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INDEX

S. No.

Question No. Question Type Date Subject Division

1. Question No. 694 Unstarred 03.12.2015 Service Conditions of Subordinate Judiciary

Justice-I

2. Question No. 758 Unstarred 03.12.2015 Performance of Judiciary National Mission

3. Question No. 792 Unstarred 03.12.2015 Setting up of New Courts Desk Side

4. Question No. 843 Unstarred 03.12.2015 Infrastructure for Judiciary National Mission

5. Question No. 903 Unstarred 03.12.2015 Appointment of Judges Desk Side

6. Question No. 910 Unstarred 03.12.2015 National Judicial Appointment Commission Act, 2014

Desk Side

7. Question No. 913 Unstarred 03.12.2015 Pending Court Cases National Mission

8. Question No.166 Starred 10.12.2015 E-Courts Mission Mode Project

Justice-II(PMU)

9. Question No.1846 Unstarred 10.12.2015 E-Courts Mission Mode Project

Justice-II(PMU)

10. Question No.1848 Unstarred 10.12.2015 Renaming of High Courts Desk Side

11. Question No.1856 Unstarred 10.12.2015 Implementation of Suggestions from Higher Courts

Justice-II

12. Question No.1896 Unstarred 10.12.2015 Mobile Courts National Mission

13. Question No.1957 Unstarred 10.12.2015 Use of Regional Languages in High Courts

Justice-I

14. Question No.2035 Unstarred 10.12.2015 Legal Aid LAP

15. Question No.2058 Unstarred 10.12.2015 Implementation of Supreme Court Judgment to Scrap Quota in Higher Education

Admin Unit

16. Question No.*262 Starred 17.12.2015 Judicial Reforms National Mission

17. Question No.2992 Unstarred 17.12.2015 Visits by Legal Services Authorities

LAP

18. Question No.3048 Unstarred 17.12.2015 Curriculum of National Judicial Academy

Justice-I

19. Question No.3137 Unstarred 17.12.2015 Judicial Reforms National Mission

20. Question No. 3173 Unstarred 17.12.2015 Family Courts Justice-II

21. Question No. 3218 Unstarred 17.12.2015 Cases of Crimes against Children

Justice-II

LOK SABHA GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

UNSTARRED QUESTION N0.694

TO BE ANSWERED ON THURSDAY, THE 3rd DECEMBER, 2015

Service Conditions of Subordinate Judiciary

694. SHRI DILIP PATEL:

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

(a) whether the Government proposes to set up an All India Judicial Commission to review the service conditions of members of the subordinate Judiciary in the country;

(b) if so, the details and the present status thereof; and

(c) if not, the other steps taken/being taken by the Government in this regard?

ANSWER

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

(a) to (c) : Service matters relating to subordinate judiciary fall within the

·competence. of the state governments and the All India Judges Association

has been so informed in reply to their request to constitute an All India Judicial

Commission.

A Writ Petition titled as W.P. (C) No.643 of 2015 - All India Judges

Association vs. Union of India & Others has been filed in the Supreme Court

praying for constitution of All India Judicial Commission to review the service

conditions of the judicial officers of subordinate judiciary in India including pay

scale, retirement age, pension and other emoluments of the sub-ordinate

judiciary from time to time. All State Governments/UTs are parties in this

case.

I

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

DEPARTMENT OF JUSTICE

LOK SABHA

UNSTARRED QUESTION NO. 758

TO BE ANSWERED ON THURSDAY, 03RD DECEMBER, 2015

Performance of Judiciary

758. SHRI SIRAJUDDIN AJMAL: .


(a) the details of the mechanism available to monitor the performance of the Judiciary I Judicial Officers in the country; and

(b) the steps taken by the Government to evolve a scientific method of performance appraisal of judicial officers?

ANSWER

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

' (a) and (b): Administrative Control over District and subordinate judiciary vests with the

concerned High Court as per the provisions contained in the Constitution of India. Various

High Courts have framed their own rules I guidelines for giving credit for disposal of various

categories of cases in performance appraisal of judges of subordinate judiciary. The

Supreme Court has constituted National Court Management System (NCMS). A Sub

Committee of NCMS has looked into the issue of developing a National Framework of Court

Excellence to set measurable standards of performance for courts and a monitoring

mechanism to measure these performance parameters. The Sub-Committee has submitted

its report to the NCMS.

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

/

GOVERi"!MENT OF INDIA MINISTRY OF LAW AND JUSTICE


LOK SABHA UNST ARRED QUESTION N0.792

TO BE ANS\vE.RED ON THURSDAY, THE 03.12.2015

Setting up of New Courts

792. PROF. A.S.R. NAIK: SHRI ARJUN LAL MEENA: SHRI HARIOM SINGH RATHORE: SHRI P.K. BIJU: SHRI CHAND NATH: DR. A. SAMPATH:


(a) whether the Government has assessed the adequacy of courts particularly higher comis vis-a-vis population in the com1tiy;

(b) if so, the details thereof and if not, the steps taken/being taken by the Government to increase the number of higher courts in propotiion to the population in the countty;

(c) whether the Govennnent has received proposals from various quarters for setting up of Benches of Supreme Court and High Courts including separate High Courts in various parts of the country; and

( d) if so, the details and the present status thereof, State/UT-wise including Andhra Pradesh and Telangana?

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

(a) to (d) : The Supreme Cami and High Courts are established as per Article 130 and 214 of the Constitution oflndia respectively and not on the basis of population of the country.

. .. 21-

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In accordance with the recommendations made by the Jaswant Singh Commission and judgment pronounced by the Apex Comt in W.P.(C) No. 379 of 2000, Bench(es) of the High Court are established after due consideration of a complete proposal from the State 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 day administration of the High Court and its Bench. The proposal should also have the consent of the Governor of the concerned State.

Requests for establishment of High Comt Benches in different parts of the country have been received from various sources, including some State Governments. However, at present there is no proposal complete in all aspects pending for consideration by the Central Government.

The Andhra Pradesh Reorganisation Act, 2014, provides for setting up of a separate High Comt for the State of Andhra Prade_sh. The Act also provides that once separate High Court for . the State of Andhra Pradesh is established, the existing High Coult will go to the State of Telangana. However, separate High Court for the State of Andhra Pradesh could not be established yet as the State Government has not yet completed all the necessary infrastructure for setting up of a separate High Comt.

***



LOK SABHA


TO BE ANSWERED ON THURSDAY, 03Ro DECEMBER, 2015

Infrastructure for Judiciary

843. SHRI RAMSINH RATHWA:


(a) whether it is a fact that the entire central assistance relating to development of infrastructure facilities for judiciary has not been released within the stipulated time frame;

(b) if so, the details thereof and the reasons therefor; (c) the details of funds allocated and released for the purpose to various States

during each of the last three years and the current year along with utilisation status thereof, State I UT-wise; and

(d) the time by which the balance amount is likely to be released?

ANSWER


(a) to (d): Development of infrastructure facilities for Judiciary is the primary responsibility of

the State Governments. However, in order to augment the resources of the· State

Governments, a Centrally Sponsored Scheme (CSS) for Development of Infrastructure

Facilities for Judiciary is being implemented under which central assistance is provided to the

State Governments for the construction of court buildings and residential units for District and

Subordinate Courts. ·

The details of Budget Estimates, Funds Sanctioned to the State Governments and

Union Territories during the last three years & current year and funds for which Utilisation

Certificates have become due but not yet received have been indicated in the Statement

annexed. On receipt of the complete proposals from the State Governments including

utilisation certificates for the funds sanctioned earlier, necessary financial assistance is

sanctioned to the State Governments in terms of the guidelines of the scheme, subject to

availability of funds.

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

Annexure

Statement referred to in reply to Lok Sabha Un-starred Question No. 843 for Reply on 03.12.2015. Details of Budget Estimates, Funds Sanctioned to the State Governments and Union Territories during the last three years 8, current year and funds for which Utilisation Certificates have become due but not yet received.

