report no. 75 · ildr - institute of legislature drafting and research ili - indian law institute...

PARLIAMENT OF INDIA

DEPARTMENT-RELATED PARLIAMENTARON PERSONNEL, PUBLIC

Rajya Sabha Secretariat, New Delhi

SEVENTY FIFTH REPORT

Demands for Grants (2015the Ministry of Law and Justice

(Presented to the Rajya Sabha on 28

(Laid on the Table of Lok Sabha on 28

PARLIAMENT OF INDIA RAJYA SABHA

RELATED PARLIAMENTARY STANDING COMMITTEEON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

Rajya Sabha Secretariat, New Delhi April, 2015/Vaisakha, 1937 (Saka)


Demands for Grants (2015-2016) of the Ministry of Law and Justice

Presented to the Rajya Sabha on 28th April, 2015)

Laid on the Table of Lok Sabha on 28th April, 2015)

Y STANDING COMMITTEE JUSTICE

REPORT NO.

75

PARLIAMENT OF INDIA

DEPARTMENT-RELATED PARLIAMENTARON PERSONNEL, PUBLIC

Rajya Sabha Secretariat, New Delhi


Demands for Grants (2015the Ministry of Law and Justice

(Presented to the Rajya Sabha

(Laid on the Table of Lok Sabha on 28

CS (P &

PARLIAMENT OF INDIA RAJYA SABHA

RELATED PARLIAMENTARY STANDING COMMITTEEON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

Rajya Sabha Secretariat, New Delhi April, 2015/Vaisakha, 1937 (Saka)


Demands for Grants (2015-2016) of the Ministry of Law and Justice

Presented to the Rajya Sabha on 28th April, 2015)

Laid on the Table of Lok Sabha on 28th April, 2015)

CS (P & L) - 149

Y STANDING COMMITTEE JUSTICE

ACRONYMS A2J - Access to Justice

ATFE - Appellate Tribunal of Foreign Exchange

ATR - Action Taken Replies

BCI - Bar Council of India

CAT - Central Administration Tribunal

CPWD - Central Public Works Department

CSS - Central Sector Schemes

ECI - Election Commission of India

EPIC - Electors Photo Identity Cards

EVM - Electronic Voting Machine

ICADR - International Centre for Alternate Dispute Resolution

ICPS - Institute of Constitutional and Parliamentary Studies

IIIDEM - India International Institute of Democracy and Election Management

ILDR - Institute of Legislature Drafting and Research

ILI - Indian Law Institute

ITAT - Income Tax Appellate Tribunal

NALSA - National Legal Services Authority

NJA - National Judicial Academy

NMJDLR - National Mission for Justice Delivery and Legal Reforms

NRI - Non- Resident Indian

OLW - Official Languages Wing

SAJI - Strengthening of Access to Justice-India

SVEEP - Systematic Voters and Electoral Participation

VSP - Vidhi Sahitya Prakashan

VVPAT - Voter-Verified Paper Audit Trail

C O N T E N T S

PAGES

1. COMPOSITION OF THE COMMITTEE (i)

2. INTRODUCTION (ii)

3. REPORT 1 - 9

(i) CHAPTER - I BRIEF OVERVIEW OF THE MINISTRY

(ii) CHAPTER – II 10-15 OVERVIEW OF THE BUDGET ALLOCATIONS DURING 2013-14

(iii) CHAPTER – III 16-24 DEMAND NO. 63 : ELECTION COMMISSION OF INDIA

(iv) CHAPTER – IV 25-42 DEMAND NO. 64 : DEPARTMENT OF LEGAL AFFAIRS

(v) CHAPTER – V 43-49 DEMAND NO. 64 : LEGISLATIVE DEPARTMENT

(vi) CHAPTER – VI 50-76 DEMAND NO. 64 : DEPARTMENT OF JUSTICE

(vii) CHAPTER – VII 77-79 DEMAND NO. 65 : SUPREME COURT OF INDIA

4. RECOMMENDATIONS/OBSERVATIONS AT A GLANCE 80-96

* 5. RELEVANT MINUTES OF THE MEETINGS OF THE COMMITTEE

* To be appended at printing stage.

5

COMPOSITION OF THE COMMITTEE

1. Dr. E.M. Sudarsana Natchiappan Chairman

RAJYA SABHA 2. Ms. Anu Aga 3. Shri Majeed Memon 4. Shri Parimal Nathwani 5. Smt. Rajani Patil 6. Shri Sukhendu Sekhar Roy 7. Shri Ramchandra Prasad Singh 8. Dr. Abhishek Manu Singhvi 9. Shri K.T.S. Tulsi 10. *Shri Bhupender Yadav

LOK SABHA 11. Shri Suvendu Adhikari 12. Shri Subrata Bakshi 13. Adv. Sharad Bansode 14. Shri P.P. Chaudhary 15. Shri Abu Hasem Khan Chowdhury 16. Choudhary Mehboob Ali Kaiser 17. Shri Shanta Kumar 18. Shri Santosh Kumar 19. Shri S. Bhagwant Mann 20. Shri Anoop Mishra 21. Shri B.V. Naik 22. Shri Vincent H. Palla 23. Shri V. Panneerselvam 24. Shri Vithalbhai Hansrajbhai Radadiya 25. Dr. A. Sampath 26. Shri Bharat Singh 27. Shri Udhayakumar M. 28. Shri Varaprasad Rao Velagapalli 29. Dr. Anshul Verma 30. #Shri Tariq Anwar 31. $Adv. Joice George

SECRETARIAT Dr. D.B. Singh, Additional Secretary Shri K.P. Singh, Director Shri Ashok K. Sahoo, Joint Director Smt. Niangkhannem Guite, Assistant Director

* Change in the nomination of Shri Aayanur Manjunatha w.e.f. 30th September, 2014.

# Vacancy existing since the constitution of the Committee was filled-up on 11th September, 2014. $ Change in the nomination of Shri Innocent w.e.f. 22nd December, 2014.

(ii)

6

INTRODUCTION

I, the Chairman of the Department-related Parliamentary Standing Committee on Personnel,

Public Grievances, Law and Justice, having been authorised by the Committee to present the Report on

its behalf, do hereby present this Seventy-Fifth Report on Demands for Grants (2015-16) pertaining to the

Ministry of Law and Justice.

2. The Committee heard the Secretary, Department of Legal Affairs; Secretary, Legislative

Department; Secretary, Department of Justice; the Director-General, Election Commission of India; the

Registrar, Supreme Court; Secretary General, ICADR; Hony. Treasurer, ICPS; Director, ILI; Member,

Income Tax Appellate Tribunal, Member Secretary, NALSA, Director, NJA and Member, Bar Council

of India in its sitting held on the 24th March, 2015.

