Maharashtra 75016 Manipur 3717 Meghalaya 12818 Mizoram 7919 Nagaland 11720 Odisha 52421 Punjab 32622 Rajasthan 586923 Sikkim 3424 Tamil Nadu 79725 Telangana 36826 Tripura 17827 Uttar Pradesh 363028 Uttarakhand 25529 West Bengal 1013

30Andaman and Nicobar Islands 30

31 U.T. Chandigarh 2032 Dadra and Nagar Haveli 1433 Daman & Diu 1134 Delhi 5135 Lakshadweep 136 Puducherry 65

Total 21405

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON WEDNESDAY, THE 9th August, 2017

Single Window Service

3774. SHRI ANOOP MISHRA :

SHRIMATIKIRRON KHER:


(a) whether sub-registrar offices in the NCT of Delhi do not have single window service for registration and amendment related formalities for any non-governmental organization and if so, the reasons therefor;

(b) whether these offices still take months for any small amendments in the registered organization;

(c) if so, whether even request of changing registered address of any organization need full amendment and takes months; and

(d) if so, the details of the assessment of office mechanism in these offices conducted and the steps being taken to streamline their functioning?


INFORMATION TECHNOLOGY


(a) to (d): As per the information received from the Revenue Department,

Government of N.C.T. of Delhi, registration of Societies/NGO, is not done

under the existing Laws. The Government of India has been taking up the

issue relating to exchange of information pertaining to cyber

crime/frauds/security with other countries time and again. Presently, certain

metadata pertaining to cyber transactions which originates from India and

belongs to India is only shared by the foreign internet companies with

Government and its agencies.

The Ministry of Home Affairs has set up a Committee to hold

discussions with the foreign internet companies operating in India or

providing service in India for (exchange of metadata and sharing of

technologies for law enforcement purposes. In addition, the Government is

in continuous dialogue with other countries to reform and streamline the

procedures relating to Mutual Legal Assistance Treaty, particularly where

cyber cases are involved, for expeditious exchange of information.

***

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE


LOK SABHA



NJAC

3826. DR. M. VEERAPPA MOILY:


(a) the number of cases for appointment of Judges recommended by the Supreme Court Collegium still pending with the Government along with the reasons therefor;

(b) the status of National Judicial Appointment Commission (NJAC) as on date; and

(c) the steps being taken by the Government to expedite the process?

ANSWER

Minister of State for Law and Justice and Electronics and

Information Technology.


(a) to (c) : During 2016, 126 fresh appointments of Judges in High Courts were made and this is the highest number of appointments made in a given year. Besides, based on the proposal received from the Supreme Court Collegium, 4 Judges were appointed in

the Supreme Court in 2016. During the current year, as on date, 5 more Judges have been appointed in the Supreme Court and 75 Judges have been appointed in High Courts. 40 names recommended by the Supreme Court Collegium for appointment as judges of High Courts are under various stages of process. .

The National Judicial Appointments Commission could not be set up because the Constitutional Bench of the Supreme Court (vide its Order dated 16.10.2015 in Writ Petition(Civil) No. 13 of 2015 filed by the Supreme Court Advocate-on-Record Association and another Vs Union of India) had, inter-alia, declared the

Constitution^inety-ninth Amendment) Act, 2014 and the National Judicial

Appointments Commission Act, 2014 as unconstitutional and void.

The appointment of Judges in the Supreme Court and High Courts is a continuous and collaborative process of the Judiciary and Executive. On account of court case regarding the National Judicial Appointments Commission from April, 2015 till the date of pronouncement of judgement i.e. 16.12.2015, regarding improvement in the Collegium system of appointment by supplementing the existing Memorandum of Procedure (MoP), no fresh appointment of Judges in the Supreme Court and High Courts were made. As the process was likely to take some time, at the initiative of the Government of India, the matter was taken up with the Supreme Court and the process of appointment of Judges was resumed.