(Rs. in Lakhs\ Budget Budget Budget Budget Total amount for Estimates Estimates Estimates Estimates which Utilisation 2012-13 2013-14· 2014-15 2015-16 Certificate due but

SI. 66000.00 91100.00. 93599.00 56299.00 not yet received.

No. State I UT Funds Funds Funds Funds

Sanctioned Sanctioned Sanctioned Sanctioned in in 2012-13 in 2013-14 in 2014-15 2015-16 till

November 2015

1. Andhra Pradesh 6393.00 0.00 0.00 0.00 4516.00 2. Bihar 1524.00 0.00 4909.35 0.00 90.65 3. Chhattisaarh 0.00 0.00 2176.60 0.00 132.00 4. Goa 0.00 0.00 0.00 0.00 125.87 5. Guiarat 9893.00 10000.00 10000.00 5000.00 0.00 6. Harvana 0.00 3632.00 0.00 5000.00 0.00 7. Himachal 0.00 806.00 0.00 0.00 0.00

Pradesh .

8. Jammu & 2572.00 3428.00 3429.00 0.00 0.00 Kashmir

9. Jharkhand 1500.00 1693.00 3044.00 3044.00 0.00 10. Karnataka 7610.00 10384.00 . 16370.00 5000.00 0.00 11. Kera la 1499.00 0.00 0.00 0.00 490.95 12. Madhva Pradesh 2046.00 6141.00 6141.00 5000.00 0.00 13. Maharashtra 5920.24 10000.00 9975.00 5000.00 0.00 14. Orissa 1534.00 0.00 0.00 0.00 2247.18 15. Punjab 7902.00 12000.00 9805.00 5000.00 0.00 16. Rajasthan 1042.00 0.00 0.00 5000.00 0.00 17. Tamilnadu 1953.00 7343.00 0.00 0.00 5366.00 18. Uttarakhand 829.76 2043.00 3559.05 0.00 283.40 19. Uttar Pradesh 9398.00 12530.00 12531.00 5000.00 0.00 20. West Benaal 0.00 ·o.oo 2000.00 0.00 0.00

Total IAl 61616.00 80000.00 83940.00 43044.00 13252.05 NE States

1. Arunachal 0.00 Pradesh 750.00 0.00 1000.00 1593.00

2. Assam 2954.90 0.00 0.00 0.00 2954.90 3. Maniour 0.00 1500.00 2000.00 0.00 0.00 4. Meghalava 0.00 1474.00 1709.00 0.00 0.00 5. Mlzoram 704.78 812.56 1085.00 0.00 0.00 6. Nana land 750.00 0.00 2016.00 0.00 0.00 7. Sikkim 549.50 2802.84 0.00 0.00 1727.53 8. Trlpura 1495.60 2910.60 1550.00 0.00 3460.72 Total (Bl 7204.78 9500.00 9360.00 1593.00 8143.15 UTs 1. A&N Islands 0.00 0.00 0.00 259.68 0.00 2. Chandiaarh 0.00 0.00 0.00 0.00 1423.25

3. Dadra & Nagar 500.00 Haveill 0.00 0.00 0.00 0.00

4. Daman & Diu 0.00 0.00 0.00 0.00 58.73 5. Delhi 2000.00 0.00 0.00 0.00 0.00 6. Lakshadweeo 0.00 0.00 0.00 0.00 11.76 7 Pondicherrv 0.00 0.00 0.00 0.00 344.22 Total ICl 2000.00 0.00 0.00 259.68 2337.96 Grand Total IA+B+Cl 70820.78 89500.00 93300.00 44896.68 23733.16

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

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE


LOK SABHA

UNST AR.RED QUESTION N0.903

TO BE ANSWERED ON THURSDAY, THE 03.12.2015

Appointment of Judges

903. SHRI JITENDRA CHAUDHURY: SHRI RAHUL SHEW ALE: DR. SHRIKANT EKNATH SIIlNDE: SHRIMATI JAYSHREEBEN PATEL: SHRIMA TI SUPRIY A SULE: SHRI SATA V RAJEEV: SHRI YOGI ADITYA NATH: SHRI P.R. SUNDARAM: SHRI MALYADRI SRIRAM: SHRI MOIDTE PATIL VIJAYSINH SHANKARRAO: DR. A. SAMPATH: SHRI HARISHCHANDRA CIIA VAN: SHRI VINAY AK BHAURAO RAUT


(a) the total sanctioned strength of Judges in the Supreme Court, High Courts and Subordinate Courts in the country along with the number· of posts lying vacant at present, State/lJT-wise;

(b) the details of High Courts functioning without regular/pennanent Chief Justice State/lJTwise;

(c) the total number of Judges appointed during. the current year in the country, State/lJT/Court-wise; and

( d) the steps taken/being taken by the Government to fill up the vacancies of judges in various courts across the country at the earliest?

ANSWER

MINISTER OF LAW AND JUSTICE (SHRI D.V. SAD ANAND A GOWDA)

(a): A statement showing the approved Strength, working Strength and vacancies of judges in

the Supreme Court and the High Courts as on 27.11.2015 is given in the Statement at

Annexure- I . The appointment of judicial officers/ judges in the District/ Subordinate Courts is

in the domain of the State Governments and High Courts concerned. The data on

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2

sanctioned strength and working strength of judicial officers/ judges in District and Subordinate'

Courts as on 31-12-2014 is given in the statement at Annexure-Il.

(b) : A statement showing the details of High Courts functioning without regular/pe1manent

Chief Justice as on 27, l L2015 is given in the Statement at Annexure- ID.

( c) : A statement showing the number of Judges appointed during the current year in the

Supreme Court and the High Courts as on 27. l L2015 is given in the Statement at Annexure- IV.

(d) : Filling up of the vacancies in the High Courts is a time consuming process, as it requires

consultation and approval from various Constitutional authorities. ·while every effort is made to fill

up the existing vacancies expeditiously, vacancies do keep on arising on account of retirement,

resignation or elevation of Judges and increase in the Judge strength of High Courts, The

Collegium system of appointment of Judges of the Supreme Court and High Comts ceased to exist

consequent upon the coming into force of the Constitution (Ninety-Ninth Amendment) Act, 2014

and the National Judicial Appointments Commission Act, 2014 w.e.f 13.04.2015, The

Constitutional validity of both the Acts was challenged in Supreme Court. During the period only

those Additional Judges whose terms were expiring were given extensions of three months as per ,

the Supreme Court Orders dated 12.05.2015 and 15.07.2015. The Supreme Court pronounced its

judgment on 16.10.2015 and declared both the Acts as unconstitutional and void. The Col\egium

system as existing prior to the enfo;·cement of the Constitution (Ninety-Ninth Amendment) Act,

2014 was declared to be operative, The Supreme Court, however, asked for suggestions to improve

the Collegium system and on 19.11.2015 reserved its judgment on that issue, All proposals for

appointment of Judges of the Supreme Court and the High Comts are now being processed through

the Collegium system.

***

SI. No.

I

II

l

2

3

4

5

6

7

8

9

10

II

12

13

14

15

16

17

18

19

20

21

22

23

24

Annexure- I Annexure referred to in reply to part (a) of Lok Sabha Unstarred Question No.903 for answer on 3.12.2015

Vacancies as per Approved

Working Strength Name of the Court Strength Approved Strength

Supreme Court of India 31 28 03

High Court

Allahabad 160 75 85 '

High Court of Judicature at Hyderabad 49 27 22

Bombay 94 60 34

Calcutta 58 42 16

Chhattisgarh 22 09 13

Delhi 60 39 21

Gauhati 24 16 08

Gujarat 52 28 24

Himachal Pradesh 13 07 06

Jammu & Kashmir 17 JO 07

Jharkhand 25 14 II

Karnataka 62 31 31

Kera la 38 35 03

Madhya Pradesh 53 30 23

Madras 60 37 23

Manipur 04 03 01

Meghalaya 03 03 0

Orissa 27 22 05

Patna 43 29 14

Punjab& Haryana 85 50 35 .