3. The Committee, while making its observations/recommendations, has relied upon the following:-

i. Detailed Demands for Grants of the Ministry for the year 2015-16;

ii. Detailed Explanatory Notes on the Demands for Grants (2015-16) received from the

Ministry and the agencies and attached offices of the Ministry;

iii. Annual Report of the Ministry for the year 2015-16 and the latest available Annual Reports

of the agencies and attached offices of the Ministry;

iv. Written replies furnished by the Ministry to the Questionnaire sent to it by the Secretariat;

v. Written clarifications to the points/issues raised by Members in the meeting of the

Committee; and

vii. Presentations made by the Secretary, Department of Legal Affairs; Secretary, Legislative

Department; Secretary, Department of Justice on 24th March, 2015; and Director-General,

Election Commission of India; Registrar, Supreme Court; Secretary-General, ICADR;

Director, ICPS; Director, ILI; Member, Income Tax Appellate Tribunal, Member Secretary,

NALSA; Director, NJA and Member, Bar Council of India.

4. The Committee considered and adopted the Report in its sitting held on the 27th April, 2015.

5. For facility of reference and convenience, the observations and recommendations of the

Committee have been printed in bold letters in the body of the Report.

New Delhi; Dr. E.M.S Natchiappan

27th April, 2015 Chairman,

Department-related Parliamentary Standing Committee on

Personnel, Public Grievances, Law and Justice

(ii)

7

CHAPTER - I

BRIEF OVERVIEW OF THE MINISTRY

1.0. The Union Ministry of Law and Justice comprises of three Departments,

namely, the Department of Legal Affairs, Legislative Department and Department

of Justice and through the said Departments, the Ministry assists in the process of

orderly change directed towards realization of the objectives set out in the

Constitution.

DEPARTMENT OF LEGAL AFFAIRS

1.1. As per the Government of India (Allocation of Business) Rules, 1961, the

Department of Legal Affairs renders advice to various Ministries/Departments of

the Government of India on legal matters and carry out the litigation work in

various Courts, including the Supreme Court. Besides this, it is also concerned

with the appointment of Law Officers, namely the Attorney General for India, the

Solicitor General of India and the Additional Solicitor Generals of India, assists in

entering into treaties with foreign countries in matters of civil law on behalf of the

President of India. It is also the nodal authority in respect of Appellate Tribunal for

Foreign Exchange, the Income Tax Appellate Tribunal and National Tax Tribunal.

1.2. The Department of Legal Affairs has a two tier set up, namely, the Main

Secretariat at New Delhi and the Branch Secretariats at Mumbai, Kolkata, Chennai

and Bangalore. The nature of duties discharged by the Main Secretariat and Branch

Secretariats can be broadly classified into two areas - Advice work and Litigation

work. Advice caters to Central Government Departments/Offices at Centre and in

States/UTs and Litigation work relates to Central Administration Tribunal (CAT),

High Courts and Supreme Court.

8

1.3. The following are the organizations/institutions, which come under the

overall supervision of Department of Legal Affairs and get Grant-in-aid for their

research works:-

(a) Law Commission of India: - The Law Commission of India is a non-

statutory body, constituted by the Government once in three years. The

Commission was first constituted in 1955. It consists of a Chairman,

three full-time Members, one Member-Secretary and three or more

part-time Members, depending upon the nature of work. Law

Commission Reports are considered to be primary source of law

reforms for Parliament, as well as the judiciary.

(b) Income Tax Appellate Tribunal (ITAT): - Section 252 of the Income

Tax Act, 1961 provides that the Central Government shall constitute an

Appellate Tribunal consisting of as many Judicial Members and

Accountant Members as it thinks fit, to exercise the powers and

discharge the functions conferred on the Appellate Tribunal by said

Act.

(c) Appellate Tribunal of Foreign Exchange (ATFE): - The Appellate

Tribunal of Foreign Exchange was established on 1st June 2000 vide

Government of India Notification No. S.O. 531 (E), dated 1.6.2000

issued under section 18 of the Foreign Exchange Management Act,

1999 (FEMA),

(d) Indian Law Institute (ILI):- The Indian Law Institute registered under

the Societies Registration Act, 1860 is engaged in research in the field

of law.

9

(e) International Centre for Alternate Dispute Resolution (ICADR):-

The International Centre for Alternate Dispute Resolution was

registered under the Societies Registration Act, 1860 on 31st May 1995.

It is an autonomous organisation working under the aegis of the

Department.

(f) Bar Council of India (BCI): - The Bar Council of India is a statutory

body constituted under the Advocates Act 1961, which has been

empowered among other things to lay down standards of professional

conduct and etiquette for lawyers, maintain and improve the standard of

legal education in the country.

(g) Institute of Constitutional and Parliamentary Studies (ICPS):- The

Institute of Constitutional and Parliamentary Studies is a private body

engaged in research in the field of constitutional and parliamentary

studies and came into existence in 1965.

LEGISLATIVE DEPARTMENT

1.4. The Legislative Department acts mainly as a service provider in so far as the

legislative business of the Union Government is concerned. The Department is

entrusted with legislative matters and is responsible for drafting of all Government

Bills and Ordinances and scrutiny and vetting of subordinate legislations sponsored

by various Union Ministries/ Departments. Rendering assistance to Parliament and

Joint/Standing Committees in respect to Bills before its enactment. It is also

administratively concerned with certain matters such as the Code of Civil

Procedure, Limitation and Arbitration, Contracts, Personal Laws, Evidence and

Transfer of Property. There are over hundred Central Acts falling under these

subjects.

10

1.5. The Department has two wings under it mainly:-

(h) Institute of Legislative Drafting and Research: With a view to

increase the availability of trained legislative draftsmen in the country,

the Institute of Legislative Drafting and Research was established as a

Wing of the Legislative Department, Ministry of Law and Justice in

January, 1989.

(ii) Official Languages Wing and Vidhi Sahitya Prakashan: The

Official Languages Wing is a successor Organisation of the Official

Languages (Legislative) Commission under the Legislative

Department. It has been entrusted with the preparation and publication

of a standard legal terminology for use in all Official Languages;

authoritative texts in Hindi of all Central Acts and Ordinances and

Regulations promulgated by the President, all rules, regulations and

orders made by the Central Government under any Central Act and

authoritative texts of all Central Acts and Ordinances and Regulations

promulgated by the President in the respective Official Languages of

the States and to arrange for the translation of all Acts passed and

Ordinances promulgated in any State into Hindi, if the texts of such

Acts or Ordinances are in a language other than Hindi.

1.6 Election Commission of India: Legislative Department is also

administratively concerned with the Election Commission of India and Election

laws connected with election to Parliament and State Legislatures and to the

offices of the President and the Vice-President. There is a separate Demand No.63

for the Election Commission of India.

11

DEPARTMENT OF JUSTICE

1.7. The duties of the Department of Justice, as per the Government of India

(Allocation of Business) Rules, 1961, include the administration of justice and the

processing of appointment of judges of the Supreme Court and High Courts,

appointment of Judicial Commissioners and Judicial Officers in Union Territories,

creation of All India Judicial Service and extension/exclusion of the jurisdiction of

a High Court to a Union Territory.

