th to be answered on monday, the 24 delivery and legal...

GOVERNMENT OF INDIA

MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)

LOK SABHA

UNSTARRED QUESTION NO. 41

TO BE ANSWERED ON MONDAY, THE 24TH

NOVEMBER, 2014

National Mission for Justice Delivery and Legal Reforms

41. SHRI D. K. SURESH:

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

(a) whether the Government has been implementing the National Mission for Justice

Delivery and Legal Reforms in the country; (b) if so, the details and the salient features thereof; and (c) the achievements made under the Mission so far?

ANSWER MINISTER OF LAW & JUSTICE

(SHRI D. V. SADANANDA GOWDA)

(a) to (c): The overall goal of the National Mission for Justice Delivery and Legal Reforms

is timely delivery of justice and enhancing accountability through structural changes. The

National Mission was set up in August, 2011 and has a time frame of five years. The major

initiative under the National Mission relate to Infrastructure Development for Subordinate

1Judiciary and Computerization of Courts. The Central Government has provided financial

assistance to the tune of Rs. 2,198 crores to State Governments and Union Territories for

upgradation / construction of court complexes and residential units for judicial officers in

the last three years. Under the eCourts Project 13,323 courts have been computerized by

31st

October, 2014. Computerization of courts would enable the courts to exercise greater

control over management of cases in the docket. It will also provide designated services to

the litigants and the lawyers. In order to reduce government litigation in courts the Central

Government has encouraged the States to notify their litigation policies which contain

provisions for weeding out infructuous cases and promote dispute resolution through

alternative mechanisms. The Government has also identified the areas prone to excessive

litigation for adopting suitable policy and legislative measures

to curb such litigation. As a result of the concerted efforts made by all stake-holders the

increasing trend of pendency of cases in subordinate courts has been checked.

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

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)

LOK SABHA



NOVEMBER, 2014

Pending Court Cases

55. SHRIMATI DARSHANA VIKRAM JARDOSH:

SHRI MAHEISH GIRRI: SHRI BADRUDDIN AJMAL: SHRI YOGI ADITYA NATH:

SHRI BHAIRON PRASAD MISHRA: SHRI VENKATESH BABU T.G.:

SHRI SHIVKUMAR UDASI: SHRI RAVNEET SINGH: SHRI PRALHAD JOSHI:


(d) whether a large number of cases are pending in various courts across the country; (e) if so, the details thereof and the reasons therefor along with the number of cases

pending and disposed of in Supreme Court, various High Courts and subordinate courts including Fast Track Courts during each of the last three years and the current year, court-wise;

(f) the sanctioned strength and vacancies of judges in these courts and the action taken by the Government to fill up these vacancies at the earliest;

(g) whether the Government has taken note of delay in the delivery of justice to the litigants for various reasons; and

(h) if so, the details thereof along with the remedial steps taken by the Government for expeditious disposal of the pending cases?



(a) to (e): The data on pendency of cases is maintained by the Supreme Court and High

Courts. As per the information available, number of cases pending and disposed of in

Supreme Court during the last three years and the current year are given below:-

Year Cases Pending Cases Disposed of

2011 58,519 73,133

2012 66,692 68,744

2013 66,349 77,085

2014 65,970 45,108 (As on 30.06.2014)

Details of cases pending and disposed of in the High Courts and District and

Subordinate Courts including Fast Track Courts during the last three years are given in

Statements at Annex – I and Annex – II.

Increasing number of state and central legislations, accumulation of first appeals,

continuation of ordinary civil jurisdiction in some of the High Courts, vacancies of Judges,

appeals against orders of quasi-judicial forums going to High Courts, number of revisions /

appeals, adjournments, indiscriminate use of writ jurisdiction, lack of adequate

arrangement to monitor, track and bunch cases for hearing are some of the main factors

responsible for pendency of cases in courts.

Details of sanctioned strength, working strength and vacancy position of Judges in

Supreme Court, High Courts and District and Subordinate Courts are given in Statements

at Annex – III and Annex - IV.

As per the Memorandum of Procedure, initiation of proposals for appointment of

Judges of a High Court rests with the Chief Justice of the concerned High Court and for

appointment of a Judge in the Supreme Court, it rests with the Chief Justice of India. The

Government is periodically reminding the Chief Justices of the High Courts to initiate

proposals in time for filling up the existing vacancies as well as the vacancies anticipated

in the next six months in the High Courts. The filling up of vacancies in the High Courts is a

continuous consultative process among the 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. For filling of vacancies in District

and Subordinate Courts, the matter is regularly pursued with High Courts / State

Governments.

Disposal of pending cases in various courts is within the domain of the Judiciary. In

order to create an enabling environment for judiciary, the Government has set up National

Mission for Justice Delivery and Legal Reforms. The major initiative under the National

Mission relate to Infrastructure Development for Subordinate Judiciary and

Computerization of Courts. The Central Government has provided financial assistance to

the tune of Rs. 2,198 crores to State Governments and Union Territories for upgradation /

construction of court complexes and residential units for judicial officers in the last three

years. Under the eCourts Project 13,323 courts have been computerized by 31st

October,

2014. Computerization of courts would enable the courts to exercise greater control over

management of cases in the docket. It will also provide designated services to the litigants

and the lawyers. In order to reduce government litigation in courts the Central Government

has encouraged the States to notify their litigation policies which contain provisions for

weeding out infructuous cases and promote dispute resolution through alternative

mechanisms. The Government is also looking into the areas prone to excessive litigation

for adopting suitable policy and legislative measures to curb such litigation.

*********

Annex-I Statement referred to in Lok Sabha Unstarred Question No. 55 regarding “Pending

Court Cases” for reply on 24th

November, 2014

Disposal and Pendency in High Courts during the year 2011, 2012 and 2013 Sr. Name of High 2011 2012 2013

Court

No. Disposal Pendency Disposal Pendency Disposal Pendency

1 Allahabad 235869 1005527 247539 1008679 236821 1043398

Andhra 67722

2 Pradesh 198214 66130 210101 58278 232459

3 Bombay 135510 362885 174020 341969 140761 349837

4 Calcutta 69486 347154 78428 362131 134938 280006

5 Delhi 43239 61210 35656 62352 35371 64652

6 Gujarat 66563 82232 63778 76009 64450 91953

7 Gauhati 34161 53255 35713 52873 30308 40912

Himachal 36512

8 Pradesh 49541 37772 55597 36455 60073

Jammu 19196

9 &Kashmir 82223 16380 82306 24916 93038

10 Karnataka 141544 172088 121624 183852 128134 196972

11 Kerala 73273 128777 78801 124061 68871 132159

12 Madras 240767 473736 246200 500374 231817 557479

Madhya 104307

13 Pradesh 229336 100281 248157 111348 261611

14 Orissa 94435 301314 81388 332910 70262 206822

15 Patna 93446 118964 91328 119191 82343 132155

Punjab & 101978

16 Haryana 243666 108266 251120 109623 262760

17 Rajasthan 166124 281306 131277 292551 127928 307640

18 Sikkim 119 67 126 63 140 120

19 Uttarakhand 11344 19263 13616 20187 15661 20686

20 Chhattisgarh 23215 50163 27817 47751 28206 44139

21 Jharkhand 25472 61277 30030 61957 25970 72958

22 Tripura - - - - 4379 5834

23 Manipur - - - - 2677 3853

24 Meghalaya - - - - 1418 1189

Total 1784282 4322198 1786170 4434191 1771075 4462705

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

Annex-II Statement referred to in Lok Sabha Unstarred Question No. 55 regarding “Pending


November 2014 Pendency of Cases in District and Subordinate Courts in the years 2011, 2012 and 2013

S.No. Name of State 2011 2012 2013 / UT Disposal Pendency Disposal Pendency Disposal Pendency

1. Andhra 604396 945737 606447 924943 514867 983882 Pradesh

2. Arunachal 7854 6305 7355 6200 7444 6076 Pradesh

3. Assam 210480 259596 239706 253428 314672 248472 4. Bihar 287634 1607306 304786 1711380 315361 1807782 5. Chhattisgarh 156909 271406 162104 272523 179065 269116 6. Goa 23438 30057 33886 30131 30717 31703 7. Gujarat 1035541 2183026 1072123 2174691 1137159 2226371 8. Haryana 576094 588812 733591 564285 608315 555669 9. Himachal 212662 189549 246052 224563 293575 258791

Pradesh

10. Jammu & 275193 206308 291100 191144 307192 175647 Kashmir

11. Jharkhand 114743 292215 123777 299265 116748 307853

12. Karnataka 955321 1128996 1035706 1138703 1017437 1190335

13. Kerala 992374 1060056 1112342 1240164 1171821 1354379

14. Madhya 1186416 1089195 1217733 1091221 1273437 1097658 Pradesh

15. Maharashtra 2624928 3275954 2048255 2977306 1710180 2884398 16. Manipur 13530 9844 14572 14381 16189 12907 17. Meghalaya 1970 3181 2982 4103 3284 4441 18. Mizoram 9044 4412 11747 3569 10270 3100 19. Nagaland 2979 4405 3179 3586 3062 3318 20. Orissa 318634 1153517 300337 1185763 378159 1134448 21. Punjab 678677 553202 758927 537064 611671 523759 22. Rajasthan 1244592 1451368 1150808 1446129 1199745 1451881 23. Sikkim 1862 1194 1913 1077 2146 845 24. Tamil Nadu 1656290 1183249 1499884 1232469 1844056 1288315 25. Tripura 135571 48251 148688 55895 158838 69715 26. Uttar Pradesh 2599715 5798048 2798690 5792331 2966521 5604985 27. Uttarakhand 195773 145734 178409 164495 222318 152654 28. West Bengal & 1105367 2644869 992367 2605371 1184289 2572667

A & N Island

29. Chandigarh 161785 60116 138558 49955 153772 59712 30. D & N Haveli 3863 4977 8451 7249 3344 4712

and Daman &

Diu

31. Delhi 1159545 758478 918683 656587 957154 522167

32. Lakshadweep 0 239 96 291 93 354

33. Pondicherry 43686 26705 33899 28941 32479 30749 Total 18596866 26986307 18197153 26889203 18745380 26838861

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

Annex-III Statement referred to in Lok Sabha Unstarred Question No. 55 regarding “Pending


November 2014 Sanctioned Strength, Working Strength and Vacancies of Judges in the Supreme Court of India and the High Courts.

(As on 10.11.2014)

Sl. Name of the Court Approved Strength Working Strength Vacancies as per

No. Approved Strength

A. Supreme Court of India 31 28 03

B. High Court Pmt. Addl Total Pmt. Addl Total Pmt. Addl Total

1 Allahabad 76 84 160 67 18 85 09 66 75

High Court of Telangana

2 & Andhra Pradesh 33 16 49 21 10 31 12 06 18

3 Bombay 48 27 75 42 23 65 06 04 10

4 Calcutta 45 13 58 26 14 40 19 -01 18

5 Chhattisgarh 06 12 18 03 07 10 03 05 08

6 Delhi # 45 15 60 28 08 36 17 07 24

7 Gauhati 17 07 24 09 03 12 08 04 12

8 Gujarat 29 13 42 25 05 30 04 08 12

9 Himachal Pradesh # 10 03 13 04 03 07 06 0 06

10 Jammu & Kashmir # 13 04 17 08 01 09 05 03 08

11 Jharkhand # 19 06 25 09 04 13 10 02 12

12 Karnataka $ 47 15 62 27 05 32 20 10 30

13 Kerala 27 11 38 22 09 31 05 02 07

14 Madhya Pradesh # 40 13 53 26 08 34 14 05 19

15 Madras 45 15 60 36 08 44 09 07 16

16 Manipur 04 0 04 02 0 02 02 0 02

17 Meghalaya 03 0 03 03 0 03 0 0 0

18 Orissa $ 20 07 27 18 03 21 02 04 06

19 Patna 29 14 43 27 06 33 02 08 10

20 Punjab & Haryana # 64 21 85 31 26 57 33 -05 28

21 Rajasthan$ 38 12 50 18 10 28 20 02 22

22 Sikkim 03 0 03 02 0 02 01 0 01

23 Tripura 04 0 04 04 0 04 0 0 0

24 Uttarakhand $ 09 02 11 06 0 06 03 02 05

Total 674 310 984 464 171 635 210 139 349

# Increase of judge strength w.e.f. 01.07.2014 $ Increase of judge strength w.e.f. 14.10.2014

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

Annex-IV Statement referred to in LokSabha Starred Question No. 55 regarding “Pending


November 2014 Sanctioned Strength, Working Strength and Vacancies of Judges in District and Subordinate Courts (As on 31.12.2013) State / Union

S. No. Territory Sanctioned Strength Working Strength Vacancies

1. Uttar Pradesh 1922 1738 184

2. Andhra Pradesh 962 816 146

3(a). Maharashtra 2049 1771 278

3(b). Goa 52 43 9 3(c). Diu and Daman &

Silvasa 7 6 1 West Bengal and

4 Andaman & Nicobar 994 854 140

5. Chhattisgarh 328 286 42

6. Delhi 778 484 294

7. Gujarat 1958 1242 716

8(a). Assam 390 251 139

8(b). Nagaland 27 26 1

8(c). Meghalaya 39 26 13

8(d). Manipur 37 30 7

8(e). Tripura 102 67 35

8(f). Mizoram 65 31 34

8(g). Arunachal Pradesh 16 15 1

9. Himachal Pradesh 137 131 6

10. Jammu and Kashmir 244 226 18

11. Jharkhand 572 407 165

12. Karnataka 1079 714 365

13(a). Kerala 427 397 30

13(b). Lakshadweep 3 1 2

14. Madhya Pradesh 1421 1227 194

15(a). Tamil Nadu 972 873 99

15(b). Puducherry 21 11 10

16. Orissa 657 567 90

17. Bihar 1494 892 602

18(a). Punjab 671 436 235

18(b). Haryana 644 481 163

18(c). Chandigarh 30 20 10

19. Rajasthan 1145 849 296

20. Sikkim 18 12 6

21. Uttarakhand 257 185 72

Total 19518 15115 4403


LOK SABHA



NOVEMBER, 2014

Cases against MPs and MLAs

64. ADV. CHINTAMAN NAVASHA WANGA:

SHRI RAJAN VICHARE:


(i) whether the Government has drawn the attention of all the State Governments to the directions of the Supreme Court that cases against Public Representatives needed to be disposed of expeditiously;

(j) if so, the details thereof and the follow up action taken by the State Governments to ensure mandatory compliance of the directions of the Apex Court; and

(k) the steps taken by the Government for release of undertrials languishing in prison for a long time?