Rajasthan 50 25 25

Sikkim 03 02 01

Tripura 04 04 0

Uttarakhand 11 06 05

Total 1017 604 413

Annexnre - ll Anncxnre referred to in reply to part (a) of Lok Sabha Unstarrcd Question No. 903 for answer on 3-12-2015. Sanctioned Strength, Working Strength and Vacancies of Judges I Judicial Officers in District and Subordinate Courts as on 31.12.2014

S.No. State I Union Territory

1 Andhra Pradesh and Telangana

2 Arunachal Pradesh

3 Assam

4 Bihar

5 Chandigarh

6 Chhattisgarh

7 Delhi

8 Din and Daman & Silvasa

9 Goa

10 Gujarat

11 Haryana

12 Himachal Pradesh

13 Jammu and Kashmir

14 Jharkhand

15 Karnataka .

16 Kerala and Lakshadweep

17 Madhya Pradesh

18 Maharashtra

19 Manipur

20 Meghalaya

21 Mizoram

22 Nagaland

23 Orissa

24 Puducherry

25 Pmtjab

26 Raiasthan

27 Sikkim

28 Tamil Nadu

29 Tripura

30 Uttar Pradesh

31 Uttarakhand West Bengal and the Andaman and

32 Nicobar Islands

Total

Data provisional

Source : High Courts

Sanctioned Working Vacancies Strength Strength

1034 884 150

16 15 1

403 312 91

1670 1027 643

30 30 0

354 302 52

793 476 317

7 6 1

52 40 12

1963 1216 747

644 485 159

146 128 18

244 221 23

578 382 196

1085 832 253

447 431 16

1460 1243 217

2072 1784 288

40 30 10

55 30 25

67 31 36

27 25 2

690 569 121

21 10 11

672 505 167

1145 831 314

18 15 3

997 876 121

104 78 26

2097 1761 336

289 191 98

994 868 126

20214 15634 4580

Annexure- III Annexure referred to in reply to part (b) of Lok Sabha Unstarred Question No.903 for answer on 3.12.2015

LiST OF ACTING CHIEF JUSTICES OF THE HIGH COURTS (As on 27/11/2015)

SL. NAME OF THE HIGH COURT NAME OF THE REMARKS NO. ACTING CHIEF JUSTICE ACTING CHIEF

JUSTICE SINCE S/SHRI JUSTICE

1 HIGH COURT OF JUDICIA TURE A D.B.BHOSALE 07/05/2015 HYDERABAD

2 BOMBAY SMT.V.K.TAHILRAMANI 09/09/2015

3 GAUHATI TINLIANTHANG V AIPHE! 21/10/2015

4 GUJARAT JAY ANT MANGANLAL PATEL 13/08/2015

5 KARNATAKA S.K.MUKHERJEE 01/06/2015 .

6 PATNA IQBAL AHMED ANSARI 01/08/2015

7 PUNJAB&HARY ANA S.J. VAZIFDAR 15/12/2014

8 RAJASTHAN AJITSINGH 23/08/2015

Annexnre- IV

Annexure referred to in reply to part (c) of Lok Sabha Unstarred Question No.903 for auswer on 3.11.2015

FRESH APPOINTMENT OF JUDGES MADE IN THE SUPREiYlE COURT AND HIGH COURTS

(AS ON 27.11.2015)

( SI. Name of the Comt No. of fresh

No appointments made

A. Supreme Court oflndia 01

Total (A) 01

B. HIGH COURT 1. GAUHATI 05 2. ALLAHABAD 07 3. CALCUTTA 08 4. KERA LA 07 5. SIKKIM 01 6. ORJSSA 03 7. illARKHAND 01 8. PATNA 02 9. PUNJAB &HARY ANA 01

TOTAL(B) 35

/ GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE ·


LOK SABHA

UNSTARRED QUESTION NO. t910


. National Jndicial Appointment Commission Act, 2014

t910. SHRIRAJESHRANJAN: SHRI N.K. PREMACHANDRAN: SHRI ARJUN MEGHW AL: SBRI VINCENT H. PALA: ADV. M. UDHAYAKUMAR:

. SHRI SUNIL KUMAR SINGH:

SHRI SATISH KUMAR GAUTAM: SHRI C. MAHENDRAN: SHRI ANTO ANTONY: SHRI M.I. SHANA VAS:


(a) whether the Government proposes to review the National Judicial Appointment Commission Act, 2014 (NJAC) following the recent judgement of the Supreme Court thereby striking down the same;

(b) if so, the details thereof along with the follow up action taken/proposed to be taken by the Government following the said judgement;

(c) whether the erstwhile Collegium System is being revived/reviewed in order to make it more transparent and accountable;

( d) if so, the details and the present status thereof; and

(e) the present status of the proposal fonnulated in 2012 for creation of an All India Judicial Service (AIJS) and the steps taken/being taken by the Government in this regard?

ANSWER


(a)to (d) : . The Supreme Court vide its Order dated 16.10.2015 has inter-alia declared thi

Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointment~

Commission Act, 2014 as unconstitutional and void. The system of appointment of Judges to the

Supreme Court, and ChiefJustices and Judges to the High Court; and transfer of Chief Justices and

.. 21-

. : 2 :·

Judges of High Courts from one High Court, to another, as existing prior to the Constitution

(Ninety-ninth Amendment) Act, 2014 called the "collegium system'', has been declared to be

operative. Supreme Court has simultaneously decided to consider introduction of appropriate

measures, if any, for an improved working of the "Collegium System".

The Government of India submitted its suggestions to the Supreme Court for improving

the "Collegium System" subject to its reservation about the correctness of the Judgment.

The Government has taken the stand that it reserves its liberty to take such action as it may decide

fit and nothing in the suggestions made by the Government or participation in the proceedings

ought to be construed as the Government being estopped from such action .. Fmther, the Parliament

shall have the power within the parameters of the Constitution to govern the criteria and pi·ocess for

appointment of Judges to the Supreme Court and High Courts.

The Supreme Comt appointed two amicus curiae for compiling the suggestions received

from the Advocates. It fmther directed that suggestions may also be invited from the Public by

· stipulated deadline.

Accordingly, Department of Justice issued a Public Notice on 6.11.2015 in all major

National/Regional Dailies inviting suggestions from the public. All the suggestions received by the

Department were forwarded to the two amicus curiae. The amici curiae in their report filed in the

Supreme Court have stated that about 1450 suggestions were received within the deadline fixed by

the Supreme Court.

( e) : A comprehensive proposal was formulated for the constitution of an All India Judicial

service (AUS) and the same was approved by the Committee of Secretaries in November, 2012.

TI1e proposal was included as an agenda item in the Conference of Chief Ministers and Chief

Justices of the High Courts held in April, 2013. It was decided in the Conference that the issue

needs further deliberation and consideration. The views of the State Govermnents·and High Courts

were sought on the proposal.

.. . 31-

: 3

The views of the State Governments and High Courts received in this regard were included

in the agenda notes for the Conference of Chief Ministers of States and Chief Justices of High

Courts held on 5th April, 2015. No consensus was reached on the matter. The matter regarding

uniform procedure for appointment of District Judges and creation of Judicial Service Commission

for conducting a common written examination for recruitment to the post of District Judges was

also included in the agenda of Chief Justices' Conference held on 3rd and 4th April, 2015. As per

the decision taken in the Chief Justices' Conference, it has been left open to respective High Courts

to evolve appropriate methods within the existing system to fill up the vacancies of District Judges

expeditiously.

***

-- -- --- --



LOK SABHA

UNSTARRED QUESTION'NO. 913

-----~--------- -

TO BE ANSWERED ON THURSDAY, 03Ro DECEMBER, 2015

Pending Court Cases

913. SHRI SUMAN BALKA: PROF. RAVINDRA VISHWANATH GAIKWAD: SHRI J.C. DIVAKAR REDDY: SHRIMATI JAYSHREEBEN PATEL: SHRI CHAND NATH: SHRI R. GOPALAKRISHNAN: .


(a) the number of cases pending in the Supreme Court, High Courts and Subordinate Courts as on date;

(b) the number of cases disposed of by these Courts during the last three years and the current year, Court I State I UT-wise; ·

(c) whether the Government has assessed the reasons for inordinate delay in delivery of justice in the country; and

(d) if so, the outcome thereof along with the steps taken I being taken to address the issue and ensure expeditious disposal of the pending cases?