1.8. The following institutions/autonomous bodies/policy initiatives come

directly under the overall supervision of Department of Justice:

(a) Supreme Court of India:- There is a separate demand No.65

(Appropriation) pertaining to the Supreme Court of India. The

expenditure to be incurred on the Supreme Court of India is ‘Charged’

expenditure.

(b) National Legal Services Authority (NALSA):- The National Legal

Services Authority has been constituted under the Legal Services

Authorities Act, 1987 to monitor and evaluate implementation of legal

aid programmes and to lay down policies and principles for making

legal services available under the Act. The NALSA issues guidelines

for the State Legal Services Authorities to implement the legal aid

programmes which are in turn discharged through the following

services:-

(i) Free Legal Services: It includes court fees, process fee and all

charges payable or incurred in connection with any legal

proceedings, providing Advocate in legal proceedings, etc.

12

(ii) Lok Adalats: - Lok Adalat is a forum where the disputes/cases

pending in the court of law or at pre-litigation stage are

settled/compromised amicably. The Lok Adalat has been given

statutory status under the Legal Services Authorities Act, 1987.

(c) Family Courts/Special Courts :- The Family Court Act, 1984 was

enacted with a view to providing for establishment of Family Courts, to

promote conciliation and secure speedy settlement of disputes relating

to marriage, family affairs and related matters. In accordance with the

provisions of section 3 of the Act, the State/UT Governments can

establish Family Courts in the areas comprising districts, towns, city in

the States having population of ten lakhs. Even the States/UTs are

competent to establish such court in those areas with the State/UT

having a population less than ten lakhs in consultation with the

concerned High Court.

(d) National Judicial Academy:- The National Judicial Academy was

registered as a Society under the Societies Registration Act and came

into existence with effect from 17th August, 1993. The affairs of the

Academy are managed by a Governing Council, which is chaired by the

Chief Justice of India. The registered office of the Academy is in

Supreme Court Building at New Delhi and another office was

established in August, 2000 at Bhopal. The main objectives of the

Academy are to impart training to the Judicial Officers of the

States/Union territories and to study the court management and

administration of justice in States and Union territories.

13

(e) Centrally Sponsored Scheme: The government is implementing a

Centrally Sponsored Scheme (CSS) for development of infrastructure

facilities for judiciary since 1993-94. The scheme covers construction

of court buildings and residential accommodation of judicial

officers/judges covering only Subordinate courts. Under the Scheme,

funds are provided to the States to augment their capacities for

infrastructure development of the District and Subordinate Courts. The

modified CSS is to be implemented in a Mission Mode approach over

the years 2011-16 under the National Mission.

(f) National Mission for Justice Delivery and Legal Reforms: Set up for

five years in 2011, and became fully functional with effect from the

financial year 2012-13. The twin goals of the Mission include

increasing access by reducing delays and arrears in the system and

enhancing accountability at all levels through structural changes and

setting performance standards and facilitating enhancement of

capacities for achieving such performance standards. The four schemes

proposed to be pursued under the Mission are as under;

(i) National Mission-Action Plan Implementation

(ii) Action Research and Judicial Reforms

(iii) Setting-up of Model Courts (Phase I)

(iv) Access to Justice- Government of India Project (New Scheme).

(g) Access to Justice- Externally Aided Project (UNDP assisted)

The Project started in 2009 with support under the United Nations

Development Programme (UNDP). The Project is being implemented

in 7 States (Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, Orissa,

Rajasthan and Uttar Pradesh) and aims to strengthen access to justice

for the marginalized

tribes and minorities

to address the barriers they face.

(h) Computerization of District and Subordinate Courts

E-courts Mission Mode Project Phase

proposed in the 12

1000 new Courts, use of solar energy under e

computerisation of the Public Prosecutors Office, videoconferencing

facility for jails, enhancement of ICT infrastructure of courts,

digitization of old case records, computerisation of Judicial libraries,

up-gradation of application softwa

Screen Kiosks with a provision of

over a period of five years.

(i) Establishment of Gram Nyayalayas under the Gram Nyayalayas

Act, 2008 :- The Gram Nyayalayas Act, 2008 has been enacted by the

Parliament to provide for the establishment of the Gram Nyayalayas at

the grass root level for the purpose of providing speedy and inexpensive

access to justice to the citizens at their door steps. The

Government would meet 50% of the recurring expenses to be incurred

on the setting up of these courts in the first three years subject to a

ceiling of 3.20 lakhs per annum.

(j) The Thirteenth Finance Commission:

improving justice delivery, Thirteenth Finance Commission (TFC) has

recommended a grant of

14


for the marginalized - particularly women, scheduled castes, scheduled

tribes and minorities - by supporting strategies and initiatives that seek

the barriers they face.

Computerization of District and Subordinate Courts

courts Mission Mode Project Phase-I & II:-

proposed in the 12th Plan with components such as computerisation of

1000 new Courts, use of solar energy under e




gradation of application software, SMS based services, Touch

Screen Kiosks with a provision of 1280 crore which would spread

over a period of five years.

Establishment of Gram Nyayalayas under the Gram Nyayalayas

The Gram Nyayalayas Act, 2008 has been enacted by the



access to justice to the citizens at their door steps. The



3.20 lakhs per annum.

Thirteenth Finance Commission: With the objective of

stice delivery, Thirteenth Finance Commission (TFC) has

recommended a grant of 5000 crore over its award period of 2010


particularly women, scheduled castes, scheduled

by supporting strategies and initiatives that seek

Computerization of District and Subordinate Courts

This is a scheme

Plan with components such as computerisation of

1000 new Courts, use of solar energy under e-Courts Project,




re, SMS based services, Touch

1280 crore which would spread

Establishment of Gram Nyayalayas under the Gram Nyayalayas

The Gram Nyayalayas Act, 2008 has been enacted by the



access to justice to the citizens at their door steps. The Central



With the objective of

stice delivery, Thirteenth Finance Commission (TFC) has

5000 crore over its award period of 2010-

15

15. This grant is aimed at providing support to improving judicial

outcomes, and is allocated for initiatives such as - operation of

morning/evening courts/shift courts, Alternate Dispute Resolution

(ADR) Centres, training of mediators/conciliators for ADR Centres,

holding of Lok Adalats, provision of Legal Aid, training of judicial

officers, assistance to State Judicial Academies, training of Public

Prosecutors, appointment of Court Managers, maintenance of Heritage

Court Buildings, etc.

(k) The Fourteenth Finance Commission has recommended 9,749

crore to the Department of Justice for pendency reduction by

establishing additional courts, Fast Track Courts, establishment of

Family Courts, redesigning existing courts to make them litigant-

friendly, augmenting technical support for e-courts, scanning and

digitalization, Access to justice- legal aid, Lok Adalats , ADR, Training

and capacity building of judges, public prosecutors, mediators and

lawyers and establishing state judicial academies for Manipur,

Meghalaya and Tripura.