(a) & (b) : In pursuance to the directions of the Supreme Court in WP (Civil) of No.536 of

2011 in Public Interest Foundation & Others v/s UoI and another dated 10th

March, 2014,

an Advisory on Fast-Tracking of Criminal Trials against sitting MLAs & MPs has been

issued by the Ministry of Home Affairs on 24.06.2014 to all States / UTs to take steps for

ensuring the compliance of the directions of the Supreme Court. Further, the Home

Minister has also written to the Chief Ministers of all the States on 03.09.2014 regarding

use of Section 309 of the Code of Criminal Procedure (Cr.P.C.) to fast track the pending

cases against MLAs / MLCs / MPs elected from their States.

(c) : Advisory has been issued by Ministry of Home Affairs on 17.01.2013 to States / UTs

regarding use of section 436A of the Cr.P.C. to release under trial prisoners and reduce

overcrowding of prisons. The Home Minister has also written to Chief Ministers of all

States on 03.09.2014 regarding use of section 436 A of Cr.P.C. to release undertrial

prisoners and reduce overcrowding in jails of India. Further, the Supreme Court in its order

dated 05.09.2014 in Writ Petition No. 310 / 2005 – Bhim Singh Vs. Union of India & Others

relating to undertrial prisoners has issued directions for effective implementation of Section

436 A of the Cr.P.C. DG (Prisons) / IG (Prisons) of the all States / UTs have been

requested on 22.09.2014 to take necessary action to comply with the order of the

Supreme Court in the matter.

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

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

DEPARTMENT OF JUSTICE ******

LOK SABHA



NOVEMBER, 2014

Setting up of Legal Aid Clinics

133. SHRI NISHIKANT DUBEY


(a) whether the Government proposes to further strengthen the legal assistance system by setting up of legal aid clinics in all the villages in the country to help the poor segment of the society;

(b) if so, the details thereof, State/UT-wise; and

(c) the manner in which these clinics will provide free and easily accessible

legal services to poor people?

ANSWER

MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

(a) The National Legal Services Authority (Legal Aid Clinics) Regulations, 2011 already provide establishment of legal aid clinics in all villages, or for a cluster of villages, depending on the size of such villages, especially where the people face geographical, social and other barriers for access to the legal services institutions.

(b) A statement showing the number of legal aid clinics set up in villages State-wise is at Annexure.

(c) The aim of the Scheme is to provide an inexpensive local machinery for rendering legal

services of basic nature like legal advice, drafting of petitions, notices, replies, applications and other documents of legal importance. In cases where legal services of a higher degree are required, the matter can be referred to the legal services institutions established under the Legal Services Authorities Act, 1987 for further legal assistance from panel lawyers. If the lawyers feel that if any dispute can be resolved

through any of the Alternative Dispute Resolution(ADR) mechanisms, they may refer such dispute (s) to the legal services institutions having territorial jurisdiction or to the District ADR centre.

Annexure STATEMENT AS REFERRED TO IN REPLY TO PART (b) OF THE LOK SABHA UNSTARRED QUESTION NO.133 FOR 24.11.2014 PUT DOWN BY SHRI NISHIKANT DUBEY REGARDING SETTING UP OF LEGAL AID CLINICS.

(Statement showing the number of Lega Aid Clinics setup in villages, State-wise for the period upto 30.04.2014)

S.No. Name of the State Authority Village Legal Care and Support Centres setup in villages

1 Andhra Pradesh 1185

2 Arunachal Pradesh 2

3 Assam 115

4 Bihar 274

5 Chhattisgarh 223

6 Goa 74

7 Gujarat 922

8 Haryana 561

9 Himachal Pradesh 49

10 Jammu & Kashmir 77

11 Jharkhand 332

12 Karnataka 164

13 Kerala 659

14 Madhya Pradesh 1064

15 Maharashtra 370

16 Manipur 3

17 Meghalaya 54

18 Mizoram 32

19 Nagaland 50

20 Orissa 189

21 Punjab 267

22 Rajasthan 248

23 Sikkim 20

24 Tamil Nadu 689

25 Tripura 73

26 Uttar Pradesh 2373

27 Uttarakhand 11

28 West Bengal 377

29 Andaman & Nicobar Islands Not received

30 Chandigarh U.T 6

31 Dadra & Nagar Haveli U.T. 12

32 Daman & Diu 7

33 Delhi 11

34 Lakshadweep 1

35 U.T. of Puducherry 37

GOVERNMENT OF INDIA

MINISTRY OF LAW & JUSTICE

(DEPARTMENT OF JUSTICE)

LOK SABHA



NOVEMBER, 2014

Cases Disposed of by Gram Nyayalayas

†171.SHRI COL. SONARAM CHOUDHARY:


(l) the various steps being taken by the Government in the direction of judicial reforms, modernisation and infrastructural development in the judiciary along with the achievements made thereunder so far;

(m) whether the Gram Nyayalayas Act, 2008 authorises Gram Nyayalayas to conduct mobile courts for speedy disposal of cases to provide speedy justice to rural people;

(n) if so, the details thereof; (o) the number of cases reported / disposed of by the Gram Nyayalayas during each of

the last three years and the current year, State-wise; and (p) the steps taken by the Government to make Gram Nyayalayas more effective?



(a): The overall goal of the National Mission for Justice Delivery and Legal Reforms is

timely delivery of justice and enhancing accountability through structural changes. The

National Mission was set up in August, 2011 and has a time frame of five years. The major

initiative under the National Mission relate to Infrastructure Development for Subordinate

Judiciary and Computerization of Courts. The Central Government has provided financial

assistance to the tune of Rs. 2,198 crores to State Governments and Union Territories for

upgradation / construction of court complexes and residential units for judicial officers in

the last three years. Under the eCourts Project 13,323 courts have been computerized by

31st

October, 2014. Computerization of courts would enable the courts to exercise greater

control over management of cases in the docket. It will also provide designated services to

the litigants and the lawyers. In order to reduce government

litigation in courts the Central Government has encouraged the States to notify their

litigation policies which contain provisions for weeding out infructuous cases and promote

dispute resolution through alternative mechanisms. The Government has also identified

the areas prone to excessive litigation for adopting suitable policy and legislative measures

to curb such litigation. As a result of the concerted efforts made by all stake-holders the

increasing trend of pendency of cases in subordinate courts has been checked.

(b) to (e) : In terms of section 3 (1) of the Gram Nyayalayas Act, 2008, the State

Governments may establish Gram Nyayalayas at intermediate Panchayat level in

consultation with the respective High Courts with a view to provide access to justice to

citizens at their doorsteps. Further, in terms of Section 9 of the Act, the Nyayadhikari shall

periodically visit the villages falling under his jurisdiction and conduct trial or proceedings

at any place which he considers is in close proximity to the place where the parties

ordinarily reside or where the whole or part of the cause of action had arisen, provided that

where the Gram Nyayalaya decides to hold mobile court outside its headquarters, it shall

give wide publicity as to the date and place where it proposes to hold mobile court.

Central Government has been encouraging the States to set up Gram Nyayalaya by

providing financial assistance within the prescribed norms. The details of cases settled by

Gram Nyayalayas are however not maintained centrally.

Central Government has been making regular requests to the Chief Ministers of

States and Chief Justices of High Courts for establishment of Gram Nyayalayas in the

respective States. The issues affecting the implementation of Gram Nyayalayas Act were

discussed in the Conference of Chief Justices of the High Courts and Chief Ministers of

the States on 07th

April, 2013. It has, inter-alia, been resolved 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



NOVEMBER, 2014

Pending Cases Related to Labour

†182.SHRI BHARAT SINGH:


(q) the total number of labour related cases pending in High courts in the country including

Uttar Pradesh; (r) whether the number of pending cases have constantly increased during the last

decade; and (s) if so, the steps taken by the Government for filling up vacant posts of judges to ensure

speedy disposal of pending cases related to labour?



(a) to (c) : Data on pendency of cases is compiled by the High Courts. Information about

pendency of cases in Civil and Criminal matters is periodically obtained from High Courts,

however, information on pendency of cases related to labour is not being obtained

separately. As per records available High Court-wise pendency of cases including

Allahabad High Court, is given in Statement annexed. As per information available, total

number of cases pending in High Courts has increased from 31.22 lakh in 2003 to 44.62

lakh in 2013.

Disposal of cases is in the domain of the judiciary. However, to enable the High

Courts to clear the backlog of cases, the Chief Justice of India has given in-principle

concurrence to the joint recommendation in the Chief Ministers / Chief Justices

Conference to increase the sanctioned strength of High Courts by 25% of the existing

strength. The High Courts and State Governments have been requested to convey their

consent to the proposal, keeping in view the existing vacancies, as also the requirements

of additional court room infrastructure, staff and budgets. Specific proposals in respect of

some of the High Courts have been received from the State Governments, and approved

by the Hon’ble Chief Justice of India. In the case of the other High Courts, the State

Governments have been reminded to expedite their concurrence.

As per the Memorandum of Procedure, initiation of proposals for appointment of

Judges of a High Court rests with the Chief Justice of the concerned High Court. The

Government is periodically reminding the Chief Justices of the High Courts to initiate

proposals in time for filling up the existing vacancies as well as the vacancies anticipated

in the next six months in the High Courts. The filling up of vacancies in the High Courts is a

continuous consultative process among the 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. For filling of vacancies in District

and Subordinate Courts, the matter is regularly pursued with High Courts / State

Governments.

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

Annexure Statement referred to in Lok Sabha Unstarred Question No. 182 regarding “Pending

Cases Related to Labour” for reply on 24th

November, 2014

Pendency of Cases in High Courts in the year 2013

S. Name of High Court Pendency of Cases as on 31.12.2013

No.

1 Allahabad 1043398

2 Andhra Pradesh 232459

3 Bombay 349837

4 Calcutta 280006

5 Delhi 64652

6 Gujarat 91953

7 Gauhati 40912

8 Himachal Pradesh 60073

9 Jammu &Kashmir 93038

10 Karnataka 196972

11 Kerala 132159

12 Madras 557479


14 Orissa 206822

15 Patna 132155

16 Punjab & Haryana 262760

17 Rajasthan 307640

18 Sikkim 120

19 Uttarakhand 20686

20 Chhattisgarh 44139

21 Jharkhand 72958

22 Tripura* 5834

23 Manipur* 3853

24 Meghalya* 1189

Total 4462705

*Operationalization of 3 new High Courts was notified on 23rd

March 2013. ****************



LOK SABHA



NOVEMBER, 2014

Cases Disposed of by Lok Adalats

+203. SHRI DEVUSINH CHAUHAN:

SHRI C.S. PUTTA RAJU: SHRI RAHUL KASWAN:


(d) the details of Lok Adalats organised in different States/UTs along with the number of cases heard, disposed off and laying pending in these Lok Adalats in various States during each of the last three years, State-wise;

(e) the details of compensation provided by the Lok Adalats during the said period;

(f) whether due to a large number of pending cases in the courts, the Government

proposes to organise Lok Adalats more than once in a year; and

(g) if so, the details thereof?

ANSWER


(a) & (b) A statement indicating details of Lok Adalats organized, cases disposed off

and compensation paid in MACT during each of the last three years, State-wise

is attached as Annexure.

(c) & (d) National Legal Services Authority (NALSA) through the State Legal Services

Authority, Supreme Court Legal Services Committee, High Court Legal Services Committees, District Legal Services Authorities and Taluk Legal Services Committee have been organizing Lok Adalats all over country regularly either on a daily, fortnightly or monthly basis in addition to the National and Mega Lok Adalats.

Govt. of India has also issued guidelines with regard to organizing more and more Lok Adalats for disposal of cases speedily so that the system of Lok Adalats would reduce the burden of courts. Apart from the guidelines under the Legal Services Authorities Act, the National Legal Services Authority has resolved to hold two National Lok Adalat in a year.

Annexure STATEMENT AS REFERRED TO IN REPLY TO PARTS ( a) to (b) OF THE LOK SABHA UNSTARRED QUESTION NO.203 FOR 24.11.2014, PUT DOWN BY SHRI DEVUSINH CHAUHAN, SHRI C.S. PUTTA RAJU AND SHRI RAHUL KASWAN REARDING CASES DISPOSED OFF BY LOK ADLATS. (Statement showing the information of number of cases held and disposed of and Compensation paid in MACT Cases during each of the last three Calender years, i.e. 2011, 2012, 2013 and 2014(upto September, 2014).

S.No. State Legal Services No. of Lok No. Cases * Compensation No. of Lok No. Cases * Compensation No. of Lok No. Cases * Compensation No. of Lok No. Cases * Compensation Authority (SLSA) Adalat disposed of paid in MACT Adalat disposed of paid in MACT Adalat disposed of paid in MACT Cases. Adalat disposed of paid in MACT organised Cases. organised Cases. organised organised Cases.