ANSWER

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

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

Courts. As per the information available, 58,906 cases are pending in the Supreme Court

of India as on 01.12.2015.

The number of cases disposed of by the Supreme Court in last three .years is as

follows:-

Year Disposal 2012 33263 2013 40193 2014 45021

2015 (till 01.12.2015) 44090 The Supreme Court has informed that these figures have been calculated taking on

the cases disposed (main or connected and not l.A.s) while treating hyphenated matters

as a single matter.

As per information made available by the High Courts, 41.53 lakh cases were

pending in High Courts and 2.64 crore cases were pending in District and Subordinate

Courts as on 31.12.2014.

The details of cases disposed of during the last three years in the High Courts and

District I Subordinate Courts are given in the Statements at Annexure - I and Annexure -

II respectively.

Some of the main factors responsible for pendency of cases in courts are 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 I appeals,

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

arrangement to monitor, track and bunch cases for hearing.

Disposal of pending cases in courts is within the domain of judiciary. The

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

of arrears and pendency in judicial system> which, inter-a/ia, involves better infrastructure

for courts including computerisation, increase in strength of judicial officers I juc;lges, policy

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

human resource development. As a result of concerted efforts, the trend of increasing

pendency of cases in the subordinate courts has been checked.

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

Annexure-1

Statement referred to in reply to Lok Sabha Un-starred Question No. 913 dated 03.12.2015 regarding Pending Court Cases.

Cases disposed of in Hiah Courts d . h urma last t ree ears SI. High Court 2012 2013 2014 No Disposal of cases Disposal of cases Disposal of cases 1 Allahabad 2,47,539 2,36,821 3,10,294

2 Andhra Pradesh 66,130 58,278 66,239

3 Bombay 1,74,020 1,40,761 1,30,580

4 Calcutta 78,428 1,34Jl38 95,656

5 Delhi 35,656 35,371 40,154

6 Gujarat 63,778 64,450 74,444

7 Gauhati 35,713 30,308 27,467

8 Himachal Pradesh 37,772 36,455 62,270

9 Jaininu &Kashmir 16,380 24,916 23, 151

10 Karnataka '1,21,624 1,28,134 1,19,824

11 Kerala 78,801 68,871 72,173 12 Madras 2,46,200 2,31,817 1,29,954 13 Madhya Pradesh 1,00,281 1,11,348 1,29,373

14 Orissa 81,388 70,262 76,523

15 Patna 91,328 82,343 1,04,955 16 Punjab & Haryana 1,08,266 1, 11,465 1,14,801

17 Rajasthan 1,31,277 1,27,928 83,792 18 Sikkim 126 140 230

19 Uttarakhand 13,616 15,661 13,386 20 Chhattisgarh 27,817 28,206 . 28,155

21 Jharkhand 30,030 25,970 22,327

22 Tripura* 0 4,379 5,144

23 Manipur* 0 2,677 1,926

24 Meghalaya* 0 1,418 1,724

Total 17,86, 170 17,72,917 17,34,542

* .. ru Operat1onal1sat1on of High Court was nol1f1ed on 23 March, 2013. **********

Annexure-11 Statement referred to in reply to Lok Sabha Un-starred Question No. 913 dated 03.12.2015 regarding Pending Court Cases.

Cases disnosed of in District and Subordinate Courts durina last three years SI. No States 2012 2013 2014

Disoosal of cases Disnosal of cases Disposal of cases 1 Andhra Pradesh and 6,06,447 5,14,867 6,47, 130

Telannana 2 ArunachalPradesh _7,355 7,444 7,615 3 Assam 2,39,706 3,14,672 2,76,138 4 Bihar 3,04,786 3,15,586 3,05,583 5 Chhattisgarh 1,62,104 1,79,065 1,76,144 6 Goa 33,886 30,717 30,625 7 Gujarat 10,72,123 11,37,159 11,32,433 8. Haryana 7,33,591 6,08,315 5,87,385 9 Himachal Pradesh 2,46,052 2,93,575 4,09,732 10 Jammu & Kashmir 2,91,100 3,07,192 2,97,507 11 Jharkhand 1,23,777 1,18,076 1, 10,068 12 Karnataka 10,35,706 10, 17,437 13,67,041 13 Kera la 11,12,342 11,71,821 13,55,926 14 Madhya Pradesh 12,17,733 12,73,437 11,13,382 15 Maharashtra 20,48,255 17,10,180 15,36,322 16 Manipur 14,572 16, 189 14,257 17 Meghalaya 2,982 3,284 11,691 18 Mizoram 11,747 10,270 10,747 19 Naaaland 3,179 3,062 3,047 20 Orissa 3,00,337 4,14,772 4,70,085 21 Punjab 7,58,927 6,11,671 5,49,300 22 Rajasthan 11,50;808 11,99,745 11,32,028 23 Sikkim 1,913 2,146

. 2,008

24 Tamil Nadu 14,99,884 18,44,056 16,45,329

25 Tripura 1,48,688 1,58,838 1,93,003

26 Uttar Pradesh 27,98,690 29,66,521 31,82,318

27 Uttarakhand . 1,78,409 2,22,318 2,20,660 28 West Bengal and A 9,92,367 11,84,289 10,89,309

& N Island 29 Chandigarh 1,38,558 1,53,772 1,80,616

30 D & N Haveli and 8,451 3,344 2,771 Daman & Diu

31 Delhi 9, 18,683 9,57,154 9,30,732 32 Lakshadween 96 93 95 33 Pondicherrv 33,899 32,479 28,631

Total 1,81,97,153 1,87 .83,546 1,90,19,658 ******************

*166.

GOVERNMENT OF iNIJIA

MINISTRY OF LAW AND JUSTICE

(DEPARTMENT OF JUSTICE)

LOK SABHA

Starred Question No. 166 To be answered cm Thursday, the 10'h December, 2015

E-COURTS MISSION MODE PROJECT

SHRI CH. MAI.LA REDDY:

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

a) the present status/progress achieved f0>r vari0>us components in

the implementation of e-Courts Mission Mode Project;

b) the funds allocated/utilised for the purpose and the nmnber of

courts computerised so far, State/UT-wise;

d) the! steps taken/beiiig taken implementation of the project?

ANSWER

for effective I '

MINISTER OF LAW & JUSTICE

(Shri D. V. Sadananda Gowda)

a) to d): A statement is laid on the Table of the House

and timely

\

STATEMENT REFERRED TO IN REP!.. Y TO PARTS (a) TO (d) OF LOK

SABHA STARRED QUESTION N0.166 FOR 10rn DECEMBER, 2015

REGARDING E·COURTS MISSION MODE PROJECT

a) and b) As on 301" November, 2015, more than 93% of the

mandated activities of Phase I of the Project have been completed. The status of provision of local Area Network (LAN), hardware and

software to courts covered under the project is given below:

Allahabad 2009 1957 2003 1964 Telanqana & Andhra Pradesh 889 835 835 705 Bombay 1908 1891 1908 1955 Calcutta. 774 774 770 770 Chhattisoarh 267 231 218 182 Delhi* 0 0 0 0 .

Gauhati** 424 368 403 385 Gujarat 837 811 738 910 Himachal Pradesh 101 101 101 100 Jabalpur 1151 1101 1101 1100 Jammu And Kashmir 184 171 156 129 Jharkhand 536 479 479 444 Jodhpur 788 775 787 787 Karnataka 786 773 768 765 Kera la 420 396 413 370 Madras 784 752 668 638 Orissa 423 423 I 423 413 Patna 1060 922 ' 788 788 Punjab And Haryana 714 689 689 682 Sikkim 10 10 10 10 Uttarakhand 184 184 178 176 ~''·''''~~ ·······)\.(

(as per Project Progress Monitoring System (PPMS) portal of NIC) as on 30.11.2015 *Computerisation of 41 O courts in Delhi was not done through Phase I of the eCourts Project. **Courts under the jurisdiction of High Courts of Manipur, Mizoram and Tripura are included in the figures mentioned against Gauhati High Court

After including courts which were not covered by the project but which have been provided software, 13672 district and subordinate

courts are now computerised. In addition to above, ICT

infrastructure of the Supreme Court and High Court has also been

upgraded. State Governments · have also undertaken some

computerisation.