16

CHAPTER – II

AN OVERVIEW OF THE BUDGET ALLOCATIONS DURING 2015-16

2.0. The total budgetary allocations for the Ministry of Law and Justice for the

year 2015-16 are shown under the following three Demands: -

(i) Demand No. 63 pertains to the Election Commission, which is under

the administrative control of the Legislative Department;

(ii) Demand No. 64 is the consolidated Budget Estimates pertaining to the

Department of Legal Affairs, the Legislative Department and the

Department of Justice under the Ministry of Law and Justice;

(iii) Demand No. 65 pertains to the Supreme Court of India, which is

under the administrative control of the Department of Justice. The

expenditure incurred on the Supreme Court of India is ‘charged’

expenditure.

2.1. Demand No. 63 relates to the expenditure of the Election Commission

which involves a total amount of 80.00 crores, which includes 4 crores as

capital expenditure for the construction of India International Institute of

Democracy and Election Management (IIIDEM) campus. The overall Demands

for Grants of the Ministry of Law and Justice for the year 2015-16 stands at

3523.65 crores for both Plan and Non-plan under Demand No. 64, which covers

budgetary allocations for all the three Departments, namely, the Department of

Legal Affairs, the Legislative Department and the Department of Justice. Demand

No. 65 provides budgetary allocation amounting to 155 crore for the Supreme

Court.

2.2. The Plan and Non-plan, Revenue and Capital, Charged and Voted break-up

17

of the budgetary allocations for the year 2015-16 and a comparison with Actual

Expenditure (2013-14), Budget Estimate (2014-15), Revised Estimate (2014-15)

and Budget Estimate (2015-16) have been given in the following tables:-

BUDGET (2015-2016) AT A GLANCE

( in crores)

Demand No. Total Plan Non- Revenue Capital Charged Voted Plan

63 - Election 80.00 - 76.00 76.00 4.00 - 80.00Commission

64 - Law & Justice 3523.65 806.65 2717.00 2614.25 102.75 - 3523.65(Department of Legal Affairs, Department of Justice and Legislative Department)

65 – Supreme 155.00 - 155.00 155.00 - 155.00 - Court

2.3. The following table is indicative of the variation with BE of 2015-16 with

the BE and RE of the previous financial year against the Actual Expenditure of

2014-15.

COMPARATIVE ANALYSIS

( in crores)

Demand No. Actuals BE RE BE Variation 2013-14 2014-15 2014-15 2015-16 between RE 2014-15 & BE 2015-16

63 –Election Commission 65.46 69.00 70.00 80.00 10.00

64 - Law and Justice 1859.45 2047.25 1931.53 3523.65 1592.12

18

(Department of Legal Affairs; Department of Justice and Legislative Department)

65- Supreme Court 133.89 134.36 150.00 155.00 5.00

2.4. There is an increase of 10 crore in between RE (2014-15) and (2015-16)

for the Election Commission (Demand No. 63). There is a substantial increase of

1592.12 crore in BE (2015-16) over RE (2014-15) for Ministry of Law and

Justice (Demand No. 64). The increase is mainly on account of carry forward

liability in respect of charges for conduct of General Lok Sabha Election in 2014

and for reimbursement of Central Government’s share on normal election expenses

to the State/UT Governments, which also includes purchase of EVMs, VVPT and

cost of preparation and printing of electoral rolls. For the Supreme Court (Demand

No. 65) there is an increase of 5 crore in BE (2015-16) over RE (2014-15).

2.5. The following table shows the Department-wise allocation for the Ministry

of Law and Justice. The Department of Legal Affairs and Legislative Department

have been allocated 366.09 Crore and 2175.07 crores respectively under the

Non-Plan head. The Department of Justice has been allocated 982.47 Crore,

which includes 806.65 under Plan side and 175.82 crore under Non-Plan side.

2.6. Out of the total budget of 3523.65 crore in BE 2015-16 for the Ministry of

Law and Justice, 806.65 crore is Plan and 2614.25 is Non Plan allocation and

102.75 crore is allocated for Capital expenditure.

19

Department-Wise Plan and Non-Plan Allocation of the Ministry in BE 2015-16

( in crore)

Plan and Non Plan SL

NO. NAME OF DEPARTMENT PLAN NON PLAN

1 DEPT. OF LEGAL AFFAIRS NIL 366.09

2 LEGISLATIVE DEPARTMENT NIL 2175.07

3 DEPATMENT OF JUSTICE 806.65 175.82

TOTAL 806.65 2717.00

2.7. The details of the Plan and Non-Plan allocation for BE (2015-16) of the

Ministry of Law and Justice is as under;-

NON-PLAN ( in crore)

Budgetary Head

Description BE 2014-15

BE 2015-16

1. Secretariat General Services

1.01 Department of Legal Affairs 38.64 46.93 1.02 Appellate Tribunal for Foreign

Exchange 8.25 9.32

1.03 Legislative Department 16.12 17.63

1.04 Department of Justice 5.03 6.47

1.05 Others (includes Official Language Wing, Unified Litigation Agency, National Legal Services Authority, National Mission for Justice Delivery and Legal Reforms and Supreme Court Legal Service Committee.

26.15 28.31

TOTAL Secretariat General Services 94.19 108.66 2. Organs of State Elections

2.01 Elections 370.38 1555.40 2.02 Normal Election Expenses 118.20 547.00 2.03 Issue of Identity Cards to Voters 38.05 40.00

20

TOTAL Organs of State Elections 526.63 2142.40 3. Fiscal Services

3.01 Income Tax Appellate Tribunal 55.60 148.05 3.02 National Tax Tribunal 0.04 0.03

TOTAL Fiscal Services 55.64 148.08 4. Administration of Justice 4.01 National Judicial Academy 10.74 10.74 4.03 Special Courts 5.00 5.00

4.06 Other Expenditure 173.09 181.50 4.10 International Centre for Alternative

Dispute Resolution (ICADR) 5.50 0.02

TOTAL Administration of Justice 194.33 197.24 5. Other Administrative Services 5.03 Other programmes ... ...

5.04 Capital Outlay on other Administrative Services

19.09 19.85

TOTAL Other Administrative Services 19.09 19.85 GRAND TOTAL

889.88 2616.23

2.8 In the non-plan side, out of the total allocation of 2616.23 crores,

2142.40 crores is allocated for the Organs of State Elections.

PLAN

( in crores)

Budgetary Head

Description BE 2014-15

BE 2015-16

4. Administration of Justice 4.02 Computerization of District and Sub-

ordinate Courts 58.00 2.00

4.05 Grants-in-aid to UTs without legislature for Infrastructural Facilities for Judiciary

... ...

4.07 Strengthening of Access to Justice-India (SAJI)

4.07.1 General Component 1.00 1.00

4.07.2 EAP Component 4.00 4.00

21

4.08 National Mission for Justice Delivery and Legal Reforms

87.30 212.29

4.09 Study of Judicial Reforms and Assessment Status

.. ...