2011 2011 2011 2012 2012 2012 2013 2013 2013 2014 (Upto 2014 (Upto 2014 (Upto Sept, Sept, 14) Sept, 14) 14)

1 Andhra Pradesh 15,996 95,926 1,26,88,70,527 15,412 2,12,933 1,59,50,55,327 14,690 2,12,933 1,85,20,47,981 9,607 72,765 1,10,99,64,898

2 Arunachal Pradesh 20 8 10,00,000 11 15 5,00,000 34 624 30,15,000 1 83 -

3 Assam 73 3,864 4,22,99,900 65 4,731 18,09,98,657 52 62,114 29,35,61,768 32 28,661 16,19,52,960

4 Bihar 2,545 61,221 4,67,50,361 2,345 49,448 2,58,40,498 2,209 42,410 4,96,96,139 784 30,692 6,19,61,481

5 Chhattisgarh 1,731 6,663 16,16,89,821 2,135 6,913 5,53,52,360 2,039 7,68,845 53,18,28,712 1,638 62,519 7,69,53,064

6 Goa 67 181 13,60,000 99 2,169 19,55,000 123 654 3,02,18,633 37 1,015 1,47,11,000

7 Gujarat 10,189 3,65,012 1,01,26,37,295 10,411 1,74,197 67,19,24,677 10,973 2,23,270 1,39,93,55,309 7,892 94,876 82,61,83,785

8 Haryana 1,437 50,587 16,53,84,600 2,586 51,438 15,69,12,751 3,169 1,94,594 26,02,15,350 45,973 1,76,721 26,01,55,947

9 Himachal Pradesh 576 9,507 1,04,66,030 417 5,332 36,29,66,951 732 25,995 8,28,25,774 1,028 24,623 1,93,13,000

10 Jammu & Kashmir 516 13,474 12,06,83,780 568 10,861 13,70,90,999 597 63,659 32,14,02,109 268 7,099 5,34,92,449

11 Jharkhand 4,744 39,631 5,05,21,118 2,607 36,089 4,15,62,738 1,360 1,44,989 12,90,63,232 2,458 41,965 7,39,51,299

12 Karnataka 30,642 2,13,015 48,04,35,821 16,206 1,08,243 20,65,25,139 18,788 1,73,226 1,07,41,14,086 18,395 1,99,821 1,13,59,73,427

13 Kerala 3,727 25,026 55,81,15,285 4,148 25,044 55,54,14,011 4,616 44,455 1,00,00,03,685 2,806 37,122 42,60,17,623

14 Madhya Pradesh 1,337 14,07,820 3,20,02,53,224 1,428 28,22,459 86,81,57,835 1,683 20,52,228 1,20,23,82,705 1,247 20,088 45,77,49,755

15 Maharashtra 3,454 4,57,425 1,29,74,66,240 2,887 5,97,123 1,19,92,01,504 2,279 4,38,018 2,87,84,85,884 1,854 2,16,367 80,58,41,101

16 Manipur 4 84 69,28,000 3 77 57,82,500 16 932 3,79,97,000 6 322 -

17 Meghalaya 19 450 1,01,64,413 7 137 - 23 1,000 1,25,000 17 383 -

18 Mizoram 32 49 - 16 64 - 43 402 - 65 249 -

19 Nagaland 44 248 2,71,49,716 58 276 1,16,30,000 27 1,737 3,15,79,000 15 171 5,00,000

20 Odisha 727 2,37,042 43,97,22,776 846 1,91,774 46,65,27,547 1,054 3,74,443 79,50,20,629 702 83,045 25,88,55,801

21 Punjab 3,473 78,524 7,19,89,443 3,295 2,18,051 10,65,36,343 3,388 3,67,160 25,13,70,480 2,451 28,336 87,37,184

22 Rajasthan 18,001 2,56,427 1,06,10,56,656 21,037 1,95,246 43,87,24,849 25,804 3,20,058 1,20,63,57,455 15,350 2,11,541 86,94,96,985

23 Sikkim 141 677 - 173 931 - 239 1,152 - 263 567 -

24 Tamil Nadu 5,188 79,714 1,76,14,23,620 4,965 78,142 2,54,02,18,820 5,733 14,59,974 14,08,00,25,337 4,104 15,75,721 3,83,10,47,200

25 Telangana - - - - - - - - 2,084 15,421 40,32,44,710 26 Tripura 88 7,813 1,37,62,800 82 8,245 1,61,07,490 225 26,435 3,42,06,230 108 18,553 88,89,350

27 Uttar Pradesh 2,833 4,52,316 30,41,33,171 3,638 6,35,338 41,08,73,254 3,692 16,61,425 1,28,00,90,023 1,960 6,27,403 42,40,39,180

28 Uttarakhand 203 44,673 9,22,12,734 189 31,840 6,22,13,537 180 55,797 10,03,06,227 148 21,799 3,29,33,155

29 West Bengal 1,323 28,473 23,97,55,111 1,462 3,71,153 22,83,53,591 1,564 4,03,009 36,66,74,310 1,035 4,39,128 29,24,31,096

30 Andaman and Nicobar 62 2,659 25,02,000 31 0 16,10,000 8 2,048 - 4 - -

31 U.T. Chandigarh 961 32,459 8,13,97,191 830 47,828 3,77,20,859 804 79,459 8,67,14,731 469 24,426 12,63,36,426

32 Dadra and Nagar Have 2 173 - 4 132 - 2 117 - - - -

33 Daman and Diu 1 - 4,98,000 7 5 0 6 1,654 - 4 146 -

34 Delhi 1,113 1,54,314 14,59,38,106 1,252 1,63,589 11,47,47,503 1,200 4,09,541 24,20,64,129 763 59,550 18,58,29,951

35 Lakshadweep 115 97 - 65 5 0 68 - - 13 - -

36 Puducherry 107 10,092 87,34,000 102 1,266 4,16,23,897 102 19,130 6,90,75,988 59 6,508 4,89,87,600 * Details of Compensation paid other than MACT matters are not maintained in this Authority.


DEPARTMENT OF JUSTICE

******

LOK SABHA

STARRED QUESTION NO, 263

TO BE ANSWERED ON THURSDAY, THE Urn DECEMBER~ 2014

Legal Aid to Poor

'"263. SHRIMATI POONAM MAHAJAN; SHlU RABINDRA KUMAR JENA:

Will the Minister of LA Vv AND JUSTICE be pleased to state:

(a) whether free legal aid is provided to the poor and wealcer sections of the society;

(b) if so, the details thereof including the types of legal services being rendered and the eligibility criteria for availing the said services;

( c) the funds allocated and utilised for the purpose during each of the last three years and the current year;

( d) the number of persons benefited as a result thereof during the said period; and

( e) whether the Government has set up or proposes to set up any institutes for paralegal services and if so, the details thereof?

ANSWER


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

STATEMENT REFERRED TO IN REPLIES TO PARTS (a) TO (e) OF LOK SABHA STARRED QUESTION NO. 263 FOR ANSWER ON HnJI DECEMBER, 2014,

The Legal Services Authorities Act, 1987 has been enacted to provide free legal services to the poor and also weaker sections of the society such as, members of SC/ST, women, children.

Under Section 12 of Legal Services Authorities Act, 1987 (39 of Central Act), following persons are entitled to free legal services irrespective of their economic or social status:

a) member of a Scheduled Caste or Scheduled Tribes; b) a victim of trafficking human~beings or beggax as referred to article 23 of the

Constitution; c) a woman or a child; d) a person with disability as defined in clause (i) of section 2 of the Persons with

Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (l of 1996);

e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

f) an industrial worki-nan; or g) in custody, including custody in a protective home within the meaning of clause (g)

of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a Juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause;

h) of section 2 of the Mental Health Act, 1987 (14of1987); i) a person in receipt of annual income less than rupees one lakh (in some States

Rs.50,000/-) if the case is before a court other than the Supreme Court, and less than Rs. 1,25,000/-, if the case is before the Supreme Court.

F:ree Legal Senices include:

a) Services of an advocate b) All relevant charges payable or incurred in connection with any legal proceedings c) Charges for drafting, preparing filing or any legal proceedings and representation by a

legal practitioner in legal proceedings d) Cost of obtaining any certified copy/copies of judgments, orders and other miscellaneous

expenses in legal proceedings e) Cost of preparation of paper book (including paper, printing and translation of

documents) in legal proceedi:i;igs and expenses incidental thereto.

As regards, types of legal services, it may be stated that free legal services are being rendered for Court oriented cases and also for cases of pre-litigative stage. Legal Advice is

also given for taking up cases with administrative authorities. Counselling is also rendered as part of the legal aid mechanism. The poor people are given :free legal services through

any of the methods of Alternative Disputes Resolution (ADR) Mechanism, also such as Lok

Adalat, Counselling Mediation etc. In Lok Adalat, cases are settled after obtaining consent

from both the parties. A person may approach Lok Adalat for settlement of cases either at

pre-litigation or pending cases. Legal Services also include spreading of legal awareness in communities and remote areas & legal literacy in school and colleges.

A statement showing the details of the funds allocated by National Legal Services

Authority to various States/Union Territories and the amount utilised by them during the last

three financial years viz. 2011-12, 2012-13, 2013-14 and 2014-15 (upto November, 2014), is

at Annexu:rre 'A'. The 13th Finance Corp.mission grant as allocated and utilized is attached at A:1:u:llexu:re 'B'.

A statement showing number of persons benefitted during the year 2011-12, 2012-13,

2013~14 and 2014-15 (September, 2014), is at Annexu:re 'C "'

The Government has neither set up nor proposes to set up any institute for paralegal services.

******

----~----1

Financial Budget Allocation (Rs.) Year

2011-12 Grant =45,00,00,000/-

Admn.Exp = 3,15,74,000/-

2012-13 Grant= 44,50,00,000/•

Admn Exp.= 2,72,55,000/- . ·. ~

2013-14 Grant= 100,00,00,000/-

Admn. Exp = 4,19,40,000/-

2014-15 Grant =140,00,00,000/-

Admn. Exp=4,77,00,000/-

Annexure-A

Grant given to NAL~A by the Govt. Amount Amount Administrative (Rs.) allocated to utilized by Expenses

SLSAs/Social SLSAs/Social incurred by Action Groups Action Groups. NALSA. (Rs.) by NALSA (Rs.) (Rs.)

42,39,36,325/- (grant given by Govt.) 41,90,77,500/- 15,75,03,043/- 2,22,96,076/-+ 35,63,675/- (unspent grant of previous year)+ 6,15,530/-(unspentgrant recd. From States) Total=42,81,15,530/-

39,00,00,000/-(grant given by 36,92,61,090/- 18,40,77,286/- 2,12,27,649/-Govt.)+ 90,38,030/- (unspent grant of previous year) +7,77,500 /-(unspent grant received from States) Total =39,98,15,530/-

80,44,45,560/-(grant given by Govt.) 60,38,79,420/- 27,04,69,270/- 2,36,84,684/-+ 3,53,52,632/- (unspent grant of previous year) + 49,874/- (unspent grant received from States) Total= 83,98,48,066/-

82,65,42,296/- (grant given by 8,65,70,407/Govt.)+ 23,80,72,420 /-(un.spent grant of previous year) + 2,32,131/- (fund received back from SLSAs/Social Action Groups) Total=l 06,48,46,847 /-

Information is 2,97,35,464/awaited

A11n1exu.:re~B

State wise, activity wise Release and utilization under 13t11 Finance Commission G:rants tm 31 ~t October9 2014 - Lok Adalat & Legal Aid .

In. Rs. Crnre SI.No STATE. Lok Adalat and

Legal Aid Allocation Total Released Total Utilised I

1 Andhra Pradesh 17.42 6.97 sJd I

2 A.JUnachal Pradesh 6.38 1.28

3 Assam 5.44 1.09 o.oo I 4 Bihar 25.72 7.72 o.oo I 5 Chhatdsgarh 6.55 1.31 0.07. .. '

0.181 6 Goa 0.92 0.18 i

7 Gujarat 19.34 5.80 3 I 8 · Haryana 7.39 4.44 2.87

9 Hirnachal 2.37 236 1.92

10 Jam.mu & Kashmir 3.91 1.56 1.56 I 11 Jharkhand 9.91 1.98 o.~ 12 Karnataka 16.41 6.56 14.55

13 Kerala 8.09 2.43 0.78

14 Madhya Pradesh 24.59 7.38 0.96

15 Maharashtra 35.71 10.71 5.87

16 Manipur .

0.64 0.64 0.60

17 Meghalaya 0.19 0.04 0.11

18 Mizoram 0.75 0.23 0.22

19 Nagaland 0.51 0.15 0.09

20 Orissa 9.99 3.00 1.63

21' Punjab 6.51 2.60 2.49

22 Rajasthan 15.52 6.20 3.86

23 Sikkim 0.24 0.10 0.06

24 Tamil Nadu 14.83 8.90 6.05

25 Tripura 1.51 0.60 0.45

26 Uttar Pradesh 40.90 12.27 2.41

27 Uttarakhand . 5.14 1.54 1.05

28 West Bengal 13.13 3.94 1.64

Total 300.00 101.97 58.53

(Statement §bowing the details numbeir of persons ben.efitted out of f:ree legal services th:rough Legal Aid And Advice dmring the last 03 f:mancfal years, viz. 2011-12, 2012-13 and 2013~14 and the currrent fu:umcial year 2014-15 ( Upto September, 2014).

S, No Yea:r Total

l 2011-12 1,359,502

2 2012-13 1,270,283 ,, ' 3 2013-14 2,224,492

4 2014-15 (Upto September, 2014) 1,925,103

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE


LOK SABHA


TO BE ANSWERED ON THURSDAY, THE 18TH

DECEMBER, 2014

Lok Adalats and Gram Nyayalayas

+4247. RAVINDER KUSHAWAHA


(h) the number of districts in Uttar Pradesh where Lok Adalats and Gram Nyayalayas have

been operationalised/ functioning;

(i) the steps taken/ being taken to organise/set up these courts in the remaining districts;

(j) whether the volunteers have been appointed in these courts and if so, the total number

thereof along with the honorarium paid to them during each of the last three years and the current year;

(k) whether some of these volunteers have not been paid honorarium for a long period and if

so, the details thereof along with the reasons therefor; and

(e) the steps taken/ being taken by the Government for timely payment of honorarium to

them? ANSWER

MINISTER OF LAW AND JUSTICE

(SHRI D.V. SADANANDA GOWDA)

(a) & (b) The Lok Adalats are organized under section 19 of the Legal Services Authorities Act, 1987 by State Legal Services Authorities / District Legal Services Authorities / Taluk Legal Services Committees from time to time weekly/ monthly and on special occasion. Apart from these regular and Special Lok Adalats, there are also Permanent Lok Adalats set up for settlement of cases under section 22 B of the Legal Services Authoritiers Act, 1987. The Lok Adalats are regularly being organized in the districts of Uttar Pradesh.

In terms of Section 3(1) of the Gram Nyayalayas Act, 2008, it is for the State Governments

to establish Gram Nyayalayas in consultation with the respective High Courts. A total number

of 12 Gram Nyayalayas have been notified in Uttar Pradesh. However, no gram Nyayalaya is functional.

(c) to (e) Lok Adalats are not Courts. They constitute an Alternative Dispute Resolution Mechanism. Since, no Gram Nayayalaya is functional in Uttar Pradesh, the question of appointment of volunteer and payment of honorarium to them does not arise.



LOK SABHA


TO BE ANSWERED ON THURSDAY, THE 18TH

DECEMBER, 2014

Mediation Centres and ADR

4297. SHRI CHAND NATH: SHRI RABINDRA KUMAR JENA:


(l) the number of Mediation Centres and Alternative Disputes Resolution (ADR) Centres set up in the country, State/UT-wise including Odisha;

(m) the details of funds allocated and spent thereon during each of the last three years and the current year, State/UT-wise ;

(n) the number of cases disposed of by these centres during the said period;

(o) whether the National Legal Services Authority allocates funds for the purpose and if so, the details thereof; and

(e) the number of such centres which are approved and yet to be set up in the country, State/UT-wise along with the time frame set up for the purpose?

ANSWER


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

(d) Yes, Madam. National Legal Services Authority (NALSA) allotted funds of about Rs. 6.54 crores to the State Legal Services Authorities (SLSAs) in the year 2007-08 for establishing Mediation Centres in the States. Grants aggregating to a sum of Rs. 5 crores, i.e. Rs. 3 crore during the financial year 2008-09, Rs. 1 crore each in 2012-13 and 2013-14 respectively were given to Mediation and Conciliation Project Committee (MCPC) to support mediation activities. A sum of Rs. 3.75 crore has also been given to all States/ UTs through respective State Legal Services Authorities (SLSA) during 2013-14 for mediation activities including payment of honorarium to mediators.