A unified national core application software • Case Information

System (CIS) software • has been developed and made available for

deployment at all comiputerised courts.

.

The national e-Courts portal (http://www.ecourts.gov.in) has become operational and has been opened for public access through

websites of indivich.aai districts as well as through National .Judicial

Data Grid (NJDG). The portal provides online services to litigants

such as details of case registration, cause list, case status, daily

orders, and final judgments. Currently, litigants can access case status information in respect of over 5.59 crore pending and decided

· cases and more than 1.93 crore orders/judgments pertaining to

district and subordinate Courts. N.JDG data will also help the

judiciary in judicial monitoring and management and the

Government to get data for policy purposes.

Against the approved cost of Rs.935 crore for: Phase ! of the Project, Rs.617.35 crore have been released to NIC upto 30'h

November, 2015 for the above components of the eCourts project.

Ph-11 of the eCourts Project has been approved in July,

2015. It envisages enhanced ICT enablement of court through

universal computerisation, use of cloud computing, digitisation of case records and enhanced availability of e·Services through SMS,

e-filing arid e-payment gateways.

c) and d) The Phase II of the' eCourts Mission Mode Project was

approved in the month of .July, 2015 and the i:iuration of the project

would be four years, or until the project is co'mpleted, whichever is lat.er. Various steps have been taken for effective and timely implementation of the project. The design and specifications of the computer hardware has been finalized by the eCommittee of the

Supreme Court of India and the High Courts have initiated action to

make procurement of computers. Further, NIC continues to provide technical support in Phase II of the Project. The Phase II provides

for 2 PMUs - one in Supreme Court and one in the Department of

.Justice. The PMUs have been set up for effective monitoring, coordination and smooth implementation of the project. The PMU in

the Department of Justice periodically reviews progress in

implementation of the Project and brings up issues requiring

approval of the Empowered Committee of the Project.

The Project cost has been estimated at Rs.1670 crore and

umplementation has commenced with effect from 4'" August, 2015.

1

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE

(DEPARTMENT Of JUSTICE)

LOK SABHA UNSTARRED QUESTION No. 1846

TO BE ANSWERED ON THURSDAY, THE 10TH DECEMBER, 2015

e-Courts Mission Mode Project

1846. SHIU I.ADU KISHORE SWAIN:

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

a) the details of progress achieved so far in the implementation

of e-Courts Mission Mode Project along with the funds

allocated/utilised for the purpose, State/ UT-wise; b) whether the e-filing system has started functioning in the

country; c) if so, the details and the present status thereof indicating

the number of cases registered under the e-filing system so far, StateiUT .. wise; and

d) the steps taken/being taken by the Goverrm1er.t too ;:;r;;;<;;te

m.'ll'areness about e-fl!ing system across the country,

State/UT-wise? I I

·ANSWER MINISTER OF LAW & JUSTICE

(Shri D. V. Sadananda Gowda)

(a)to (d) As on 30'" November, 2015, more than 93% of the mandated

activities of Phase I of the Project have been completed.

1 Sites readiness

2 Hardware installation

. Statics as on · •.30.11.2015

14249

13436

100.00

94.29

/$.' +t;I~~ \

3

4

o;-••

LAN installation

Software deployment

Status as on <.30;,11.2015

13643

13273

95.75

93.15

In addition to above, !CT infrastructure of the Supreme Court and High Court has also been upgraded. A unified national core

application software - Case Information System (CIS) software - has

been developed and made available · for deployment at all computerised courts. The national e-Courts portal (http://www.eco1.1rts.gov.i11) has become operational and has been

opened for public access through websites of individual districts as well as through the National .Judicial Data Grid (N.JDG). The portal

. provides online services to litigants such as details of case

registration, cause list, case status, daily orders, and final judgments. Currently, litigants can access case stat11.11s information in respect of

over 5.59 crore pending and decided cases and more than 1.93 crore orders/j11.11dgments pertaining to district and subordinate Courts. NJDG data will also help the judiciary in judicial monitoring and management

and the Government to get data for policy purposes. Against the approved cost of Rs.935 crore, Rs.617.35 crore

have been released to National Informatics Centre (NIC, tile

Implementing Agel'licy for Phas~ I of the Project)upto 30th November, 2015 for .the above componemts of the eCourts Phase I project for all

the states on consolidated basis. /

e-fiiingwas not taken up in Phase I of the Project, but it is

included inPhase II of the Project. The implementation of Phase II commenced on 4th August, 2015.

*********

GOVERNMENT OF lNDIA MINISTRY OF LAW AND JUSTICE


LOK SABHA UNST ARRED QUESTION N0.1848


Renaming of High Courts

1848. SHRI ASJJW!Nl KUMAR:

Will the Ministe·· of LAVI/ AND JUSTICE be pleased to state:

(a) whether the Government proposes to rename various High Coutts in view of the change in the name of their respective cities;.

(b) if so, the details and the prnsent status thereof, cou1i/State/UT-wise; and

(c) the details ofproposals received from various State Governments in this regard along with the action taken by the Govenu11ent thereon, State/UT-wise?

ANSWER M!NlSTER OF LA vV AND .JUSTICE (SHRI D.V. S.;\DANANDA GOWDA)

I I

(a) to (c) : The State Governments of Maharashtra, Tamil Nadu and West Bengal have

sent the proposals for changing the name of 'Bombay High Court' as 'Mumbai High

Court', 'Madras High Court' as 'Chennai High Court' and 'Calcutta High Court' as

'Kolkata High Court' respectively. A suitable legislation to consider such requests is

under consideration of the Government.

GOVERNMENT Of INDIA

MINISTRY OF LAW & JUSTICE


LOK SABHA


TO BE ANSWERED ON THURSDAY, THE 10'" December, 2015

lmpleme111tatio111 of Suggestions from Higher Courts

+1856. SHRI A.SHOK MAHADEORAO NETE:

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

(a) whether the Government has received

suggestions/recommendations on various issues from High Courts and

the Supreme Court during the last three years and the current year;

(b) if so, the details thereof; and

(c) the follow-up action taken by the Government thereon alo111g with

the implementation status thereof?

ANSWER

·MINISTER OF LAW & JUSTICE

{SHRI D. V. Saclananda Gowda ) I

(a) to (c): Whenever the Supreme Court and the High Courts make

observations/recommendations in their judgments, these are taken i111to consideratio111 by the Governme111t. Chief .Justices of the High Courts also make various suggestions and recommendations through ~

resolutions of the Chief .Justices Co111ferences a111d the Conferences of

Chief Ministers and Chief Justices. Action taken reports are

submitted on those suggestions and recommendations requiring

actio111 by the Government. Sometimes suggestions are also received

from .Judges individually. The Chief .Justice of Patna High Court made

a suggestion regardli111g operatio111 of the family Courts Act. The

suggestion was considered a111d a reply sent.

---- --··---··-·~- ... --

GOVERNMENT OF !NOIA MINISTRY OF LAW AND JUSTICE .


LOK SABHA


TO BE ANSWERED ON THURSDAY, 10TH DECEMBER, 2015

Mobile Courts t1896. SHRIMATI SAKUNTALA LAGURI:


(a) the steps takenlbeing taken by the Government to encourage the State Governments to set up mobile courts as per requirement in their States particularly in backward areas, State/UT-wise including Odisha;

(b) the number of such courts set up during each of the last three years and the current year, State/UT-wise including Odisha; and

(c) the other steps taken/being taken by the Government in this regard?

ANSWER


(a) to (c):· lJnder the primary responsibility for

establishment of subordinatE? courts in the States.,. rests with the respective State

Government/,. The Central Government provides financi,al assistance to State Governments , for setting up Gram Nyayalayas which may hold mobile court outside their headquarters in

terms of the provisions contained in the Gram Nyayalayas Act, 2008.