4.11 Assistance to State Government for establishing and operating of Gram Nyayalayas

... 0.01

TOAL Administration of Justice 5. Other Administrative Services

5.01 Infrastructural Facilities for Judiciary ... ...

5.02 Grants-in-aid to UT Governments ... 24.36

TOTAL Other Administrative Services 6. Lumpsum provision for

projects/schemes for the benefit of the North Eastern Region and Sikkim

16.70 ...

7. Development of Infrastructure Facilities for Judiciary

936.00 562.99

GRAND TOTAL

1103.00 86.65

2.9 The decrease in the Plan allocations and increase in Non-Plan allocations of

Ministry of Law and Justice in BE 2015-16 over BE 2014-15 is given below:-

( in crores)

S. No.

Plan/Non-Plan BE 2014-15 BE 2015-16 Difference

(1) (2) (3) (4) [5=(4-3)]

1. PLAN 1103.00 806.65 -296.35 2. NON-PLAN 944.25 2717.00 1772.75

3. TOTAL 2047.25 3523.65 1476.4

2.8. It may be seen from the table above that there is a decrease of 296.35 crore

under Plan Budget in BE 2015-16 over RE 2014-15. The Department of Justice

assigned the decrease was mainly due to reduction under the scheme

‘Infrastructural Facilities for Judiciary’ and ‘Administration of Justice’.

22

CHAPTER - III

DEMAND NO. 63: ELECTION COMMISSION OF INDIA

3.0. The entire expenditure of the Election Commission of India (ECI) is ‘voted’.

The BE and RE (2014-15) and BE (2015-16) for Election Commission are as

under: -

Comparative statement of BE, RE (2014-15) and BE (2015-16) of the Election Commission of India

( . in Crores)

BE (2014-15) RE (2014-15) BE (2015-16)

Non Plan 69.00 70.00 80.00

Plan - - -

Total 69.00 70.00 80.00

AN ANALYSIS OF THE BUDGET ESTIMATES

3.1. The BE of 2015-16 exceeds the RE (2014-15) by 10.00 crore. The RE for

the financial year 2014-15 was 70.00 crore including 1.00 crore for the

construction of India International Institute of Democracy and Election

Management (IIIDEM) campus. The voted grants for the financial year 2015-16 is

80.00 crore, which includes the provision of 4.00 crore granted as capital

expenditure for construction of IIIDEM campus. In the Capital Section, there has

also been an increase from 1 crore to 4 crore. However, the Director General,

Election Commission of India during his deposition before the Committee on the

Demands for Grants (2015-16) had stated that a need based projection of 42

crore for India International Institute of Democracy and Election Management

(IIIDEM) was made to the Ministry. Accordingly, there is a wide gap of 38 crore

from the need based projection made thereon.

23

3.2. The Committee was appraised that the increase from Revised Estimate

(2014-2015) to Budget Estimate (2015-16) are mainly due to increase in Grant-in-

aid for ‘General Voters Awareness’ by 2.50 crores; increase in establishment

expenses by 2.00 crores, increase in ‘Professional Services (training)’ by 2.50

crores; and increase in Capital Section (Major Works) by 3.00 crore. A

comparative statement showing the BE (2015-16) as against the AE of 2013-14,

BE and RE of 2014-15 of the Election Commission of India is given below:

Head wise details of Actual Expenditure/Budgetary Estimate/Revised Estimate for 2013-14, 2014-15 & Budgetary Estimate for 2015-16

( in crore)

Sub-Head AE 2013-14

BE 2014-15

RE 2014-15

BE 2015-16

Establishment

Salaries 20.37 21.69 24.50 26.91

Wages 0 0.01 0 0.1

O.T.A. 0.11 0.14 0.14 0.14

Medical Treatment 0.55 0.90 0.90 0.90

Domestic Travel Expenses 1.24 0.80 1.50 1.50

Foreign Travel Expenses 0.89 0.99 0.45 0.70

Office Expenses 10.97 10.98 12.80 12.00

Publication 0.28 0.27 0.34 0.24

Other Administrative Expenses (Hospitality)

1.36 1.72 1.72 1.70

Minor Works & Maintenance 0.54 1.00 1.35 1.50

Professional Services 11.38 17.10 13.60 16.00

Grand-in-aid General 17.49 12.00 11.50 14.00

Other Charges 0.31 0.40 0.20 0.40

Major Work 0 1.00 1.00 4.00

Grand Total 65.56 69.00 70.00 80.00

3.3. Out of the total Budget, 33.64% (approximately) is proposed to be incurred

on the ‘Salary and Allowances’. The Commission informed that there was an

increase in the budgetary proposals under various heads from RE (2014-15) to BE

(2015-16) i.e., an increase of

lakh in Foreign Travel Expenses,

lakh in other charges, 20 lakh in Office Expenses (IT),

aid-General (Voters Awareness),

and 3.00 crore under Capital Section (Major works). Further, the Commission

informed that there is a decrease of

under Publicaton, 2.00 lakh in Other Administrative Expenses and

Professional Services under Information Technology from Revised Estimates

(2014-15) to Budget Estimates (2015

‘Professional Services’ under ‘

Technology’ has been provided for organizing training programmes in the

Commission at IIIDEM and in States/ UTs, HQs in India and imparting training to

election related officials in India a

3.4. The Commission informed that the General Election to the Legislative

Assembly of Bihar is due in 2015

Sabha and Assembly Elections held during 2014

reimbursed during the financia

SYSTEMATIC VOTERS EDUCATION AND ELECTORAL PARTICIPATION (SVEEP)

3.5. The Commission submitted that the they have taken up Systematic Voters

Education and Electoral Participation (SVEEP) programme countrywide with the

twin objectives of complete enrolment and maximum voters’ turnout during

elections in order to strengthen Indian democracy. SVEEP entails a series of

activities at the field level and is also related with training and exchange of good

practices within and outside the country.

voter’s turnout of 65.6 per cent recorded as against a turnout of 58.19 per cent in

24

16) i.e., an increase of 2.41 crore in Salary, 1.00 lacs in Wages,

lakh in Foreign Travel Expenses, 15 lakh in Minor Works & Maintenance,

20 lakh in Office Expenses (IT), 2.50 crore in Grants

General (Voters Awareness), 2.50 crore in Professional Services (Training)

3.00 crore under Capital Section (Major works). Further, the Commission

informed that there is a decrease of 1 crore under office expenses,

under Publicaton, 2.00 lakh in Other Administrative Expenses and


15) to Budget Estimates (2015-16). An amount of 16 crore in the sub

’ under ‘Imparting Training for Elections

has been provided for organizing training programmes in the


election related officials in India and also from abroad.

The Commission informed that the General Election to the Legislative

Assembly of Bihar is due in 2015-16. Moreover, some bills related to the Lok

Sabha and Assembly Elections held during 2014-15 are pending and required to be

reimbursed during the financial year 2015-16.