The 13th

Finance Commission also allocates funds for establishing for District Alternative Disputes Resolution (ADR) Centers in various States. As on 31.10.2014, an amount of Rs. 312.85 crore has been released to District ADR Centres. Out of this, Rs. 220.11 crore has been utilized. A statement showing State-wise details of funds released to District ADR and funds utilized is at Annexure-A.

********

Annexure-A

Statement as referred to in reply to part (d) of Lok Sabha Unstarred Question No.

4297 put up by Shri Chand Nath and Shri Rabindra Kumar Jena, M.P. for

answering on 18.12.2014

13th

Finance Commission State-wise release and utilization of funds

(As on 31.10.2014)

S.NO. Name of State ADR Centre

Funds Released Funds Utilized

1 Andhra Pradesh 09.38 7.26

2 Arunachal Pradesh 0.00 0.00

3 Assam 5.71 0.00

4 Bihar 12.23 0.00

5 Chhattisgarh 4.35 0.00

6 Goa 0.54 0.52

7 Gujarat 10.60 6.97

8 Haryana 19.56 13.45

9 Himachal Pradesh 11.97 9.90

10 Jammu & Kashmir 11.96 11.96

11 Jharkhand 11.96 3.61

12 Karnatala 15.76 24.32

13 Kerala 5.71 1.35

14 Madhya Pradesh 26.63 19.01

15 Maharashtra 39.96 24.34

16 Manipur 1.68 1.11

17 Meghalaya 0.27 0.00

18 Mizoram 0.82 1.29

19 Nagaland 0.00 1.03

20 Odisha 16.30 11.40

21 Punjab 7.61 9.79

22 Rajasthan 18.48 19.38

23 Sikkim 1.62 2.60

24 Tamil Nadu 24.45 16.63

25 Tripura 2.46 2.23

26 Uttar Pradesh 38.04 21.36

27 Uttarakhand 7.06 3.75

28 West Bengal 7.75 6.84

Total 312.85 220.11

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA UNSTARRED QUESTION N0.56

TO BE ANSWERED ON MONDAY THE 24.11.2014

Appointment of Judges

t56. SHRI SUDHEER GUPTA: SHRl N .K. PREMACHANDRAN : SHRl P. KARUNAKARAN: SHRI INNOCENT: SHRI RAM CHARITRA NISHAD : SHRI P.K. BIJU:


(a) whether the Government has decided to increase the present strength of judges in the Supreme Co u1i and High Courts for reducing the burden of cases in the courts;

(b) if so, the detai ls thereof along with the steps taken by the Government to ensure speedy justice to the people ;

(c) whether the Government has received any proposal from the Law Commission to change the present system of appointment of judges;

(d) if so, the details thereof and the time by which it is likely to be implemented ; and

(e) if not, the steps taken/proposed to be taken by the Government to introduce a uni form pattern for appointment of judges in various courts of the country?

(a) & (b) :

ANSWER


There is no proposal to increase the Judge Strength of the Supreme Court.

As regards the Judge Strength of the High Co urts, in the Conference of Chief Ministers of the

States and the Chief Justices of the High Courts held on i 11 Apri l, 20 13, it was inter-alia resolved

that the total sanctioned strength of each High Court (Permanent and Additional Judges) be

increased by 25% . As per this deci s ion , the Depatiment of Justice have computed up to 25%

increase of the existing st rength of judges (Pe rmanent and Additional ) for va rious High Courts .

2

The then Chief Justice of India had been consulted in the matter and he was agreeable to the

same as an interim measure . However, the proposed enhancement needs to be examined in the

context of the existing vacancies of Judges, the infrastructure and the staff required for the

enhanced strength.

After receiving the approval from the State Governments and the High Courts, the

Judge Strength of the High Courts of Delhi, Himachal Pradesh, Jammu & Kashmir, Madhya

Pradesh, Punjab & Haryana, and Jharkhand have been increased with effect from 1st July, 2014

and the High Courts of Karnataka, Orissa, Rajasthan and Uttarakhand have been increased with

effect from 14th October, 2014 with the approval of the Chief Justice of India. After

enhancement of Judge Strength of the said High Courts the Judge Strength of the High Courts

stands increased from 906 to 984.

(c) : Yes, Madam. The Law Commission in its Report No.214 (2008) has stated that the Indian

Constitution provides a beautiful system of checks and balances under Articles 124 (2) and 217

(I) for the appointment of Judges of the Supreme Court and High Courts where both the

executive and judiciary have been given a balanced role . This balance has been upset and the

original balance of power needs to be restored. The Law may be passed restoring the primacy

of the Chief Justice of India and the power of the Executive to make the appointments .

( d) & ( e) : Based on the Law Commission Report and the recommendations contained in

var io us other Reports, views of eminent jurists and other stakeholders, the existing system of

appointment of Judges in the Supreme Court and High Courts is proposed to be changed. The

Parliament has passed the Constitution (One Hundred and Twenty First Amendment) Bill , 2014,

and th e accompanying Nati onal Judicial Appointments Commission Bill , 2014 for maki ng

::irnendments to the Constitution to establish a National Judicial .Appointments Comm ission

3

(N JAC) for appointment of Judges of Supreme Court and High Courts. The National Judicial

Ap poi ntments Commission would be chaired by the Chief Justice of India. Its membership

wo uld include two senior most Judges of the Supreme Court, the Union Minister of Law and

Just ice , two eminent persons to be nominated by a committee of the Prime Minister of India, the

C hief Justice of India, and the Leader of the Opposition in the House of the People, or if there is

no Leader of the Opposition, then the Leader of the single largest Opposition Party in the House

of the People . With a view to ensuring that the composition of the National Judicial

Appointments Commission is inclusive, the B ill provides that one of the eminent persons shall

be nominated from amongst persons belonging to the Scheduled Caste, the Schedu led Tribes ,

Other Backward Classes, Minorities or Women. The Bills would be sent to the President after

the Co nstitution (One Hundred and Twenty First Amendment) Bill , 2014 is ratified by one half

of the States.





Vacant Posts of Judges

149. SHRI SHIVKUMAR UDASI: SHRI B. SRIRAMULU:


(a) whether a large number of vacant posts in the Judiciary of the country has come in the way of expediting justice access system in the country;

(b) if so, the details of the vacant posts at various levels in the Judiciary, State-wise and Court-wise; and

(c) the measures taken by the Government to fill up the vacant posts at the earliest?

ANSWER



(a) & (b) : A large number of vacant posts of Judges is one of the several reasons in slowing

down the process of expeditious disposal of cases . The vacancies of judges in the Supreme

Court of India and the High Courts are given in the Statement at Annexure. I. The vacancies

of Judges in the Subordinate Courts are given in the Statement at Annexure. II.

(c) : Pursuant to the Supreme Court Judgment of October 6, 1993 read with their Advisory

Opinion of October 28, 1998, the process of initiation of proposal for appointment of a Judge of

a High Court rests with the Chief Justice of the concerned High Court and for appointment of a

Judge in the Supreme Court, rests with the Chief Justice of India. In this arrangement, a number

of posts have remained vacant for want of proposals to fill the positions. The Government has

been periodically reminding the Chief Just ices of the High Courts to initiate proposals well in

time for filling the existing vacancies as well as the vacancies anticipated in next six months in

the High Courts.

: 2 :

Fil I ing up of vacant posts of Judges m the High Courts is a continuous

con sultative process among Constitutional authorities to select suitable candidates for higher

judiciary. While every effort is made to fill up the existing vacancies expeditiously,

vaca ncies do keep on ari s ing on account of retirement, resignation or elevation of Judges.

Under Article 235 of the Constitution of India, the administrati ve control over

the members of subordinate judiciary in the States vests with the concerned High Court.

Further, in exercise of po wers conferred under article 309 read with article 233 and 234 of

the Constitution , the State Governments frame rules and regulations in consultation w ith the

High Courts . Most of the' State Governments have framed State Higher Judicial Service

Rules/State Judici al Service Rules governing service conditions of their own judicial

officers. The Union Government does not maintain data regarding State level judic ial

offi cers as it has no direct role in this regard.

***

Annexure I referred to in reply to parts (a) & (b) of Lok Sabha Unstarred Question No.149 for answer on 24.11.2014

SI. Vacancies of

No. Name of the Court Judges as on

10.11.2014 A Supreme Court of India 03

B High Court 1 Allahabad 75 2 Telangana & Andhra Pradesh 18 " Bombay 10 .)

4 Calcutta 18 5 Chhattisgarh 08 6 Delhi 24 7 Gauhati 12 8 Gujarat 12 9 Himachal Pradesh 06 10 Jammu & Kashmir 08 11 Jharkhand 12 12 Karnataka 30 13 Kerala 07 14 Madhya Pradesh 19 15 Madras 16 16 Manipur 02 17 Meghalaya 0 18 Orissa 06 19 Patna 10 20 Punjab& Haryana 28 21 Rajasthan 22 22 Sikkim 01 23 Tripura 0 24 Uttarakhand 05

Total 349

Annexure II referred to in reply to parts (a) & (b) of Lok Sabha Unstarred Question No. 149 for answer on 24.11.2014

Vacancies of Judges in District State I Union and Subordinate Courts

S. No. Territory As on 31.12.2013 I. Uttar Pradesh 184

2. Andhra Pradesh 146

3(a) . Maharashtra 278

3(b). Goa 9 3( c) . Diu and Daman &

Si lvasa l West Bengal and

4 Andaman & Nicobar 140

5. Chhattisgarh 42

6. Delhi 294

7. Gujarat 716

8(a). Assam 139

8(b). Nagaland 1

8(c) . Meghalaya 13

8(d) . Manipur 7

8(e). T ripura 35

8(t) . Mizoram 34

8(g). Arunachal Pradesh l

9. Himachal Pradesh 6

10 . Jammu and Kashmir 18

11 . Jharkhand 165

12. Karnataka 365

l 3(a). Kerala 30

l 3(b ). Lakshadweep 2

14. Madhya Pradesh 194

15(a). Tamil Nadu 99

15(b ). Puducherry 10

16. Orissa 90

17 . Bihar 602

18(a). Punjab 235

l 8(b) . Haryana 163

l 8(c). Chandigarh 10

19. Rajasthan 296

20. Sikkim 6

21. Uttarakhand 72

Tota l 4403





Corruption in Judiciary

118. SHRI B.V. NAIK:


(a) whether the Government is aware of the rampant corruption in the judiciary;

(b) if so , the details thereof; and

(c) the action taken by the Government to remove this evil by bringing fairness , transparency and accountability in the judicial system?

ANSWER


(SHRI D.V. SADANANDA GOWDA}

(a) and (b) : Representations alleging corruption in judiciary are received by the

Government from time to time. As per the established "In-House Mechanism" for the

higher judiciary, Chief Justice of India is competent to receive complaints against the

conduct of the Judges of the Supreme Court and the Chief Justices of the High Courts .

Similarly, the Chief Justices of the High Courts are competent to receive compla ints

against the conduct of High Court Judges. The complaints/representations received are

forwarded to the Chief Justice of India or to the Chief Justice of the concerned High

Court, as the case may be , for appropriate action . Administrative control over the

members of the subordinate judiciary in the States vests with the concerned High Court

and State Government. The Central Government has no mandate to look into such

complaints or to monitor the action taken on the same.

. . 2/-

-2-

(c) : To ensure greater accountability and transparency in higher judiciary, a bill titled

"The Judicial Standards and Accountability Bill", with the aim to achieve the objectives

of creating a statutory mechanism for enquiring into individual complaints against

Judges of the High Courts and Supreme Court and recommending appropriate action ,

enabling declaration of assets and liabilities of Judges and laying down judicial

standards to be followed by Judges was considered and passed by the Lok Sabha on

29.03.2012. However, the Bill could not be discussed in the Rajya Sabha and lapsed

consequent to the dissolution of the 15th Lok Sabha.

***



LOK SABHA UNST ARRED QUESTION N0.9


Reservation for Women Judges

9. SHRI RAM CHARITRA N ISHAD : SHRI RA VINDRA KUMAR PANDEY:


(a) wheth er the number of women Judges in Supreme Court and various high courts is meagre;

(b) if so, the details thereof and the number of women Judges in Supreme Court and various high courts, State-wise and court-wise;

(c) whether there has been a demand for a minimum of 20 per cent reservation for women Ju dges in high courts;

(cl) if so . the details thereof; and

(e) the steps taken by the Government to ensure adequate representation of women Judges in the judiciary?

ANSWER



(a) & (b): Yes, Madam. A Statement showing the number of women Judges in Supreme

Court and the High Coutis as on 10.11.2014 is annexed.

(c): No, Madam.

( d) Does not ar ise .

(e) Appo intment of Judges of the Supreme Couti and High Courts is made under Articles

124 and 217 of the Co nst itution of India respectively. These Articles do not provi de for

reservation for any caste or class of persons. The Government has requested the Ch ief

Justices of the High Courts that while send ing proposals for appointment of Judges, clue

c,111sicle1·atio11 be- givc-n to suitable ccrnclidates be-longing to Scheduled Castes. Scheduled

Annexure referred to in reply to parts (a) & (b) of Lok Sabha Unstarred Question No.9 for answer on 24.11.2014

Sl. Number of women

No. Name of the Court Judges as on

10.11.2014 A Supreme Court of India 01

8 High Court l Allahabad 05 2 Telangana & Andhra Pradesh 01 3 Bombay 08 4 Calcutta 05 5 Chhattisgarh --6 Delhi 08 7 Gauhati 01 8 Gujarat --9 Himachal Pradesh --10 Jammu & Kashmir --11 Jharkhand --12 Karnataka 02 13 Kerala 01 14 Madhya Pradesh 01 15 Madras 06 16 Manipur --17 Meghalaya --18 Orissa 01 19 Patna 03 20 Punjab& Haryana 10 21 Rajasthan 03 22 Sikkim --23 Tripura --24 Uttarakhand --

Total 55

.-·




TO BE ANSWERED ON THURSDAY, THE 04.12.2014


t 1955 . SHRI YOGI ADITYA NATH:

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

(a) the procedure adopted by the Government in appointment of Judges in High Courts and Supreme Court; (b) whether the Government proposes to bring more transparency in such appointment; (c) if so , the details thereof along with the time by which it is likely to be implemented; and ( d) if not, the other steps taken/proposed to be taken in this regard?