As per information available, 194. Gram Nyayalayas have been notified by 1 O States_..

including 16 Gram Nyayalayas notified by the Government of Odisha. Year-wise and State

wise details of Gram Nyayalayas notified by the State Governments during last three years

are given below.

SI. No. Name of State • 2012 2013 2014 1 Maharashtra 1 1 7 2 Jharkhand 6 - -3 Odisha 6 2 -4 Goa 2 - -5 Puniab - 2 -6 Harvana - 2 -7 Uttar Pradesh - - 12

" .. 2/-

... 2 ...

The issues affecting operationalization of the Gram Nyayalayas were discussed in

the Conference pf Chief Justices of High Courts and Chief Ministers of the States on yth

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

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

into account their local problems. The focus is on setting up Gram Nyayalayas in the

Talukas where regular courts have not been set up.

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

I I



LOK SABHA



Use of Regional languages in High Courts

1957. SHRI D.S. RATHOD:


(a) whether the Government proposes to allow use of the regional languages in the High Courts in various States;

(b) if so, the details thereof;

(c) whether the Government has received requests from various State Governments in this regard; and

(d) if so, the details and the present status thereof, State/UT-wise?

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

(a) to (d) : The Governments of Tamil Nadu, Gujarat and Chhattisgarh had

sent requests to the Government seeking the previous consent of the

President of lndia under Article 348 (2) of the Constitution of India, for the

use of the regional language in the proceedings of the High Courts of their

States. Government had taken up these requests with the Chief Justice of

India. The Full Court of the Supreme Court considered the requests in its

meeting held on 1.1 th October, 2012 and reiterated the earlier similar

resolutions of the Full Court adopted in 1997 and 1999 to not accept the

requests. The Government has abided by this decision.

.. . . 21-

2

Based on another request received on 10th June, 2014 from the

Government of Tamil Nadu, the Government has again written to the Chief

Justice of India on 4th July, 2014 in this regard. A similar request from the

Government of Karnataka has also been received for the use of Kannada

language in the proceedings of the Karnataka High Court. This request has also

been forwarded to the Supreme Court. The Hon'ble Supreme Court has informed

that the matter will again be put up for consideration of the Full Court.

I


DEPARTMENT OF JUSTICE ******

LOK SABHA·



Legal Aid 2035. SHRI KAMAL NATH:

DR. VIRENDRA KUMAR SHRIMATI RANJEET RANJAN: SHRI JYOTIRADITYA M. SCINDIA: SHRI LAXMI NARAYAN YADAV: SHRI CHANDRAKANT KHAIRE: SHRI M.K. RAGHAVAN: SHRI MULLAPALL Y RAMACHANDRAN: SHRI ALOK SANJAR:


(a) the norms and guidelines of the legal assistance system for providing free legal aid to the poor and weaker sections of the society;

(b) Vihether the Government proposes "tc1 further strengthen the !eg.a·i redressal system to dispense justice to, the said sections of the society and if so, the details and the present·status thereof;

I (c) whether the Government has enacted/proposes' to bring in a law giving "Right

to Justice" in the country and if so, th.e details. and the present status thereof;

(d) the steps taken by the Government to provide justice/legal redressal within the stipulated time frame in view of the huge expenditure involved in the litigation process in ·the country; and ·

(e) whether the Government is aware of the large number of persons lodged in various prisons in the country due to lack of access to legal aid/assistance and if so, the details thereof and the remedial steps taken by the Government in this regard?

ANSWER


(a)&(b) The norms and guidelines/ eligibility conditions for availing of free legal seNices are given under Section 12 of Legal SeNices Authorities Act,

1987. As per these norms, the following persons are entitled to free legal services irrespective of their economic or social status:

o a member of a Scheduled Caste or Scheduled Tribe; o a victim of trafficking in human beings or begar as referred to in article 23

of the Constitution; o a woman or a child; o 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 (1of1996);

o 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

o an industrial workman; or o 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 U) 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 (g) of section 2 of the Mental Health Act, 1987 (14 of 1987);

o 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.

Free Legal Services include: I

i) Services of an advocate · ii) All relevant charges payable or incurred in connection with any legal

proceedings. iii). Charges for drafting, preparing, filing or any legal proceedings and

representation by a legal practitioner in legal proceedings iv) Cost of obtaining any certified copy/copies of judgments, orders and other

miscellaneous expenses in legal proceedings v) Cost of preparation of paper book (including paper, printing and

translation of documents) in legal proceedings and expenses incidental thereto

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. Counseling is also rendered as the part of 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, Counseling 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 for pending cases. Legal Services also include

spreading of legal awareness in communities and remote areas & legal literacy in schools and colleges.

(c) The Right to Justice is enshrined in the Constitution of India, so no separate statute is considered necessary.

(d) Disposal of pending cases in courts is within the domain of the judiciary. The Government has adopted a co-ordinated approach to assist the judiciary for phased liquidation of arrears and pendency in judicial system, which, inter-alia, involves better infrastructure for courts including computerization, increase in strength of judicial officers/judges, policy and legislative measures in the areas prone to excessive litigation and emphasis on human resource development. Further, the Legal Services Authorities Act , 1987 provision has been made for organizing Lok Ada lats for providing speedy and cost effective justice.

(e) The Legal Services Authorities at all levels from District to Taluk levels organise Lok Adalats for criminal compoundable offences. They also organise Lok Adalats in jail premises itself. 13009 Lok Adalats have been organized in jails from January, 2010 to June, 2015 and 59812 cases of undertrial prisoners have been settled. The District Legal services Authorities have also established Legal Services Clinics in all the Jails. ·

I I

GOVERNMENT OF !NOIA

MINISTRY Of LAW & JUSTICE (DEPARTMENT OF JUSTICE)

LOK SABHA

UNSTARRIED QUESTION N0.2058


Implementation of Supreme Court Judgement to Scrap Quota in Higher

Education

2058. SHRI NAGAR RODMAl:

SHIU SAN.JAY HARIBHAU JADHAV:

SHIU DALPAT SINGH PARA.STE: SHRI R.DHRUVA NARAYANA:

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

{a) whether the Government is aware of the recent judgement of the

Supreme Court holding that national interest requires doing away with all forms of reservation in Institutions of higher education in

the country;

(b)

(c)

if so, the details thereof and the rek!cticm of the Government

thereto; '

whether the Government proposes to bring any legislation to

implement the aforesaid judgement; and

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

ANSWER

MINISTER OF LAW AND JUSTICE

{SH~I D.V. SADA.NANDA GOWDA)

(a) to (d): The information is being collected and the same will be laid on the Table of the House.



. LOKSABHA

STARRED QUESTION N0.*262

TO BE ANSWERED ON THURSDAY, 17TH DECEMBER, 2015

Judicial Reforms

*262. SHRIMATI KOTHAPALU GEETHA:


(a) whether the Government has taken note of huge pendency of cases in the Supreme Court, High Courts and Subordinate Courts, if so, the reaction of the Government thereto; ·

(b) whether the Government proposes to bring reforms in the Judiciary, including transparency and accountability of advocates towards litigants, if so, the details thereof;

(c) whether the Government also proposes to introduce any Bill for Judicial reforms if so, the details and the present status thereof; and

(d) the steps taken I being take11 by the Government to unleash judicial reforms ·~u1d ensure accountability and transparency in judicial administration in the country?

ANSWER

MIN~STER OF LAW AND JUSTICE {SHRI D. V. SADANANDA GOlfDA)

' (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 QIJESTION NO. *262 FOR ANSWER ON 171R DECEMBER, 2015.

National Mission for Justice Delivery and Legal Reforms was set up with the twin

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

accountability through structural changes and by setting performance standards and capacities.

The Mission has been pursuing a co-ordinated approach for phased liquidation of arrears and

pendency in judicial administration which, inter-alia, involves better infrastructure for courts

including computerization, increase in manpower strength of judiciary, suggesting policy and

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

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

account of concerted efforts made by the stakeholders, the increasing trend of pendency of

cases in the Supreme Court, High Courts and District & Subordinate courts has been checked.