The Commission submitted that the they have taken up Systematic Voters


mplete enrolment and maximum voters’ turnout during



practices within and outside the country. The Commission informed that the

turnout of 65.6 per cent recorded as against a turnout of 58.19 per cent in

1.00 lacs in Wages, 25

15 lakh in Minor Works & Maintenance, 20

2.50 crore in Grants-in-

2.50 crore in Professional Services (Training)

3.00 crore under Capital Section (Major works). Further, the Commission

1 crore under office expenses, 10 lakh

under Publicaton, 2.00 lakh in Other Administrative Expenses and 10 lakh in


16 crore in the sub-head

Imparting Training for Elections’ and ‘Information

has been provided for organizing training programmes in the


The Commission informed that the General Election to the Legislative

16. Moreover, some bills related to the Lok

15 are pending and required to be

SYSTEMATIC VOTERS EDUCATION AND ELECTORAL

The Commission submitted that the they have taken up Systematic Voters


mplete enrolment and maximum voters’ turnout during



The Commission informed that the

turnout of 65.6 per cent recorded as against a turnout of 58.19 per cent in

the 2009 Lok Sabha elections, and higher participations of women in electoral

process is a visible results of SVEEP

20 crores for the SVEEP programme, however

provided in ‘Grants-in-aid

3.6 The Committee appreciates the SVEEP programme undertaken

Commission and hopes that this programme will help in reaching out to

maximum number of voters, especially the youth and the marginalised

sections, so as to bring more and more voters

process. Accordingly, the Committee

budgetary allocation made for the purpose at the RE stage

does not suffer because of lack of funds

INDIA INTERNATIONAL INSTITUTE OF DEMOCRACY AND

ELECTION MANAGEMENT (IIIDEM)

3.7 The Committee was informed that the Commission has established a training

division under the name India International Institute of Democracy and Election

Management (IIIDEM) launched in June, 2011 in its premises to assess training

requirements of election staff and impart training to the officers of the country.

Commission in its written replies to the questionnaire informed the Committee that

several training programmes, including those

Regional Cooperation, Indian Technical & Econ

Commonwealth with the help of Ministry of External Affairs has been organised.

The institute also organised customised programmes for various foreign Election

Management Bodies (EMBs),

The Commission in its explanatory note, informed the Committee that, as against

25


visible results of SVEEP. Accordingly, the Commission demanded

20 crores for the SVEEP programme, however, an amount of

aid-General’ under ‘Voters Awareness’ in BE (2015

The Committee appreciates the SVEEP programme undertaken



, so as to bring more and more voters to participate in

. Accordingly, the Committee recommends for a review of the

budgetary allocation made for the purpose at the RE stage so that programme

does not suffer because of lack of funds.



The Committee was informed that the Commission has established a training



staff and impart training to the officers of the country.


several training programmes, including those for South Asian Association for

, Indian Technical & Economic Cooperation Programme,



EMBs), including Afghanistan, Kenya, Maldives, Nepal etc.



. Accordingly, the Commission demanded

14 crore has been

’ in BE (2015-16).

The Committee appreciates the SVEEP programme undertaken by the



to participate in electoral

recommends for a review of the

so that programme


The Committee was informed that the Commission has established a training



staff and impart training to the officers of the country. The


South Asian Association for

omic Cooperation Programme,



including Afghanistan, Kenya, Maldives, Nepal etc.


the demand of 42 crores for the construction of IIIDEM building, only Rs 4.00

crores has been allocated in BE 2015

3.8 The Director General of Election Commission while deposing before the

Committee during the Demands for Grants (2015

…so far 108 training programmes have been conducted for

domestic trainees and 62 lakh

the IIIDEM domestically.

international training programmes, which had 268 trainees from

SAARC countries, Kenya and other countries.

3.9 The Committee appreciates the activities of IIIDEM

democracy by training election officials, both domestic and international,

which helps promote India’s soft power

Committee feels that the amount allocated to IIIDEM may be reviewed at RE

stage, so that a permanent campus/building for the Institute may

constructed quickly for effective performance of

VOTER VERIFIABLE PAPER AUDIT TRAIL

3.10 The Commission has also introduced around 20,000 Voter Verifiable Paper

Audit Trail VVPAT machines at several places, particularly in Delhi and some

areas in the North-eastern Region. While making his submission before the

Committee the Director-

Commission had proposed to take up 3,

Commission also proposes to phase out the old EVMs that were manufactured

prior to 2006, so that the VVPAT machines are compatible with the n

400 crores have been allocated in BE (2015

3.11 The Committee appreciates the initiatives of Commission to introduce

VVPAT and feels that the introduction of VVPAT in election

26

42 crores for the construction of IIIDEM building, only Rs 4.00

crores has been allocated in BE 2015-16, which is grossly inadequate.

The Director General of Election Commission while deposing before the

Committee during the Demands for Grants (2015-16) submitted that…


domestic trainees and 62 lakh participants have been trained by

the IIIDEM domestically. Apart from that, there have been 17


SAARC countries, Kenya and other countries.

The Committee appreciates the activities of IIIDEM


India’s soft power in countries of Asia and Africa. The


permanent campus/building for the Institute may

quickly for effective performance of its activities.

VOTER VERIFIABLE PAPER AUDIT TRAIL SYSTEM (VVPAT

Commission has also introduced around 20,000 Voter Verifiable Paper


eastern Region. While making his submission before the

-General, Election Commission of India stated that the

Commission had proposed to take up 3, 12,000 VVPAT machines this year


prior to 2006, so that the VVPAT machines are compatible with the n

400 crores have been allocated in BE (2015-16).

The Committee appreciates the initiatives of Commission to introduce

VVPAT and feels that the introduction of VVPAT in election

42 crores for the construction of IIIDEM building, only Rs 4.00

ch is grossly inadequate.

The Director General of Election Commission while deposing before the

16) submitted that…


participants have been trained by

Apart from that, there have been 17


The Committee appreciates the activities of IIIDEM in promoting


countries of Asia and Africa. The


permanent campus/building for the Institute may get

its activities.

VVPAT)

Commission has also introduced around 20,000 Voter Verifiable Paper


eastern Region. While making his submission before the

ion Commission of India stated that the

12,000 VVPAT machines this year. The


prior to 2006, so that the VVPAT machines are compatible with the new machines.

The Committee appreciates the initiatives of Commission to introduce

VVPAT and feels that the introduction of VVPAT in elections will go a long

27

way in resolving the doubts created in the mind of the voters about the

authenticity of EVMs and in turn will deepen the participation of people in

the electoral processes. The Committee expresses its concern over ther

inadequate budget allocation made towards procurement of VVPAT &

replacement of EVMs. The Committee, therefore, impresses upon the Law

Ministry to ensure that Election Commission of India’s programme does not

suffer on account of financial constraint.