ANSWER



(a): Every Judge of the Supreme Collli and the High Courts shall be appointed by the

President by Warrant under his hand and seal under Articles 124 and 217 of the Constitution of

India respectively. Pursuant to the Supreme Court Judgment of October 6, 1993 read with their

Advisory Opinion of October 28, 1998, the process of initiation of proposal for appointment of a

Judge of a High Court rests with the Chief Justice of the concerned High Court and for

appointment of a Judge in the Supreme Court, rests with the Chief Justice of India.

Briefly, in the case of appointment of Judges in the Supreme Court, the Chief Justice

of India (CJ!) will initiate the proposal and forward hi s recommendation to the Union Minister of

L::iw and Justice (M LJ ). The opinion of the CJ! should be formed in consultation with the

collegi um of four senior-most puisne Judges of the Supreme Court. After receipt of the

recom mendation of the CH. the MLJ wi ll put up the recommendations to the Prim e Mini ster

·1. lw '' ill ::id' ise the President in the matter of appointment.

: 2 :

In the case of High Court Judges, the Chief Justice of High Court initiates proposals

fo 1· appointment of Permanent/ Additional Judges in consultation with two senior-most

co lleagues. which constitutes the High Court Collegium. The proposals are sent by the Chief

Ju stice of the High Court to the Chief Minister of the State with a copy to Governor of the State,

Union Minister of Law and Justice and the Chief Justice of India. The Union Minister of Law

and Justice considers the recommendations in the light of such other reports as may be available

to the Government in respect of the names under consideration. After receipt of the

views/comments of the Governor/Chief Minister of the concerned State, the proposals are then

referred by the Union Minister of Law & Justice to the CJI for advice. The CJI, in consult::ltion

with the two senior-most Judges of the Supreme Court, forms the opinion with regard to the

reco rnrnendation s for appointment as a Judge of the High Court. The CJI takes into account the

views of those Jud ges in the Supreme Court who are conversant with the affairs of that High

Court. Thereafter the Union Minister of Law & Justice then puts up the recommendations of the

CJ! to the Prime Minister, who advise the President in the matter of appointment.

(b) to (d) : Based on the Law Commission Report No .214 (2008) and the recommendations

co ntained in various other Reports, views of eminent jurists and other stakeholders, the existing

system of appointment of Judges in the Supreme Court and High Courts is proposed to be

changed . The Par! iament has passed the Constitution (One Hundred and Twenty First

Amendment) Bill , 2014, and the accompany ing National Judicial Appointments Commiss ion

Bill. 20 14 fo r making amendments to the Constitution for establishing a National Judicial

Appoin tments Commiss ion (NJAC) for appointment of Judges of Supreme Court and High

Courts. The ational Judicial Appointments Commission would be chaired by the Chief Justice

of Indi a. Its me mbershi p wo uld include two senior most Judges of the Supreme Court, the Uni on

:.. li11iste 1· of Lem and Ju stice. two em inent pe rsons to be nominated by a committee of th e Prime

~

.. .) -

3

Minister of lndia, the Chief Justice of India, and the Leader of the Opposition in the House of the

People, or if there is no Leader of the Opposition, then the Leader of the single largest

Opposit ion Party in the House of the People. With a view to ensuring that the composition of the

National Judicial Appointments Commission is inclusive, the Bill provides that one of the

eminent persons shall be nominated from amongst persons belonging to the Scheduled Caste, the

Scheduled Tribes , Other Backward Classes, Minorities or Women. The Bills would be sent to

the P1-esident after the Constitution (One Hundred and Twenty First Amendment) Bill, 2014 is

ratified by not less than one half of the States.




TO BE ANSWERED ON THURSDAY THE 04.12.2014

Alleged Irregularities in Judiciary

1999. DR. UDIT RAJ: SHRI JAGDAMBIKA PAL: SHRIMA TI NEELAM SONKAR:

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

(a) whether the Governinent is aware of an expose appeared in the print media on 21 July, 2014 by a retired Chief Justice of High Court regarding alleged irregularities and nepotism in higher judiciary involving Judges;

(b) if so, the reaction of the Government thereto along with the action taken in this regard;

( c) whether there is any mechanism to address the complaints against the Judges of Supreme Court and High Courts in the country and if so , the details thereof and if not, the reasons therefor;

( d) whether the Government proposes to appoint an Ombudsman for the purpose and if so , the details thereof; and

(e) the number of cases/complaints received alleging irregularities in judiciary during each of the last tlu·ee years and the current year along with the action taken thereon?

ANSWER



(a) and (b) : Allegation of irregularities, nepotism and lack of transparency have been

reported in the media from time to time with regard to the appointment of judges to higher

judiciary. The existing procedure for appointment of Judges in higher judiciary is governed by

Memorandum of Procedure for Appointment of Judges, which is based on the judgment of the

Supreme Court in the case of Supreme Court Advocates-on-record & Anr. Vs . Union of India,

read with advisory opinion of October 28 , 1998.

-2-

To ensure greater transparency in appointment of Judges in higher judiciary. t\VO Bill(s)

titled 'The Constitution (One Hundred and Twenty-First Amendment) Bill , 2014 ' and ' The

National Judicial Appointments Commission Bill, 2014 ' have been passed by both the Houses of

Parliament unanimously reflecting the broad consensus across the political spectrum on the issue

of reforms in the appointment of Judges of the Supreme Court and High Courts . The Constitution

(One Hundred and Twenty-First Amendment) Bill, 2014 has been sent for ratification by

Legislatures and both Bills will be presented for the assent of the President of India, after the

Constitution (One Hundred and Twenty-First Amendment) Bill , 2014 is ratified by the

Legislatures of not less than one-half of the States.

(c) to (e)[ A~ per the "in-house mechanism" for the higher judiciary, Chief Justice of India is

competent to receive complaints against the conduct of the Judges of the Supreme Court and the

Chief Justice of the High Courts . Similarly, the Chief Justices of the High Courts are competent

to receive complaints against the conduct of their Courts . Administrative control over the

members of the subordinate judiciary in the States vests with the concerned High Court and State

Government. In view of this, the Central Government do not maintain records of such complaints __, and has no mechanism to monitor the action taken on the san~

G'8ill titled "The Judicial Standards and Accountability Bill" was mo ved by the

Government in the previous Lok Sabha. The Bill provided for a comprehensive mechanism for

handling complaints made by citizens on grounds of alleged misbehaviour and incapacity against

judges of the Supreme Court and High Courts and for taking action against those found guilty

after investigation. The Bill also laid down judicial standards and made it incumbent on the

Judges to declare their assets/liabilities. However, the Bill could not be passed and lapsed due to --i

dissolution of the 15111 Lok Sabl~

***

GOVERNMENT OF INDIA

MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE



Setting up of High Courts

3139. SHRI ARJUN CHARAN SETHI: SHRI GUTHA SUKHENDER REDDY : SHRIMATI KOTHAPALLI GEETHA: SHRI P .K. BIJU: SHRI RAHUL KASWAN :

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

(a)

(a) the name of States/UTs in the country which do not have High Court or benches of High Court;

(b) whether the Goverrn11ent has received any request to set up High Court or benches of High Court in the aforesaid States including Anclhra Pwdesh. R~1jastha11 and Thiruvananthapuram; and

(c) if so, the details thereof along with the action taken thereon and the nitcria laid clown therefor?

ANSWER


(SHRI D.V. SADANANDA GO'vVDA)

All the States/UTs in the country are covered by one High Court ot· the other. A

Statement showing the details of High Courts, its jurisdiction and their Benches in the States

is at Annexure .

(b) and(c) : Requests for establishment of High Court Benches in different pans of the

country have been received from various sources . However, in accordance \Vith the

recommendations made by the Jaswant Singh Commission and judgment prnnouncecl by the

Apex Court in W .P.(C) No.379 of2000, Bench( es) of the High Cuun me es tz1 b li s h,~ d a 1·re 1· clue

} 1-

-2-

consideration of a complete proposal from the State Government. which is to provide

infrastructure and meet the expenditure, along with the consent of the Chief Justice of the

concerned High Court, which is required to look after the day to clay administration of the High

Court and its Bench.

The Government of West Bengal had sent a proposal for establishment of a Circuit Bench

of the Calcutta High Court at Jalpaiguri . The Calcutta High Court has intimated that tl-ie

infrastructure facilities for establishment of Circuit Bench at .lalpaiguri are not adequate at

present, and it will take some more time to establish a Circuit Bench . Accordingly . necessary

notification/order in this regard will be issued after the Calcutta High Court intimates the

readiness of all infrastructures.

The Government of Odisha had sent a proposal for establishment of two Benches of the

Orissa High Court in the Western and Southern regions of Odisha. The matter was referred to the

Chief Justice, Orissa High Court. The Chief Justice, Orissa High Court has intimated that the

matter will be examined by the High Court in due course in the light of all facts and

circumstances.

The Government of Himachal Pradesh submitted a proposal for establishment of a Bench

of Himachal Pradesh High Court at Dharmsala. Hovvever, the Chief Justice of the High Court has

not agreed to the proposal. Similarly, the State Government of Kerala had sent a request in the

year 2005 for setting up a bench of Kerala High Court at Thiruvananthapmam . But this was not

agreed to by the Chief Justice of Kerala High Court.

There is no proposal from the Government of Andhra Pradesh or Rajasthan for

establishment of Bench( es) of the High Courts in the States.

. .J / -

? " - _) -

The Central Government, on 09.02 . J 987, had approved establishment of separnte High

Courts in all the States in the North-Eastern region . Accordingly . separate 1-1 igh Cumts lwve been

established w .e.f. 23.03 .2013 in the States of Manipur, Meghalaya and Tripura . The process for

providing necessary infrastructure facilities in the remaining States or Arunaclrnl Prndesh.

Nagaland and Mizoram is in progress . After completion of all infrastructure facilities. separate

High Courts would be set up for these States.

There is a common High Court for the States of Punjab and Haryana and the Union

Territory of Chandigarh. The Government of Haryana has been requesting for establishment of a

separate High Court for the State in Chandigarh, which is being resisted by the Government of

Punjab ..

The Andhra Pradesh Reorganisation Act, 2014 which came into force with effect from

02 .06.2014, provides for setting up of separate High Court for the State of Andhra Pracksh while

the existing High Court will go to Telangana State. Once a new High Court is established for

Andhra Pradesh, both Telangana and Andhra Pradesh States will have separate High Courts. Till

such time, the existing High Court would serve as the common High Courl 101· both the Stales or·

Andlu·a Pradesh and Telangana. The process for establishment of nevv High Court fell" Anclhra

Pradesh has been initiated in consultation with the Supreme Court of India, State Government of

Andlu·a Pradesh and the High Court of Telangana and Andhra Pradesh .

***

?

SI. No.

I

2

3

4

5

6

7

8

9

IO 11

12

13

14

15

16

17

18

19

20

21

22

23

24

.-\ !1 ll l'.\ ll l"l'

Annexure referred to in reply to Lok Sabha Unstarred Question No .J 139 to be answered on 11.12.2014

Principal Jurisdiction Permanent Bench and High Cou11 Seat Date frnm which tile

l3e11cli began ru11ctio11i11g

Allahabad Allahabad Uttar Prndesh Lucknow (01.07.1948)

Telangana and Hyde rabad Telangana and Andhra ..

Andhra Pradesh Pradesh Bombay Mumbai Maharashtra; Goa: Dalllan Nagpur (0 l .05. 1960)

& Diu : Dadrn & agdr l)anaj i co 1.01. 19-rn) Have Ii; Aurangabacl (27 .08. 198-1 )

Calcutta Kolkata West Bengal & Andaman Ci1-cuir Bench <lt

& Nicobar Islands Jalpaiguri (yet to begin functioning )

Chatt isgarh Bilasp ur Chatt isga1·h ..

Delhi New Delhi NCT ot Delhi ..

Gauhat i Guwahati Assa111, Nag8lancl. l<uhi111a_ ( I O.ll2. l 99())

Mizora111 , & Arun8clrnl A iz:11vl. (05.0 7. 1990)

Pradesh. I ta11<1g<11· ( 12.08.2000)

Gujarat Sola (Ahmedabad) Gujarat ..

Hirnac hal Pradesh Shim la Hirnachal Pradesh ..

Jammu & Kashmi1· Jammu & Srinagar Jam mu & J<.as h 111 i r ..

Jharkhand Ranchi Jha1·khand ..

Karnataka Bangalore Karnataka Dhanrnd (2-1.08.2013) Gulbz11-~a (.3 1.08.2013)

Kera la Ernakularn, ( Kochi) Kerala & Lakshaclweep ..

Islands Madhya Pradesh Jabalpur Gwal ior (01. 11.1 956)

Madhya Pradesh Indore (0 I. I 1.1956)

Madras Chennai Tami I adu & Madurai (2 -t07 .200-1)

Pond iche1Ty Orissa Cuttack Orissa ..

Patna Patna Bihar ..

Punjab & Harya na Chand igarh Punjab. Ha1·yana & I ..

Chandigmh Rajasthan Jodhpur Rajasthan Jaipur (3 1.01.19 77)

Sikkim Gangtok Sikkim ..

Uttarakhand Nain ital U ttarakhand ..

Man ipu r Imphal Manipur

Meghalaya Sh ill ong Meghalay'1

Tripura Aga rtal a T1· ip ura

GOVERNMENT OF INDIA /< - ))c I J-/ :> 1 ,_!:;_-JL, t-S -£ MINISTRY OF LAW & JUSTICE


LOK SABHA

UNSTARRED QUESTION N0.3162



3162. SHRI MUTHAMSETTI SRINIVASA RAO (AV ANTHI): SHRIMATI RANJEET RANJAN: SHRI KAL YAN BANERJEE: SHRI B. VINOD KUMAR: SHRI B.V. NAIK: ~. ·


(a) the criteria and qualifications laid down for appointment of Judges in Supreme Court from various High Courts;

(b) whether any quota is prescribed for the appointment of Judges in Supreme Court from various High Courts and if so, the details thereof along with the reasons therefor;

(c) whether any transfer policy is followed in transfer of Judges and if so, the salient features thereof;

( d) whether certain cases of violation of this policy including the instances of relatives of Judges practicing in the same court have been noticed and if so, the reaction of the Government thereto; and

( e) whether any proposal to raise the retirement age and emoluments of the Judges is under consideration of the Government and if so, the details thereof?

ANSWER


(a) & (b ): Under Article 124 of the Constitution of India, every Judge of the Supreme Court

shall be appointed by the President by Warrant under his hand and seal. The High Court Judge,

who has been for at least five years as a Judge of a High Court or of two or more such Courts in

succession may be appointed as a Judge of the Supreme Court. Pursuant to the Supreme Court

Judgment of October 6, 1993 read with their Advisory Opinion of October 28 , 1998, the process

of initiation of proposal for appointment of a Judge in the Supreme Court rests with the Chief

Justice of lndia. This A.nic:le does not orc·1ide my quot'.l fo::- the ::!.p-oaintmen~ of Judges m

: 2 :

( c) : Article 222 of the Constitution makes provision for the transfer of a Judge (includinh

Chief Justice) from one High Court to any other High Court. All transfers are to be made in

public interest i.e. for promoting better administration of justice throughout the country.