A Statement indicating comparative position of pendency of cases in the Supreme Court, High

Courts and Subordinate Courts is annexed.

The legislative initiatives taken by the Government in the recent past for necessary legal

and judicial reforms include amendments to the Negotiable Instruments Act, 1881 io clarify ihe

jurisdictional issues and provide for centralization of cases against the same drawer,

amendments to Arbitration and Conciliation Act, 1996 for time bound conclusion of arbitration

proceedings and constitution of Commercial Courts, Commercial Division and Commercial . .

Appellate Division in the High Courts for speedy disposal ?f high value commercial disputes.

Further a broad based participative and transparent mechanism for appointment of judges in the

High Courts and Supreme Court was created with the notification of 99th Constitutional

(Amendment) Act, 2014 and Judicial Appointments Commission Act, 2014 on 13th April, 2015.

The Supreme Court vi de its order dated 16-10-2015 has however struck down these two

enactments which had collectively established National Judicial Appointment Commission

(NJAC).

In terms of the provisions contained in the Advocates Act, 1961, the Bar Council of India has

framed necessary rules which inter-alia provide for standards of professional conduct and

etiquette for the advocates. The government has impressed upon the Bar Council of India to

improve the professional abilities and conduct of the members of the Bar.

Annexure

Annexure referred to in Statement laid on the Table of the House in relation to reply to Lok Sabha Starred Question No.262 for answer on 17 .12.2015

Comparative position of pendency of cases in Supreme Court, High Courts and Subordinate Courts

1. Pendency in Supreme Court Number of Cases

As on 31.12.2012 As on 30.11.2015 66,692 58,879

2. Pendency in High Courts Number of Cases

As on 31.12.2012 As on 31.12.2014 44.34 lakh 41.53 lakh

3. Pendency in District and Subordinate Courts Number of Cases

As on 31.12.2012 As on 31.12.2014 2.68 crore 2.64 crore

***********

I ,

' /

/


DEPARTMENT OF JUSTICE ******

LOK SABHA



Visits by legal Services Authorities

+2992. SHRI B. SENGUTTUVAN:


(a) Whether the National Legal Services Authority or Delhi State legal Services Authority made any visits to various Universities including Delhi University to interact with students during the current year;

(b) If so, the details and the objectives thereof;

(c) whether the Government proposes to organise more such visits by various Legal Services Authorities to various educational institutions across the country; and

(d) if so, the details thereof?

ANSWER

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

(a)&(b) Yes, Madam. The Delhi State Legal Services Authority has set up a Legal Services Clinic at faculty of Law, University of Delhi with necessary infrastructure. The Legal Services Clinic are manned and operated by Law Students of Campus Law Centre (who are Para Legal Voiuntee;s PLVs) and they provide Free Legal Aid and Services to the Legal Aid Beneficiaries .. One Legal Services Advocate visits the faculty on every Saturday from 10.00 a.m .. to 1.00 p.m.

There is also a Legal Services Clinic at Law Centre -1, University of Delhi which is also manned anCl operated by law students who are PLVs and a Legal Services Advocate is visiting the Legal Services Clinic on every Saturday from 10.00 a.m. to 1.00 p.m.

Contd-

-2-

The Delhi State Legal Services Authority has also organized Orientation and Sensitization Programme for the law students on various dates creating awareness about the Social Welfare measures by the Central Government as well as State Government besides making them aware about various beneficial schemes which have been floated for the Contract Labourers, Construction workers, Insurance and Pension issues. The Delhi State Legal Services Authority is also going to start Legal Awareness Programme in association with Delhi University Community Radio Services which is going to run from the Main University Ground from January, 2016.

(c)&(d) The Legal Services Authorities have been organising legal awareness programmes/legal literacy classes in the ·schools & colleges to spread legal awareness. In these camps/classes, students are taught· about various laws and they are given legal assistance, if required. The National Legal Services Authority has framed the National Legal Services Authority (Legal Services Clinics in Universities, Law Colleges and other Institutions) Scheme, 2013. The objectives of the scheme are:

a. To set up nationwide collegiate Legal services Clinics to familiarize law students of the country to the problems faced by the masses ignorant about their right and remedies under the la\'V.

b. To attain the ideals of "Social Economics and Political" justice as enshrined in the Constitution in the backdrop of poverty and inequality, by reaching out to. the marginalized and the vulnerable communities through the collegiate Legal services Clinics. ;

I

c. To spread legal awareness among students and people at large through aware camps, seminars, debates, legal counseling, poster making and street plays.

d. To expose students to community services.

e. To introduce the students to socio-economic impediments to access to justice.

' f. To provide the students a platform for the empowerment of socially and

economically backward groups or individuals.



LOK SABHA


TO BE ANSWERED ON THURSDAY, THE 1J1h DECEMBER, 2015

Curriculum of National Judicial Academy

3048. SHRI RAM CHARITRA NISHAD:


(a) whether the National Judicial Academy has reviewed or proposes some changes in its curriculum for training of judges/judicial officers making them more tech-savvy and stress-free;

(b) if so, the details and the objectives thereof; and

(c) regard?

if not, the other steps taken/being taken by the Government in this

ANSVVER


(a) to (c) : The National Judicial Academy (NJA) ha~ made changes in the Academic

Year 2015-2016 for delivery of training programmes so as to make Judges tech-savvy

as well as stress-free. These include introduction of sessions on library reading and

computer skills training in all training programmes and introduction of management

and psychology to resolve disputes, conflicts, differences with peers and other

stakeholders in the justice system. Furthermore, three programmes have been

designed this year to raise awareness and build capacity of Judges on use of

Information and Communication Technology (ICT) in Court room procedures. An

exclusive two day Stress Management Workshop for High Court Judges has also

been introduced for the first time.

GOVERNMENT OF iNDIA MINISTRY OF LAW AND JUSTiCE


LOK SABHA

UNSTARRED QUESTION NO. t3137

TO BE ANSWERED ON THURSDAY, THE 17rn DECEMBER, 2015

Judicial Reforms t3137. SHRI ABHISHEK SINGH:


(a) the steps taken I being taken by the Government to carry out judicial reforms in the country;

(b) the budgetary allocation made for the purpose in the current financial year; (c) whether the Government proposes to introduce any technical and refresher

training programmes for the judges and public prosecutors in the country; and (d) if so, the details thereof?

ANSWER


(a) to (d): National Mission for Justice Delivery and Legal Reforms was set up with the twin

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

enhancing accountability through structural changes and by setting performance standards

and capacities. The Mission , has been pursuing a co-ordinated approach for phased

liquidation of arrears and pendency in judicial administr91tion which, inter-a/ia, involves , better infrastructure for courts including computerization, increase in manpower strength of

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

litigation, recommending re-engineering of court procedure for quick disposal of cases and

emphasis on human resource development. On account of concerted efforts made by the

stakeholders, the increasing trend of pendency of cases in the Supreme Court, High

Courts and District & Subordinate Courts has been checked.

The Budget Estimates for various Plan Schemes of Department of Justice viz . . Infrastructure Facilities for Judiciary, eCourts Mission Mode Project, Strengthening of

Access to Justice etc. for the current financial year (2015-16) are Rs. 806.65 crore.

2/c

... 2 ...

The National Judicial Academy (NJA) has made changes in delivery of training

programmes in the Academic Year 2015-16 to inculcate better use of technology among

Judges in a stress free environment. A session on library reading and computer skills has

been introduced for one hour each every day after technical sessions are over. Further,

management and psychology disciplines to resolve disputes, conflicts, differences with

peers and other stakeholders in the justice system have been introduced.

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

I I

+3173.

GOVERNMENT OF INDDA .. ' ~VilNISTRY Of LAW & JUSTICE

(DEPARTMENT OF JUSTICE)

LOK SABHA UNSTAIRRED QUESTION !NI0.3'173

Family Courts

SHIRi C.S. PUTT.A RA.JU:

SHIR.I GANESH SINGH:

SHRI KAPIL MORESHWAR PATIL

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

(a)the total number of family courts functioning in the country at

present, State/UT-wise: ·

(b)the total number of cases pending in these courts as on date,

·State/UT-wise; (c)whether the Government has received proposals from various State

Governments including Madhya Pradesh for setting up of family

courts; and {d)!f so, the details and the present status thereof, State/UT-wise?