NATIONAL ELECTORAL ROLL PURIFICATION AND AUTHENTICATION PROGRAMME

3.12 The Commission informed the Committee that the National Electoral Roll

Purification and Authentication Programme, popularly known as ‘India Roll Call’

has been launched on 3rd March, 2015 with the objectives (i) to link and

authenticate the EPIC data of electors with Aadhaar data, (ii) voluntary disclosure

of the electors concerned of the multiple entries pertaining to them and disposal of

such cases within 15 days by the Electoral Registration Officer, (iii) correct the

errors of any elector if it is there in the entry of the EPIC and (iv) improvement of

the image quality of the EPIC. The Commission has also launched programme for

the electors to link their Aadhaar number, mobile number and the email addresses

so that election-related information may be provided electronically to the voters.

COMMON ELECTORAL ROLL

3.13 An accurate Electoral Roll is sine qua non of free and fair election. The

Election Commission of India (ECI) and State Election Commissions (SECs) are

two constitutional bodies which have been entrusted to conduct free and fair

election to Parliament, State Legislatures and Local Self-Bodies. The former body

is responsible to conduct free and fair election to Parliament and State Legislatures

under Article 324 of the Constitution while the latter is vested with the power of

28

conducting election to Panchayat Raj Insitutions (PRIs) and Municipal Bodies

under Articles 243K and 243 Z(A) of the Constitution. The preparation of Electoral

roll for the election of above mentioned bodies lies with Election Commission of

India and respective State Election Commissions. The Registration of Electoral

Rules, 1960 provides procedure for preparation, publication and revision of

electoral roll. Summary revision of electoral roll is done every year by the ECI for

which 1st January of the year is chosen as the cut off date for inclusion of new

names and exclusion of some of the old voters. While some of the State Election

Commissions use the Electoral Roll prepared by ECI for conducting election to

PRIs and Municipal Bodies in their State while other States prepare their electoral

roll de novo. Be that as it may, the voter is the same even though they are called

upon to exercise their political right (Right to Vote) at different election and at

different point of time.

3.14 Preparation of Electoral roll involves huge expenditure, manpower and time.

Preparation of electoral roll by ECI and SECs involves some amount of duplication

of efforts as the voter is the same for election to different bodies. It is understood

that common electoral roll would save time, money and manpower of the nation

besides removing inconsistencies between two sets of electoral roll and resultant

confusion in the mind of the voter. It also limits the scope for electoral

malpractices.

3.15 In the past, various Commissions including Election Commission of India

have recommended the idea of having common electoral roll for all election

whether it is conducted by Election commission of India or State Election

Commissions. The National Commission to Review the Working of Constitution

under Chairmanship of Hon’ble Justice M.N. Venkatachalia (2001), and Second

Administrative Reform Commission (2008) have also recommended common

29

electoral roll to the Government. Former Chief Election Commissioners in 1991

and 2004 have written letters to Prime Minister of India batting for the same. The

Law commission of India in its Two Hundred and Fifty Five Report (2015) has

also recommended to Government for the same.

3.16 The Committee appreciates the work of Election Commission of India

in creating a Web Portal of 84 crores of registered voters which has been

launched on 25th January, 2015. Such an attempt would reduce multiple

entries of electors at different places and resultant chances of bogus voting.

All the voters have been requested by the Election Commission of India to

delete their multiple entries for the sake of authenticity of the voter list. The

Committee notes that the Election Commission of India has launched this

programme for purification and authentification of voters list on 3rd March,

2015 for the sake of free and fair election. As defective Electoral roll vitiates

the election process and the results, there is need for maintaining accurate and

authentic voters list. The Committee feels that the onus lies equally on

Election Commission of India, State Election Commissions, Political parties as

well as voters. The Committee is of the view that, the State Election

Commissions should in co-ordination with the ECI update the voter database

already available online. It would be proper if the same electoral roll is used

for elections to PRIs and Municipalities. The Committee accordingly

impresses upon the Election Commission of India and the State Election

Commissions to conduct various elections from local bodies to Parliament on

the basis of a common electoral roll.

30

CHAPTER - IV

DEMAND NO. 64: DEPARTMENT OF LEGAL AFFAIRS

4.0. Budgetary Allocations in respect of the constituents of Department of Legal

Affairs, for the year 2015-16 are shown as follows:-

( in crore)

S.No Organisation RE 2014-15

Proposed BE 2015-

16

Received BE 2015-16

Short fall

1. Department of Legal Affair 39.58 47.93* 46.93 1.00

2. Appellate Tribunal for Foreign Exchange (ATFE)

8.24 9.32 9.32 0

3. Unified Litigation Agency 7.12 9.81 8.41,00 1.40,00

4. NALSA (Secretariat Service) 4.37 0 0 0

5. NALSA 137.00 0 0 0

6. Other(SALSA) 1.77 2.05 2.05 0

7. Income Tax Appellate Tribunal (ITAT)

56.15 146.05 146.05 0

8. National Tax Tribunal(NTT) .04 .03 .03 0

9. Legal Adviser and Counsels 30.19 39.55 36.49 3.05

10. ICADR 0 .02 .02 0

11. Law Commission 14.42 14.53 14.03 .50

12. International Law Association(ILA)

.01 .01 .01 0

13. ITAT( Acquisition of Land and construction of Building for the Various Benches of the ITAT)

54.30 102.73 102.73 0

14. National Tax Tribunal(NTT) Capital Outlay

.01 .01 .01 0

Total 353.2 372.05 366.09 5.95

*this include 7.05crore to grant-in –aid to grantee bodies.

4.1. Department of Legal Affairs is a service-oriented Department and the

Budget of the Department is mainly salary-based. There is no Plan side allocation.

The Department had proposed 372.05 crores for the BE 2015-16, however, a total

sum of 366.09 crores has been allocated for the financial year 2015-16 on non-

Plan side, which includes, Branch Secretariats of this Department, Income-Tax

31

Appellate Tribunal, Appellate Tribunal for Foreign Exchange, Law Commission of

India and the grants-in-aid to the grantee institutions.

4.2 The Department has a two-tier organizational set-up that is, the Main

Secretariat at New Delhi and a Central Agency Section which is functioning in the

Supreme Court and monitors all litigations concerning Union of India in the

Supreme Court and has branch Secretariats at Mumbai, Kolkata, Chennai and

Bengaluru. The Department’s total sanctioned strength is 661, which also includes

personnel of Indian Legal Service (ILS).

4.3 The main work of the Department is to render legal advice to the different

Ministries and Departments of the Central Government on legal matters including

interpretation of the Constitution and laws. The Department also is in charge of

handling litigation work of the Central Government in the Supreme Court, High

Courts, District Courts, Tribunals, engagement of Counsels to appear on behalf of

the Union of India in different Courts and Tribunals.