The initiation of the proposal for the transfer of a Judge or a Chief Justice of a High Court should

be made by the Chief Justice of India (CJI) whose opinion in this regard is determinative.

The opinion of the CJI should be formed in consultation with the collegiurn of four senior-most

puisne Judges of the Supreme Court. In the formation of his opinion for the transfer of a Judge, ... other than the Chief Justice, the Chief Justice of India is expected to take into account the views

of the Chief Justice of the High Court from which the Judge is to be transferred, as also the Chief

Justice of the High Court to which the transfer is to be effected. The Chief Justice of India should

also take into account the views of one or more Supreme Court Judges who are in a position to

offer his/their views which would assist in the process of deciding whether or not a proposed

transfer should take place. In the case of transfer of a Chief Justice, only the views of one or

more knowledgeable Supreme Court Judges need to be taken into account. The proposals are to

be forwarded by the CJI with his recommendation to the Union Minister of Law and Justice

(MLJ). After receipt of the recommendation of the CJI, the MLJ will put up the

recommendations to the Prime Minister who will advise the President in the matter of transfer.

(d) : The Supreme Court of India in its full court meeting held on 07.05.1997 adopted the

"Restatement of Values of Judicial Life" to serve as a guide to be observed by Judges, essential

for an independent, strong and respected judiciary, indispensable in the impartial administration

of justice. The said charter of values inter alia mentioned that a Judge should not permit any

member of his immediate family, such as spouse, son, daughter, son-in-law, or daughter-in-law

or any other close relative, if a member of the Bar, to appear before him or even be associated in

any manner with a cause to be dealt with by him.

. .. _) .,,

: 3 :

As per the Memorandum of Procedure for appointment of a Judge in the High

Court, in case the spouse or any other blood relation of the candidate is an Advocate in a

particular High Court, an Undertaking from the spouse/blood relation to the effect that he/she

will not practice in the concerned High Court or in a court subordinate to it for at least two years

from the date of appointment of Judge is invariably obtained before the proposals for

appointment is processed further.

. .. (e): A Bill titled "The Constitution (One Hundred and Fourteenth Amendment) Bill" was

moved by the Government in the previous Lok Sabha. The Bill provided for increasing the

retirement age of High Courts from 62 to 65 years. However, the Bill could not be passed and

l~psed due to dissolution of the 15th Lok Sabha. There is no proposal under consideration at

present for raising the emoluments of the Judges of the Supreme Court and the High Courts.



LOK SABHA STARRED QUESTION N0.268


'·' Judicial Standards and Accountability Bill

*268. SHRl VIJA Y KUMAR HANSDAK:


(a) whether the Government proposes to re-introduce the Judicial Standards and

Accountability Bill;

(b) if so, the details thereof along with the time by which it is likely to be passed;

(c) whether the Government is aware that certain observations of higher courts with regard

to constitutional bodies/other authorities are not being reflected in the written judicial orders;

(d) if so, the details thereof and the reaction of the Government thereto along with the

remedial measures taken by the Government to address the issue; and

( e) the initiatives taken by the Government to streamline the judicial system?

ANSWER

:MINISTER OF LAW AND JUSTICE

(SHRI D. V. SADAN ANDA GOWDA)

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

Statement referred in reply to Lok Sabha Starred Question No.268 for answer on 11.12.2014

(a) and (b): The Judicial Standards and Accountability Bill which was passed by the Lok

Sabha on 29.3.2012 could not be taken up for consideration in Rajya Sabha in the last Session

of the Parliament. The Bill lapsed due to dissolution of the 15th Lok Sabha. The matter

requires further consultation with various stake holders before it is brought before the

Parliament again. ...

(c) and (d) : Various views· and observations are made by the higher judiciary during the

course of judicial proceedings. Whether such observations made by the judiciary get reflected

in the written judicial order or not, is purely a matter within the domain of the judiciary. The

Government does not interfere with the independence of judiciary.

(e) : To streamline the judicial system in the country, the Government has set up a

National Mission for Justice Delivery and Legal Reforms in August, 2011 with the twin

objectives of increasing access to justice by reducing delays and arrears in the system and

enhancing accountability through structural changes and by setting performance standards and

capacities. The Mission has been pursuing a co-ordinated approach for phased liquidation of

arrears and pendency in judicial administration, which, inter-alia, involves better

infrastructure for courts including computerisation, increase· in strength of subordinate

judiciary, policy and legislative measures in the areas prone to excessive litigation, re

engineering of court procedure for quick disposal of cases and emphasis on human resource

development. The National Mission has a time frame of :five years.

**·*

'1\ '



LOK SABHA STARRED QUESTION N0.268


,_.

Judicial Standards and Accountability Bill

*268. SHRI VDA Y KUMAR HANSDAK:

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

(a) whether the Government proposes to re-introduce the Judicial Standards and

Accountability Bill;

(b) if so, the details thereof along with the time by which it is likely to be passed;

(c) whether the Government is aware that certain observations of higher courts with regard

to constitutional bodies/other authorities are not being reflected in the written judicial

orders;

(d) if so, the details thereof and the reaction of the Government thereto along with the

remedial measures taken by the Government to address the issue; and

(e) the initiatives t3.ken by the Government to streamline the judicial system?

ANSWER


(SHRI D. V. SADAN ANDA GOWDA)

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

Statement referred in reply to Lok Sabha Starred Question No.268 for answer on 11.12.2014

(a) and (b): The Judicial Standards and Accountability Bill which was passed by the Lok

Sabha on 29.3.2012 could not be taken up for consideration in Rajya Sabha in the last Session

of the Parliament. The Bill lapsed due to dissolution of the 15th Lok Sabha. The matter

requires further consultation with various stake holders before it is brought before the

Parliament again. . ..

(c) and (d) : Various views and observations are made by the higher judiciary during the

course of judicial proceedings. 'Nb.ether such observations made by the judiciary get reflected

in the written judicial order or not, is purely a matter within the domain of the judiciary. The

Government does not interfere with the independence of judiciary.

(e) : To streamline the judicial system in the country, the Government has set up a

National Mission for Justice Delivery and Legal Reforms in August, 2011 with the twin

objectives of increasing access to justice by reducing delays and arrears in the system and

enhancing accountability through structural changes and by setting performance standards and

capacities. The Mission has been pursuing a co-ordi~ated approach for phased liquidation of

arrears and pendency in judicial administration, which, inter-alia, involves better

infrastructure for courts including computerisation, increase · in strength of subordinate

judiciary, policy and legislative measures in the areas prone to excessive litigation, re

engineering of court procedure for quick disposal of cases and emphasis on human resource

development. The National Mission has a time frame of five years.

***



LOK SABHA

UNSTARRED QUESTION N0.4299


Removal of Judges

4299 . Shri VINCENT H. PALA:


(a) whether the Government is aware that it has become difficult to remove judges proven guilty of misconduct and incapacity due to extant constitutional provision requiring two thirds majority in Parliament; (b) if so, the details thereof; ( c) whether the Government proposes to review and amend the said provisions so as to enable the Parliament to remove the guilty judges without any impediments; and ( d) if so, the details thereof and if not, the other steps proposed to be taken by the Government for evolving an alternative procedure for removal of guilty judges?

ANSWER


(a) and (b) : The procedure for removal of Judges of the Supreme Court and High Courts by

impeachment is laid down in Article 124 (4) of the Constitution. The Judges (Inquiry) Act, 1968

regulates the procedure of the investigation and proof of the misbehavior or incapacity of a Judge of

the Supreme Court and High Courts and for the presentation of an address by Parliament to the

President. -o< •

( c) and ( d) : (fhere is no proposal for amending the existing constitutional provisions for removal of

Judge~ However, to ensure greater accountability and transparency in the higher judiciary, a bill

titled, "the Judicial Standards and Accountability Bill", was introduced in the Lok Sabha on

01.12 .2010. The Bill sought to replace the Judges (Inquiry) Act, 1968. The Bill has lapsed

consequent to the dissolution of the 15 111 Lok Sabha.

GOVERNMENT 01" INDIA MINISTRY OF LAW AND JUSTICE

DEPARTMENT Of JUSTICE

LOK SABHA Unstarred Question, No.1850

To be answered on Thursday, the 4'" December, 2014

Use of Information Technology

1350 SHIU RAMSINH RATHWA:


a) whether the Government has prepared a National Policy and Action Plan for implementation of Information and Communication Technology in the judiciary;

b) if so, the details and salient features thereof; and

c) the thne by which the said policy is likely to be implemented?

ANSWER

MINISTER Of LAW AND JUSTICE (Shri D. V. Sadananda Gowda)

a) to c) The Government is implementing the eCourts Project envisaging computerisation of, and delivery of online citizen centric services in/ 14,249 districts and subordinate courts in the country by 31 •• March, 2015. The Supreme Court of India has finalised the 'Policy and Action Plan Document for Phase II ol' the eCourts Project' envisaging further enhancement of ICT enablement of judiciary through computerisation of additional courts; provision of additional hardware in existing courts; computer training labs in State Judicial Academies; Connectivity improvements; use of cloud computing; Digitization of case records; and provision of Authentication Devices (PD.As) for process servers. The citizen centric services would also be further enhanced through new initiatives such as e-filing, epayments, SMS and mobile application based service delivery, Information kiosks in Court complexes etc. The duration of the eCourt Phase II project mentioned in the Policy document is three years.

I

+4238.


LOK SABHA UNSTARRED QUESTION NO. 4238

TO BE ANSWERED ON THURSDAY, THE 1B1h DECEMBER, 2014

Pending Rape Cases

SHRI NISHIKANT DUBEY:


(a) the number of rape cases pending in Supreme Court, High Court and

Subordinate Courts including the number of cases disposed of during

each of the last three years and the current year, State/UT-wise;

(b) the number of couris functioning/set-up for offences against \Vomen,

State/UT -wise;

(c) whether the Government proposes to set up more such courts in the

country; and

(d) if so, the details thereof along with the steps taken/being taken by

the Government for ensuring expeditious disposal of rape' cases?

ANSWER MINISTER OF LAW & JUSTICE (SHIU D. V. Sadananda Gowda)

(a): Information on pending rape cases and the cases disposed in the Supreme Court and the High Courts is given below:

Supreme Court

Number of cases relating to sexual Number of cases relating to sexual harassment, kidnapping & harassment, kidnapping &

abduction including rape pending abduction including rape disposed in the Supreme Court as of during 01.01.2009 to 17.07.2014 informed on 3/12/2014

332 1455

High Courts

Number of pending rape cases as Number of rape cases dispose~

on 31.01.2014 during last three years ·~--~--~~·~~~----,~--;~~~~~~~~~~~~~~~---;

31,386 15,453

As per the reports published by National Crime Records Bureau, disposal of rape cases by courts during 2011, 2012 and 2013 is indicated below:

During Total number of cases for Num_b~r of cases_ _!>ending trial at

the trial including pending in which trials the end of the Years cases from previous year·. were completed year

2013 114785 18833 95731 2012 101041 14717 86032 2011 95065 15423 79476

(b ): A statement in respect of State-wise details of courts set

up/designated for cases of crime against women is enclosed at Annexure.

(c)&(d}: Government has written to the Chief Justices of the High

Courts to constitute Fast Track Courts (FTCs) for speedy trial of the

pending rape cases in district/subordinate courts having a high pendency

of such cases and to monitor the progress of these cases. The Chief

Ministers of States have been requested to provide financial support to

the High Courts for setting up FTCs. Chief Justices of all High Courts have

been requested to invite the attention of the District Judges to the use of

provisions under Sections 157, 309 and 327 of the Code of Criminal

Procedure with a view to examination of witnesses on a day to day basis,

keeping adjournments at a bare minimum and expediting trial. of cases

involving heinous crimes such as rape.

Annexure

Statement referred to in reply to part fb) of the Lok Sabha Unstarred Question No. 4238 for

18/12/2014 regarding Pending Rape Cases

Number of Courts set up/designated for crime against women

SI. No. Name of the State Number of courts 1 2 3

1 Andhra Pradesh 24 •'

2 Assam ..

3 3 Chhattisgarh 16

4 Chandigarh 01

5 Haryana 21

6 Jammu & Kashmir 5

7 Jharkhand 11

8 Karnataka 10

9 Kerala 1


11 Maharashtra 27

12 Meghalaya 1

13 Odisha 30 14 Punjab 20 15 Rajasthan 9

16 Sikkim l

17 Tamil Nadu 32 18 Tripura 2 19 . West Bengal 48 20 Delhi 6

Total 318

Note: 68 comis approved in Bihar.


LOK SABHA STARRED QUESTION NO. 3

TO BE ANSWERED ON MONDAY, THIE 24111 NOVEMBER, 2014

Fast Track Courts for Women and Children

*8, SHIU C. N. JAYADEVEN: SHRI PREM DAS RAI:


(a) whether the Government has taken adequate steps for

expeditious disposal, including setting up of Fast Track Courts

(FTCs) for cases relating to crime against women and children

in the country including North East Region;

(b) if so, the details thereof;

(c) the number of cases related to racial crime, hate crime, rape

and sexual harassment pending in the Supreme Court and

various High Courts in the country along with the number of

such cases disposed of by FTCs during each of the last three

years and the current year, court-wise; and

(d) the other steps taken by the Government to provide legal

assistance and to ensure speedy justice to the victims of such

crimes?