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

............ -.. -(a): As per the reports 'received, a statement indicating the State

wise number of family Courts functioning in ttle country is enclosed as

Annexure·I.

(b): Information is being collected and will be iaid on the Table of the

House.

(c) & (d): Approval of Central Government is not required for setting up

of Family Courts in States. Family Courts are set up by the State

Government in consultation with the respective High Court. However,

on the request of the State Government, Central Government issues

notification extending the Family Courts Act to the State. No such

request is pending. Andaman and Nicobar Administration being a

Union Territory has sent a proposal for creation· of posts for setting

up of one family Court in Port Blair.

Statement referred to in reply to Part (a) of the Lok Sabha Unstarred

Question No.3173 for 17.12.2015 regarding family Courts.

NUMBER Of fAMll.. Y COURTS !FUNCTIONAi..

S.No. Name of the State Number of family Courts

functional in the State

1 Andhra Pradesh 14

2 Arunachal Pradesh -3 Assam 03 4 Bihar 39

5 Chhattisgarh 19

6 Delhi 15

7 Goa -8 Gujarat 17

9 Haryana 07 10 Himachal Pradesh -11 Jammu & Kashmir -12 Jharkhand 21 .... '.,, Kar-nata'ka 27

14 Kerala '"'.!f§' .... 15 Madhya Pradesh 44

16 Maharashtra 22

17 Manipur· ' 05

18 Meghalaya - I , 19 Mizoram 04

20 Nagaland 02

21 Odisha 17

22 Punjab 7 23 Pudw::herr; 01

24 Rajasthan 28 25 Sikkim 04

26 - Tamil Nadu 14

21 Telanga'na 12

28 Tripura 03

29 Uttar Pradesh 16

30 Uttarakhand 01

31 West Bengal 02

Total 438

'

,v

' '7 /

3218.

--~------------------ --

GOVIE!RNMENT OIF INDBA MBNDSTRY OF LAW 1£, JiUSTBCIE


II.OK SABHA UINlSTARRED QUESTION N0.3218

TO ~E ANSWERED OH THURSDAY, THE 17'" December, 2015

Cases of Crimes against Children

SHIU B SR!RAMUl!.U:

Wm the Minister of LAW & JIUSTICE be pleased to state:

--~---·~----

(a)the total number of cases relating to abuse/crimes against children

pending in -Supreme Court, High Courts and Subordinate courts in

the coanatry, State/UT/court-wise; (b)the total 1u.1mber of such cases disposed of during each of the last

three years and current year State/UT/court-wise; (c)whether the Government proposes to adopt victim-friendly trial

procedu•es in such cases in order to protect the ...:ictims f;rom aggressive questioning/character assa;;;;;;ii'iatiun by the prosecutors;

(d)if so, the details thereof; and

(e)if not~ the reasons therefor afongwith the steps taken/being taken In

this regard?

ANSWER I MINISTER Of LAW & .JUSTICE

(SHRI D.V. Sadananda Gowda) ......................

(a) & {b): Based on the information available 0111 the website of

National Crime Records B!l.llreau (INICRB), a State/UT-wise statement

indicating the number of cases of e;rimes against children in which

trials were completed and the m.amber of cases pending trial as at the

end of the years 2012, 2013 ad 2014 is enclosed as Annexure-1 •

. (c) to (e): The Protection of Children from Sexual Offences Act, 2012

provides for constitu·tion of Special Courts for disposal of cases of crimes

against children. The Act Days down various measures for victim friendly trial

procedure in cases involving crimes against children.

(i) The S!J>eCiai i"ublic IF'~'<1llseca1tor, or as .the case may be, the

cou1111seH ap!J>eari1111g f<GJr the ac.cused shall, while reconli1111g the

exami1111ation-in·chief, ciross-exami111ati<i»1111 ©>!I" re-examination of the

child, comma,micate the questkms to be put to the child to the

Special Court which shall in burn put those questions to the child.

{!!) The Special Court may, if it considers necessary, permit frequent

breaks for the child during the trial.

(iii) The Special Court shall create a child-friencUy atmosphere by

allowing a family member, a guardian, a friend or a relative, in

whom the chiUd has tirust or ccmfidence, to be present in the

- -- court.

(iv) The Special Court shall ensure that the child is not called

repeatedly to testify in the court.

(v) The Special Court shall not permit aggressive questioning or

character assassination of the child a11d ensure that dignity of

the chih:I is maintained at all times during the trial.

(vi) The Special Court shall ensure that the identity of the child is not

disclosed at a11y time during the course of investigation or trial.

Section-36 of the Act lays down that the Special Court shall ensure

recording of the evidence. The Special Court may record the statement

of a child through video conferem:::ing or by utilizing single visibility

mirrors or curtains or any other device. Section-37of the Act lays down ' that the Special Court shall try cases in camera and in the presence of

the parents of the child or any other person 1J whom the child has trust

or confidence. Section-38 of the Act lays down that if a child has a

mental or physical disability, the Special Court may take the

assistance of a special educator or any person familiar with the

manner of communication of the child or an expert in that. field to

record the evidence of the child. Model Guidelines have also been

issued under -Section-39 of the Act for use of Professionals and

Experts.

Statement referred to in reply to part (a) & (bl of Lok Sabha IJnstarred Question No. 3218 for answer 011

17-12-2015.

Annexure-I CASES OF CRIMES AGAINST CHILDREN

S.No. States No. of Cases No. of Cases No. of Cases 2012 2013 2014

-· ----------- ----

In whieh Pending Trial In \Vhich Pendina Trial In which Pending Trial Trials at the end of Trials at the end of Trials at the end of

Completed year Completed year Completed year

1 Andhra Pradesh 1471 3070 1138 3783 680 2281 2 Arunachal Pradesh 5 181 0 232 4 116

3 Assam 45 519 228 627 88 914

4 Bihar 867 3290 513 4101 497 4564 5 Chhattisgarh 1222 4068 1240 5318 1670 6045 6 Goa 11 261. 9 352 16 491

7 Gujarat 466 5596 524 6577 450 7250

8 Haryana 221 803 612 1146 1157 1505

9 Himachal Pradesh 97 ·~··· ----- 542 179 630 126 748

10 Jammu & Kashmir 10 181 . 125 108 54 353

11 Jharkhand 86 64 47 76 327 604 12 Karnataka 253 887 383 1158 331 3026 13 Kerala 387 3596 423 4593 431 6238 14 Madhya Pradesh 3086 12159 4063 13866 5345 18080 15 Maharashtra 1033 18007 994 21255 1319 25302 16 Manipur 0 b 0 9 0 27 17 Meghalaya 5 231 15 333 7 478 18 Mizoram 42 101 37 121 53 146 19 Nagaland 16 7 12 0 5 7 20 Odisha 99 1144 192 1711 207 2840 21 Punjab 289 875 632 969 495 864

'

22 Rajasthan 770 3200 609 ( 4065 786 5329 23 Sikkim 38 87 99 27 34 61 24 Tamil Nadu 299 1421 542 1700 961 2449 25 Telangana - - - - 633 2507 26 Tripura 36 328 22 409 65 460 27 Uttar Pradesh 1911 11115 2040 16024 2751 25011 28 Uttarakhand 57 171 82 205 83 417 29 West Bengal 194 2466 222 3539 557 6315

Total (All-India) 13016 74375 14982 92934 19132 124428

UNION TERRITORIES:

30 A & N Islands 8 198 19 250 26 254 31 Chandigarh 44 105 69 111 113 127 32 D & N Haveli 8 39 6 39 0 44 33 Daman & Diu 3 14 7 12 3 11 34 Delhi 788 3520 803 4153 823 6021

_35 ~.

Lakshadweep 0 0 0 0 0 1 36 Puducherry 17 91 4 103 0 39

Total (UTs) 868 3967 908 4668 965 6497 Total (All-India) 13884 78342 15890 97602 20097 130925

I

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