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOK SABHA UNSTARRED QUESTION NO.3898


Age of Superannuation of Judges

3898. SHRI .RAJESH KUMAR DIWAKER


(a) whether the Government mulls over increasing the age of superannuation for the Judges of High Courts and the Supreme Court and if so, the details thereof;

(b) whether the Government plans to decrease the age-limit to 42 years from the present age- limit of 45 years for appointing Judges in High Courts and if so, the reasons therefor; and

(c) whether the Government plans to increase the number of Judges in High Courts and the Supreme Court and if so, the details thereof?

ANSWER



(a) & (b): No, Madam.

(c) : After receiving approval from the State Governments and the High Courts and with the approval of the Chief Justice of India, the Judge strength of the High Courts has been increased from 906 in 01.06.2014 to 1079 as on date.

Further, the Supreme Court in its Order dated 20.3.2017 in W.P.(C) Nos, 295 and 624 of 2016 has stated that there are a number of unfilled posts of Judges at various levels and therefore the need for increasing the number of posts of Judges will arise only after filling up of the existing vacancies.



LOK SABHA



SC/ST/OBC Judges

+3906. SHRI.CHIRAG PAS WAN DR. ANUPAM HAZRA SHRI HARINDER SINGH KHALSA


(a) the details of the Judges from the SC,ST and OBC communities working in the High Court and Supreme Court since last 15 years;

(b) whether it is a fact that the prejudice or the non-availability of the candidates from these communities are instrumental for the current situation and if so, the details thereof;

(c) whether the principle of merit governs the selection of the judges for the higher judiciary and if so, what are those standards and how these have been objectively applied in such selection since the last 10 years along with the details of cases, name-wise; and

(d) whether steps have been taken by the Government to establish the principle of meritocracy in the selection of judges in the higher judiciary and if so, the details thereof?

ANSWER



(a) to (d): Appointment of Judges of the Supreme Court and High Courts are made under Articles 124 and 217 of the Constitution of India respectively, which do not provide for reservation for any caste or class of persons. Therefore, no caste or class- wise data of Judges is maintained. The Government has, however been requesting the Chief Justices of the High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and women.

.21-

: 2

The Judges of Supreme Court and High Courts are appointed after a rigorous process of selection. The initiation of the proposal for appointment of a Judge of Supreme Court vests with the Chief Justice of India who forms his opinion in consultation with a Collegium of the four senior-most puisne Judges of the Supreme Court. Similarly the initiation of the proposal of appointment of a Judge of a High. Court vests with the Chief Justice of the concerned High Court who makes a recommendation in consultation with the two senior-most Judges of the High Court which constitute the High Court Collegium. If the Chief Minister desires to recommend

the name of any person, he should forward the same to the Chief Justice of the High Court for consideration.

A citizen is qualified for appointment as a Judge of a High Court if he has held Judicial Office in the territory of India for at least 10 years or has for at least 10 years been an Advocate of a High Court or of two or more such courts in succession. The Judges of High Court are appointed after being assessed by Judiciary on various parameters such as standing and experience, competence, Judicial potential, integrity and character. An Advocate is assessed based on his Gross Professional Income, the reported and unreported Judgments in which he has argued independently etc. The Judicial Officer is assessed by the Judiciary based on his seniority, fulfilment of prescribed age limit, Annual Performance Appraisal Reports during the last 15 years and scrutiny of the quality of Judgments passed by the officers by a Judgment Evaluation Committee.

The name-wise details of the Judges of Supreme Court and High Courts as on 1.11.2014 (Final) and as on 1.5.2017 (Provisional) along with their bio-data are available on the website of the Department of Justice which can be accessed at http://www.doi.gov.in as Judges Handbook.

The endeavour of the Government as well as the Judiciary is to ensure that the most meritorious and the most suitable candidates are appointed as Judges of Supreme Court and High Courts. The effort of the Government is to supplement the existing Memorandum of Procedure (MoP) by making the appointment process transparent, fair and accountable according to the Supreme Court Judgment dated 16.12.2015.

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