ANSWER MINISTER OF LAW & JUSTICE (SHRI D. V. Sadananda Gowda)

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

STATEMENIT REFER.RED TO IN REPLY TO l?AIR1FS (a) TO (d) OF LOK

SABHA ~rrARRED QUE\STION NO. s FOR. 24./11/2014 REGARDING

IFA~tT TRACK CC:IURTS FOR WOMEN AND CHILDREN

(a)&(b): '~lovernment has written to the Chief Justices of the High

Courts to ccmstitute Fast Track Courts (FTCs) for speedy trial of the pending ra11e cases in district/subordinate courts having a high

pendency ot' such cases and to monitor the progress of these cases. The Chief Ministers of States have been requested to provide

financial sun>port to the tf igh Courts for setting up FTCs for cases of crime agai111st women.'-":setting up of subordinate courts including

FTCs for sp1eedy trial of cases relating to crime against women and

children in the country including No1'th East Region, is the responsibili1ty of the respective State Governments under the Constitutio111 of India,

(c): As per Information received from the Supreme Court, the

number of [>ending matters relating to subject categories dealing With crime against WO men and children filed from 1.1.2011 to 16.7,2014 w·as 1920. As per report received from the National Crime Records Ehireau, the c:ases registered and cases convicted in subordinate courts under rape (u/s 376 IPC) during 2011 to 2013 are as under:

Year Number of cases registered Number of cases convicted

All the States NE States All the States NE States

2011 24206 2246 4072 281

2012 24923 2376 3563 193 2013 33707 2663 5101 270

,//' (d): Government has also requested the State Governments and High Courti;· to consid!ilir setting-up FTCs for disposal of cases

relating to offences a19ainst women, children, differently abled persons, senior citizens; and marginalized sections of society as resolved in the Confereince of Chief Ministers and Chief Justices

held on 7 01 Jl1pril, 2013. ,/

I

legislative provisions have been made by 11he

Governme11t for setting up of special! courts for speedy trial of offences against children. Section 2.5 of the Commissions for

Protection of Child Rights Act, 2005 prc1vides that fetr the purpose of providing speedy trial of offences against children 1:>r of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, s~1ecify at least a court in the State or specify, for each district, a Co1~rt of Session to be a Children's Court to try the said offence. Secf:ion 28(1) of 11he

Protection of Children from Sexual Offences Act, 2012 provides that for the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the1 High Court, by

notification in the Official Gazette, designate for each district, a Court of .Session to be a Special Court Ito try the offences under the Act provided that if a Court of Session is notified as a Children's Court under the Commissions for Proltection of Child Rights Act, 2005 or a Special Court designated for similar p1.ir1,oses under any other law for the· time ll>eing in force, then, sucf11 court shall be deemed to be a Special Court under this; section.

Attention of the Chief Justices off High Court:s has also been

invited to the use ot' provisions under Seictions 157, :~09 & 327 of the

C1·.P.C. with a view to examination of witl1esses un a day to dlay

basis, keeping adjournment at a bare rninimum and expediting trial

of cases involving heinous crimes such as rape. They were

requested to impress upon the disb'ict judges to scrupulously

adhere to these provisions in trial of ca:;es involving heinous crimes

such as rape and to conduct trials wif:hout adjournment as far as

possible.

l



LOK SABHA UNSTARRED QUESTION NO. 1856

TO BE ANSWERED. ON THURSDAY, THE 4th DECEMBER, 2014

The Dowry Prohibition Act

+1856. SHRIMATI KAMll..A DEVI PAATLE:

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

(a) whether a large number of cases of misuse of the Dowry

Prohibition Act, 1961 have come to the notice of the Government

during each of the last three years and the current year and if so,

the details thereof ;

(b) whether the Supreme Court has recently made certain observation

regarding arrest of a person without verifying the allegations made

for violation of the said Act ;

(c) if so, the details thereof along with the reaction of the Government

thereto;.

(d) whether the Government proposes to review and amend the said

Act to check its misuses; and

(e) if so, the details thereof and if not, the other steps taken/ being

taken by the Government in this regard ?

ANSWER

MINISTER OF LAW & JUSTICE (SH!IU D. v. Sadananda Gowda)

(a): Data regarding number of cases of misuse of the Dowry

Prohibition Act, 1961 is not maintained.

(b)&(c): Recently the Hon'ble Supreme Court in the case of Arnesh

Kumar vs State of Bihar on 2nd July, 2014 has expressed concern over increasing misuse of Section 498A of Indian Penal Code, 1860 (IPC). The

Apex Court directed all States/UTs Administrations to ensure that police officers should not automatically arrest a person when a case under

Section 498A IPC (which deals with cruelty by husband and his relatives

including cruelty related to dowry har~ssment) is registered but to satisfy themselves about the necessity of such arrest as per the parameters laid

down in Section 41 of Code of Criminal Procedure (CrPC).

Government has issued an advisory to all the Chief Secretary/Secretaries of the States/UTs Administrations vide D.O. letter

No. 14-16/2014-WW on 11th July, 2014 in the light of the judgment passed on 2nd July 2014 by Hon'ble Supreme Court in the case of Arnesh Kumar vs

State of Bihar (Special Leave Petition (Cri) No.9127/2013) to ensure that. police officers do not automatically arrest when a case under Section 498· A of the Indian Penal Code is registered but to satisfy themselves abo'ut

the necessity for arrest under the parameters laid down flowing from

Section 41, Cr.PC.

(d)&(e): Implementation of various legislations is regularly reviewed and

if required, necessary amendments are carried out for effective implementation.

--~

1973.



LOK SABHA UNSTARRED QUESTION NO. 197:!1

TO BE ANSWERED ON THURSDAY, THE 41" DEC:EMl:U:R, 2014

Special Courts

DR. KAMBHAMPATI HARIBABU: SHRI NANDI YELL/l!IAH: SHRI DUSHYANT (~HAUT.ALA: .

•-'


(a) whether the Governmmlt proposes to set Ult> special co1L1rts for

disposal of criminal cases mentioned in the affidavits of candidates who

contested General Election-2014 and if so, the details thereof;

(b) whether the Hon'ble Supreme Court has recent.ly made an

observation that despite writing of a letter in 2007 b31· then Chief Justice of

India the Government has not made any substantial unogress in setting up

of special courts in the country;

(c) if so, the reaction of the Government thereto along with the action

taken thereon so far;

(d) whether tDte Government has made any provision for evening courts

for disposal of pending cases and if so, the nuunl:ier of such courts

functioning in the country; and

· (e) the number of cases dh>posed oil by these courts during the last three years and the current year including the funds alloc;ated and released by

the Governmenlt for these courts during the said period?

(a)to(c):

ANSWER

MINISTER OF LAW & JUSTICE

(SHIU D. V. Sadananda Gowda)

The I.aw Commission of i11dia has submitted its 2391"

Report on l!::xpeditious Investigation and Triial of Crimim1l Cases Against

Influential Public Personalities in March 20·12. The Law Commission has

expressed the view that giving any hlanke·t direction to set up Special

Courts for trial of ca,ses against inHuential public personalities ought to be

avoided in view of Ai'ticle 14 of the Constitution. This Report has also been

placed before the S111preme Court of'lndia ht the Writ Petition (Civil) No.

341/2004 (Virender Kumar Ohri Vs. Union of l11dia & Others).

(d)&(e): Gove!l'nm~mt has alloci1ted an amount of Rs. 2500 crore for

morning/evening/shifl:/Special Judicial Magis,trate courts under the 13'"

Finance Commission Award. Out of this, Rs. 762.75 crore has been

released to the Stat~~ Governments. As per i111formation re•ceived from the

State Governments, :i!128 morning/evening/shift/Special Judicial Magistrate

courts have been set-up and a totaH of 31,97,696 c~1ses have been

disposed of by these 'courts so far.

GOVERNMENT OF INDIA



LOK SABHA

STARRED QUESTION NO.*167

TO BE ANSWERED ON THURSDAY 4TH DECEMBER, 2014

Indian Legal Service and State Judicial Services

*167. DR. C. GOPALAKRISHNAN:


(a) whether the Supreme Court has recently given direction for creation of additional posts under State Judicial Services and if so, the details thereof;

(b) the follow-up action taken thereon including the number of additional posts created in each State;

(c) the number of candidates appointed under the Indian Legal Service (ILS) during each of the last three years and the current year; and

(d) whether the Government proposes to increase the number of posts under ILS and if so, the details thereof?

ANSWER


(SHRI D. V. SADANANDA GOWDA) (a) to (d): A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (d) of LOK SABHA STARRED QUESTION NO. *167 FOR ANSWER ON 04TH DECEMBER, 2014.

(a) and (b): The Supreme Court, in the case of Imtiyaz Ahmed versus State of Uttar Pradesh &

Others, inter-alia, asked the Law Commission of India to evolve a method for scientific

assessment of the number of additional courts to clear the backlog of cases. The Law

Commission, in its 245th Report, titled “Arrears and Backlog: Creating Additional Judicial (wo)

manpower”, inter-alia, recommended ‘Rate of Disposal Method’ for calculating adequate judge

strength for District and Subordinate Courts. The other recommendations of the Law

Commission in the Report include increasing the retirement age of judges of subordinate courts,

creation of special morning and evening courts for traffic / police challan cases, provision of

adequate staff and infrastructure for the working of additional courts and enabling uniform data

collection and data management method by High Courts in order to ensure transparency and to

facilitate data based policy prescriptions for the Judicial System.

As the subject matter of creation and filling up of posts in subordinate judiciary falls within

the domain of State Governments and High Courts, the recommendations of the Law

Commission have been forwarded to them. Supreme Court vide its orders dated 01.05.2014,

20.08.2014 and 12.11.2014 has directed State Governments and High Courts concerned to file

their response in the matter before them.

(c) The position of appointment in Indian Legal Service (ILS) during last three years and the

current year is as under:-

No of appointments made in ILS during

2011 2012 2013 2014

9 18 19 4

(d) A proposal for creation of 20 posts in the Legislative Counsels Service Cadre is under

consideration.

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

GOVERNMENT OF INDIA



LOK SABHA



Gram Nyayalayas

*170. SHRI VIJAY KUMAR HANSDAK: SHRI KUNWAR PUSHPENDRA SINGH CHANDEL:


(a) the number of Gram Nyayalayas set up in the country under the Gram Nyayalayas Act, 2008, State / UT-wise;

(b) whether a number of States have yet to set up Gram Nyayalayas; (c) if so, the details thereof including the reasons for the slow progress in the matter; (d) the funds allocated, released and utilised by the States for the establishment of Gram

Nyayalayas during each of the last three years and the current year, State / UT-wise; and

(e) the steps taken / being taken by the Government to expedite the setting up of such courts in the States?

ANSWER


(SHRI D. V. SADANANDA GOWDA) (a) to (e): A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (e) of LOK SABHA STARRED QUESTION NO. *170 FOR ANSWER ON 04TH DECEMBER, 2014. (a) to (e): In terms of Section 3 (1) of the Gram Nyayalayas Act, 2008, it is for the State

Governments to establish Gram Nyayalayas in consultation with the respective High Courts.

State-wise progress of setting up of Gram Nyayalayas and the financial assistance provided to

State Governments during the last three years is as under:

No financial assistance has been released till 30.11.2014 during current financial year (2014-

15).

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

police officials and other State functionaries to invoke jurisdiction of Gram Nyayalayas,

lukewarm response of Bar, non-availability of notaries and stamp vendors, problem of

concurrent jurisdiction of regular courts are other issues indicated by the States, which are

coming in the way of operationalization of the Scheme.

The issues affecting the implementation of the Gram Nyayalayas scheme were discussed

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

2013. It has, inter-alia, been 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. The focus is on covering those Talukas under the

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

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

Sl. No

State Gram Nyayalayas

Notified

Gram Nyayalayas

Operationalised

Amount released (Rs. in Lakhs)

2011-12 2012-13 2013-14

1 M.P. 89 89 156.80 0.00 284.80

2 Rajasthan 45 45 144.00 243.00 215.20

3 Karnataka 2 0 25.20 0.00 0.00

4 Orissa 16 12 110.60 0.00 0.00

5 Maharashtra 18 10 9.60 15.80 0.00

6 Jharkhand 6 0 0.00 75.60 0.00

7 Goa 2 0 0.00 25.20 0.00

8 Punjab 2 1 0.00 25.20 0.00

9 Haryana 2 2 0.00 25.20 0.00

10 Uttar Pradesh 12 0 0.00 0.00 0.00

Total 194 159 446.20 410.00 500.00



LOK SABHA



Accident Related Cases

*267. SHRI P. R. MARUTHA RAJAA: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the total number of accident related cases pending in various High Courts and

disposed of during each of the last three years and the current year, High Court wise; (b) whether the Government proposes to set up designated courts across the country for

expeditious disposal of such cases and if so, the details thereof; and (c) the other steps taken / proposed to be taken for expeditious disposal of such cases?

ANSWER


(SHRI D. V. SADANANDA GOWDA) (a) to (c): A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (c) of LOK SABHA STARRED QUESTION NO. *267 FOR ANSWER ON 11TH DECEMBER, 2014.

As per information received from High Courts, the details of pendency and disposal of

motor accident claims related cases are given in Statement annexed.

In terms of Section 165 of the Motor Vehicles Act, 1988, State Governments may

constitute one or more Motor Accident Claims Tribunals for such area as may be specified in the

notification for the purpose of adjudicating upon claims for compensation in respect of accidents

involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or

damages to any property of a third party so arising, or both. Accordingly, the State

Governments have either constituted exclusive Motor Accident Claims Tribunals or have

empowered other regular courts to deal with the cases of Motor Accident Claims.

The High Courts are expediting the disposal of Motor Accident Claims related cases

through holding Lok Adalats / Mega Lok Adalats

***********

Annexure Statement referred to in Lok Sabha Starred Question No. *267 dated 11th December, 2014 regarding Motor Accident Related Cases. Number of cases relating to Motor Accident Claim pending in High Courts as on 30.06.2014.

Sr. No

Name of High Court

Number of Motor Accident Claims related cases pending / remaining unsettled in High Courts as on 30.06.2014.

Number Motor Accident Claims related cases settled / disposed of by during last three years.

01.01.2011 to

31.12.2011

01.01.2012 to

31.12.2012

01.01.2013 to

31.12.2013

1. Allahabad 55248 478 1719 2620

2. Andhra Pradesh 27342 1583 988 831

3. Bombay 10842 224 417 1155

4. Calcutta 6738 217 478 587

5. Chhattisgarh 2991 1833 1876 2569

6. Delhi 3468 845 1620 571

7. Gauhati 952 157 456 197

8. Gujarat 8881 522 3473 1162

9. Himachal Pradesh 2427 275 260 332

10. Jammu & Kashmir 663 555 687 658

11. Jharkhand 1053 0 61 87

12. Karnataka 46254 16940 11845 10700

13. Kerala 11855 1473 1940 2059

14. Madhya Pradesh 26604 7839 6760 6426

15. Madras 17083 3821 5066 3715

16. Manipur 6 1 3 4

17. Meghalaya 0 0 0 0

18. Orissa 6027 859 386 50

19. Patna 871 60 86 197

20. Punjab& Haryana 35902 2999 2927 4944

21. Rajasthan 35417 9219 7311 6461

22. Sikkim 4 10 6 9

23. Tripura 662 94 137 306

24. Uttarakhand 2083 263 147 275

Total 3,03,373 50,267 48,649 45,915

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


LOK SABHA


TO BE ANSWERED ON THURSDAY, THE 04TH DECEMBER, 2014

Recruitment and Administration in Lower Courts

1863. SHRI N. K. PREMACHANDRAN: Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Government is aware of the different methods of recruitment and

administration adopted in lower courts under various State Governments; (b) if so, whether the Government proposes to issue guidelines for maintaining uniformity

in this regard; (c) if so, the details thereof and if not, the other steps taken / proposed to be taken by the

Government in this regard; (d) whether the Government has received any recommendation from the Law

Commission for creating All India Judicial Service; and (e) if so, the action taken thereon by the Government?

ANSWER

MINISTER OF LAW & JUSTICE (SHRI D. V. SADANANDA GOWDA)

(a) to (e): Under Article 235 of the Constitution of India, the control over District and Subordinate

Courts in the States vests with the concerned High Court. Further, in exercise of powers

conferred under article 309 read with articles 233 and 234 of the Constitution, the State

Governments frame rules and regulations in consultation with the High Courts for recruitment of

persons to Judicial Service. Most of the State Governments have framed State Higher Judicial

Service Rules / State Judicial Service Rules governing service conditions of their own judicial

officers. During the Conference of the Chief Ministers of States and the Chief Justices of the

High Courts held in March, 2006, it was inter-alia decided that where selection of subordinate

Judicial Officers is not being made by the High Courts, such selection be entrusted to the High

Court, by amending the relevant rules.

The creation of AIJS was recommended by Law Commission of India in its 14th Report

(1958). Later, Law Commission reiterated this recommendation in 77th Report (1978) and 116th

Report (1986).

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

(AIJS) and the same was approved by the Committee of Secretaries in November, 2012. The

proposal was included as an agenda item in the Conference of Chief Ministers and Chief

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

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

sought on the proposal. However, there is divergence of opinion among the State Governments

and High Courts on constitution of All India Judicial Service.

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


LOK SABHA



Law Commission Report

1903. KUMARI SHOBHA KARANDLAJE:

Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Law Commission has recently submitted its report to the Government; (b) if so, the salient features of the recommendations made to clear the backlog of cases

pending in various courts in the country; (c) whether increasing the retirement age of Judges particularly Judges of Subordinate

Courts, setting up of special morning and evening courts etc. are part of the said recommendations;

(d) if so, the details thereof; and (e) the time by which these recommendations are likely to be implemented by the

Government?


(SHRI D. V. SADANANDA GOWDA) (a) to (e): The Supreme Court, in its order dated 1st February, 2012, in the case of Imtiyaz

Ahmed versus State of Uttar Pradesh & Others, inter-alia asked the Law Commission of India to

evolve a method for scientific assessment of the number of additional courts to clear the backlog

of cases. The Law Commission, in its 245th Report, titled “Arrears and Backlog Creating

Additional Judicial (wo) manpower”, inter-alia, recommended ‘Rate of Disposal Method’ for

calculating adequate judge strength for District and Subordinate Courts. The other

recommendations of the Law Commission in the Report include increasing the retirement age of

judges of subordinate courts, creation of special morning and evening courts for traffic / police

challan cases, provision of adequate staff and infrastructure for the working of additional courts

and enabling uniform data collection and data management method by High Courts in order to

ensure transparency and to facilitate data based policy prescriptions for the Judicial System.

As the subject matter of creation and filling up of posts in subordinate judiciary falls within

the domain of State Governments and High Courts, the recommendations of the Law

Commission have been forwarded to them. Supreme Court has directed State Governments

and High Courts concerned to file their response in the matter before them.

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


LOK SABHA



Faith in Judiciary

1913. SHRI NANDI YELLAIAH:

Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Government is aware that the Supreme Court during 2012 had made an

observation that the people's faith in the judiciary was decreasing thereby posing a threat to Constitutional and Democratic governance of the country;

(b) if so, the action taken by the Government in this regard; (c) the number of Judgements delivered by the Supreme Court but kept pending for

delivery to the respective States and Union Territories during 2009, 2010 and 2011 along with the reasons therefor; and

(d) the other steps taken / proposed to be taken by the Government to restore the faith in the judiciary?


(SHRI D. V. SADANANDA GOWDA) (a) to (d): The Supreme Court has expressed its concern on the huge pendency of cases in

various courts of the country in some of its judgements in the recent past. Disposal of cases in

courts falls within the domain of the judiciary. In order to expedite the trial of court cases, a

number of legislative changes have been made in procedural laws which include provisions for

limiting adjournments of court proceedings in criminal and civil matters as contained in Section

309 of the Code of Criminal Procedure, 1973 and Order XVII of the Code of Civil Procedure,

1908.

Further, in order to assist the judiciary, the Government has set up a National Mission for

Justice Delivery and Legal Reforms to achieve twin goals of (i) increasing access to justice by

reducing delays and arrears; and (ii) enhancing accountability through structural changes and by

setting performance standards and improving capacities. The Mission has adopted a

coordinated approach for phased liquidation of arrears and pendency in judicial administration

by providing support for better court infrastructure including computerisation, encouraging

increase in the strength of subordinate judiciary and recommending policy and legislative

measures in the areas prone to excessive litigation.

The challenges posed by huge backlog and pendency of cases in our judicial system

cannot be met without the active involvement of the judiciary. The Chief Justice of India, after

consulting the Minister of Law and Justice, established the National Court Management Systems

(NCMS) in May, 2012. The ‘Policy and Action Plan’ document to implement NCMS was

released by the Chief Justice of India on 27.9.2012. NCMS is responsible for preparing a policy

guideline for developing a National Framework of Court Excellence (NFCE) to set measurable

performance standards for Indian courts to address issues of quality, responsiveness and

timeliness to facilitate timely delivery of justice.

Judgements and orders of the Hon’ble Supreme Court are reported in various Law

Reports. Copies of the Judgements and Orders of the Supreme Court are also available on-line

at Supreme Court’s website.

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


LOK SABHA

UNSTARRED QUESTION NO. †1983


Dismissal of an Appeal

†1983. SHRI RAJESH RANJAN: Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Government is aware that no adequate reasons are adduced by the

higher courts while dismissing an appeal against the order of lower courts; (b) if so, the reasons therefor; (c) whether the Government proposes to ensure that adequate reasons are cited by the

higher courts, while dismissing an appeal, against the order of lower courts; and (d) if so, the details thereof along with the time by which it is likely to be implemented?


(SHRI D. V. SADANANDA GOWDA) (a) to (d): The relevant provisions for recording reasons for the decisions taken in the appellate

courts both in civil and criminal matters are contained in Code of Civil Procedure, 1908 and

Code of Criminal Procedure, 1973 respectively. The Government has no role to determine

whether the reasons given by the appellate courts while dismissing an appeal against the order

of the lower court are adequate or otherwise as the subject matter falls within the domain of

judiciary.

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


LOK SABHA



Stay Order from Higher Courts

†2067. SHRI BODH SINGH BHAGAT: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the number of petitions seeking stay order filed before the High Courts during the last

three years and the current year, High Court-wise; (b) the details of petitions seeking stay order on convicts admitted, rejected and disposed

of by High Courts during the aforesaid period, High Court-wise; and (c) the number of such petitions filed before the Supreme Court along with the number of

cases on which stay order was granted by the Supreme Court during the said period?


(SHRI D. V. SADANANDA GOWDA) (a) to (c): Grant of stay orders in civil and criminal cases is part of judicial proceedings and

Courts have been vested with inherent powers in this regard under the relevant provisions of the

Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973. So also, hearing and

disposal of Court cases under various laws fall within the domain of judiciary.

The details of petitions seeking stay order filed before the High Courts and Supreme

Courts are not maintained by Government.

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


LOK SABHA

UNSTARRED QUESTION NO. †3109


Pending Court Cases

†3109. SHRI RATTAN LAL KATARIA: SHRIMATI MEENAKSHI LEKHI:

Will the Minister of LAW AND JUSTICE be pleased to state: (a) the total number of pending criminal and civil cases in Supreme Court, High Courts

and Subordinate Courts in the country as on date; (b) the percentage of pending execution orders out of these; (c) whether the Government proposes to reform / amend the Civil Procedure Code for

efficient disposal of execution orders and if so, the details thereof; and (d) the other steps taken/being taken in this regard?


(SHRI D. V. SADANANDA GOWDA) (a) to (d): The data on pendency of cases is maintained by the Supreme Court and High Courts.

As per the information available in Court News (Vol. IX, Issue No.1), a quarterly newsletter of

Supreme Court, 52,119 civil cases and 12,211 criminal cases were pending as on 31.03.2014 in

Supreme Court. 34.32 lakh civil cases and 10.23 lakh criminal cases were pending as on

31.12.2013 in various High Courts. In District and Subordinate Courts, 82.78 lakh civil cases

and 185.60 lakh criminal cases were pending as on 31.12.2013. Information of pending

execution orders is not separately available in the above publication.

At present, there is no proposal to amend the provisions of the Code of Civil Procedure,

1908 relating to execution of decrees and orders. The major initiatives taken by the Government

for pendency reduction relate to Infrastructure Development for Subordinate Judiciary and

Computerization of Courts. The Central Government has provided financial assistance to the

tune of Rs. 2,198 crores to State Governments and Union Territories for upgradation /

construction of court complexes and residential units for judicial officers in the last three years.

Under the eCourts Project 13,323 courts have been computerized by 31st October, 2014.

Computerization of courts would enable the courts to exercise greater control over management

of cases in the docket. It will also provide designated services to the litigants and the lawyers.

In order to reduce government litigation in courts the Central Government has encouraged the

States to notify their litigation policies which contain provisions for weeding out infructuous cases

and promote dispute resolution through alternative mechanisms. The Government has also

identified the areas prone to excessive litigation for adopting suitable policy and legislative

measures to curb such litigation. As a result of the concerted efforts made by all stake-holders

the increasing trend of pendency of cases in subordinate courts has been checked.

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GOVERNMENT OF INDIA



LOK SABHA



Pending Cases against NRIs

4148. SHRI S. R. VIJAYKUMAR:


(a) the total number of cases pending against Non-Resident Indians (NRIs) as on date in Indian Courts; (b) whether certain instances of non-compliance of orders and summons issued by Indian Courts against the NRIs have been noticed by the Government; (c) if so, the total number of such instances noticed during each of the last three years and the current year; (d) the steps taken/being taken by the Government to ensure strict compliance of such orders by the NRIs; and (e) the other steps taken by the Government for expeditious disposal of these pending cases?

ANSWER

MINISTER OF LAW AND JUSTICE (SHRI D. V. SADANANDA GOWDA)

(a): Data on pendency of cases is compiled by the High Courts. Information about

pendency of cases in Civil and Criminal matters in High Courts and District and Subordinate

Courts under their jurisdiction is periodically obtained by the Government. However,

information on cases pending against Non-Resident Indians in Indian Courts is not being

obtained separately.

(b) to (e): Information is being collected and will be laid on the table of the House.

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LOK SABHA


TO BE ANSWERED ON THURSDAY, THE 18TH DECEMBER, 2014.

Pendency due to Stay Orders

4284. SHRIMATI DARSHANA VIKRAM JARDOSH:


(a) the total number of pending cases in various courts due to stay orders from higher

courts in the country; (b) the steps taken / being taken by the Government for expeditious disposal of these

cases; (c) whether the Government is aware that many of these cases pertain to financial

matters causing huge loss to the Government exchequer and if so, the steps being taken in this regard by the Government; and

(d) the other steps taken / being taken by the Government to minimise the pendency due to stay orders?


(SHRI D. V. SADANANDA GOWDA) (a) to (d): Grant of stay orders in civil and criminal cases is part of judicial proceedings and

Courts have been vested with inherent powers in this regard under the relevant provisions of the

Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973. So also, hearing and

disposal of Court cases under various laws fall within the domain of judiciary.

Data on pendency of cases is compiled by the High Courts. Information about pendency

of cases in Civil and Criminal matters in High Courts and District and Subordinate Courts under

their jurisdiction is periodically obtained by the Government. The details of cases pending on

account of stay orders from higher courts are not being separately obtained.

In order to expedite the trial of court cases, including cases pertaining to financial matters,

a number of legislative changes have been made in procedural laws, which include provisions

for limiting adjournments of court proceedings in criminal and civil matters as contained in

Section 309 of the Code of Criminal Procedure, 1973 and Order XVII of the Code of Civil

Procedure, 1908.

Further, to reduce government litigation in courts the Central Government has

encouraged the States to notify their litigation policies which contain provisions for timely filing of

replies which may help vacation of stay orders. Provisions have also been made for promotion

of Alternative Dispute Resolution Mechanisms.

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LOK SABHA



Cases Pending Against Actors 4311. SHRI HARISH MEENA:


(a) the details of cases registered and pending against various Film Actors / Celebrities

for violation of law in various courts in the country; (b) whether their celebrity status is one of the causes of delay in judicial

pronouncements; and (c) if not, the reasons for delay in disposal of each of these cases along with the period

since when these are pending in various courts?


(SHRI D. V. SADANANDA GOWDA) (a) to (c): Data on pendency of cases is compiled by the High Courts. Information about

pendency of cases in Civil and Criminal matters in High Courts and District and Subordinate

Courts under their jurisdiction is periodically obtained by the Government. However, information

on cases registered and pending against various Film Actors / Celebrities for violation of laws is

not being obtained separately as such classification of cases is not being maintained.

Disposal of cases including those registered against Film Actors / Celebrities is in the

domain of Judiciary. Time taken for disposal of each case depends on several factors, which

include complexity of facts involved, nature of evidence, co-operation of stake-holders viz. bar,

investigation agencies, witnesses and litigants etc.

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LOK SABHA


TO BE ANSWERED ON THURSDAY, THE 18TH DECEMBER, 2014.

All India Judicial Service

4333. SHRI HARINDER SINGH KHALSA: KUMARI SHOBHA KARANDLAJE:

SHRI OM BIRLA:


(a) whether a majority of States have expressed their opinion regarding comprehensive proposal for constitution of All India Judicial Services;

(b) if so, the details thereof; (c) the action taken by the Government on the views expressed by the State

Governments; (d) whether the Government proposes to create special / separate courts for dealing with

cases of traffic / police challan, bribery and corruption; and (e) if so, the details thereof?

ANSWER

MINISTER OF LAW & JUSTICE (SHRI D. V. SADANANDA GOWDA)

(a) to (c): A comprehensive proposal was formulated for the constitution of an All India Judicial

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

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

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

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

sought on the proposal. 15 State Governments and 18 High Courts have furnished their views.

However, there is divergence of opinion among the State Governments and High Courts on

constitution of All India Judicial Service.

(d) and (e) : The subject matter relating to creation of additional / special courts in subordinate

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

Commission of India, in its 245th Report, titled “Arrears and Backlog : Creating Additional Judicial

(wo) manpower”, has inter-alia recommended creation of special morning and evening courts for

traffic / police challan cases. The recommendations of the Law Commission have been

forwarded to the State Governments and the High Courts.

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