4.4 The Secretary, Department of Legal Affairs during the Demands for Grants

(2015-16) presentation, submitted that;-

…The Indian Legal Service has a sanctioned strength of 110 out of

which only 54 officers are in position as on today and 56 posts are

lying vacant. Action to fill up these vacant posts has been initiated

and is under process at different stages in consultation with the Union

Public Service Commission. As regards the posts belonging to the

Secretariat Services, which basically assist the officers of the Indian

Legal Service to discharge their duties, out of the sanctioned strength

of 374 posts, 262 posts are filled up and 112 posts are lying vacant.…

In addition, there are 177 sanctioned posts belonging to various

isolated categories, out of which 118 posts are filled up and 59 posts

are lying vacant. Action to fill up these vacant posts has been initiated

and is under process.

32

4.5 When asked why these vacancies are not being filled up and who is

responsible therefor, the Secretary explained that process of filling up the post is

very long. To some extent, even the officers themselves are responsible, litigation

is going on w.r.t. promotions made & Courts are taking long time to settle it; CAT

is also taking two years time to decide whether candidates requires to be called or

not; consultations with Union Public Service Commission (UPSC), Department of

Personnel & Training(DoPT) are also needed to complete the process and;

sometimes courts stay the recruitment process, it takes almost 18 months to fill up

a post, the Secretary added.

4.6 The Committee is of the view that if such a state is allowed to persist, it

will impact the efficiency and efficacy of the Department. Blaming different

agencies is not going to solve the problem. The process of selection needs not

only to be shortened but the bottlenecks have to be removed. The Committee

suggests that all the agencies like concerned Department, UPSC and DoPT sit

together to find out the ways to address the issue. This time can be reduced by

making greater use of IT applications, so that processes can be completed in

shortest possible time frame. The Committee impresses upon the Department

to explore the ways of shortening the time taken in completion of the

recruitment process and make recruitment rules and associated processes

more explicit and clear so that possibility of litigation is reduced.

4.7. The Committee considers that the period of 18 months for filling-up a

post as stated by Secretary is too long. This needs to be substantially reduced.

Further, the process of filling-up vacancies, should be initiated, except in the

cases of vacancies which cannot be anticipated like due to resignation or

death, well in advance so that gap between occurances of a vacancy and its

filling in not more than a month. Efforts may be made to declare the list of

33

selected candidates at least six months before the date of occurance of the

vacancy. The Committee believes that until such measures are taken the

situation of vacant posts is not going to improve. The Committee, further

recommends that such advance action for filling vacancies should also be

taken in respect of Organisations falling within the administrative control of

the Ministry.

NATIONAL LITIGATION POLICY

4.8. The Government and its agencies are pre-dominant parties to the litigation in

courts and tribunals in the country. Those cases range from service related matters

to indirect taxes. National Litigation Policy was launched by previous Government

in 2010 in order to reduce the pendency of cases in courts and tribunals where

Government is the party. The incumbent Government is reviewing National

Litigation Policy to make the Government an efficient and responsible litigants in

the cases. The underlying purpose of the policy is to enable the courts and tribunals

to use their valuable time for resolving pending cases where the Government is not

the party. The Law Officer is proposed to be appointed in each department of

Government of India to take a holistic view of litigation while filing new cases or

defending the pending cases. The cases which have lean chance of winning by the

Government need not be pursued further. The pendency of cases in courts besides

being burden upon public exchequer also diverts attention of Government from

meaningful governance.

4.9. The Secretary, Department of Legal Affairs during the Demands for Grants

(2015-16) presentation, submitted that, Government is perceived as the largest

litigant in various courts and Tribunals. To reverse this image, the Government is

proposing a new National Litigation Policy, whereby every court case/order

34

will be closely scrutinized within the Department itself with a view to

determine as to whether the matter be agitated further or the Department

should accept the decision of the court and implement it. It is also proposed to

set-up a web portal to make centralized data available where each

Ministry/Department will be required to upload the details of cases pending in

various Courts/Tribunals and the status of these cases.

4.10. The Committee was further apprised that the Department is also

envisaging to decentralise the availability of legal assistance to the

Ministries/Departments by providing services of Indian Legal Service (ILS)

officers at door step in each Ministry/Department and only sensitive matters

will come at the main Secretariat of Department of Legal Affairs. Accordingly,

all Ministries/Departments have been informed to assess their requirements of

ILS officers.

4.11. The Committee hopes that the initiative of National Litigation Policy

of the Government will help in saving time, money and energy of the

various Departments and reduce the burden on Courts. The Committee

feels that posting of ILS officers in the various Ministries/Department

itself, would be productive provided an accountability mechanism is built

in to the scheme so that ILS officers posted in the Ministry is made

responsible for legal viability of decisions taken by that Ministry.

APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE (ATFE)

4.12. The Secretary, Department of Legal Affairs during the Demands for Grants

(2015-16) presentation, submitted that, the Appellate Tribunal for Foreign

Exchange (ATFE) was established 2000, to hear appeals against orders of the

Adjudicating Authorities and Special Director (Appeals) under the Foreign

Exchange Management Act, 1999. The Tribuna

Chairman and Members not exceeding four. However, at present, it is functioning

with one Chairman and two Members

Statement showing the total number of pendency, disposal of appeals and filing of fresh appeals during

Pending

matters at

the end of

year 2013

(A)

Fresh

appeals

filed

during the

year of

2014

(B)

Matters

remanded

back by the

different

High Courts

during the

year of 2014

(C)

870 96

4.13. The Appellate Tribunal for Foreign Exchange (ATFE) was established in

June, 2000, to hear appeals against orders of the Adjudicating Authorities and

Special Director (Appeals) under the Foreign Exchange Management Act, 1999.

The Secretary, Department of Le

for Grants (2015-16) submitted that ATFE has a sanctioned strength of one

Chairman and Members not exceeding four. At present, the ATFE is functioning

with one Chairman, two Members and its supporting staff.

4.14. 9.32 crore has been a

(2014-15) of 8.25 which is an increase of

submission to the Secretariat submitted that the existing vacancies of Assistant

Registrar and other posts

increasing workload of the Tribunal. It further submitted it does not have its own

website or library.

35

Exchange Management Act, 1999. The Tribunal has a sanctioned strength of one


two Members.

Statement showing the total number of pendency, disposal of appeals and filing of fresh appeals during the year of 2014 is as under:

Matters

remanded

back by the

different

High Courts

during the

year of 2014

(C)

Total

number

of

Appeals

A+B+C

Appeals

finally

disposed

of

during

the year

of 2014

Interim

Applications/

Misc/ matters

disposed off

during the

year of 2014

11 977 49 61

The Appellate Tribunal for Foreign Exchange (ATFE) was established in



The Secretary, Department of Legal Affairs in his presentation

16) submitted that ATFE has a sanctioned strength of one


with one Chairman, two Members and its supporting staff.

9.32 crore has been allocated for ATFE in BE (2015

8.25 which is an increase of 1.07 crore. The ATFE in its written


s are required to be filled up early to deal with the ever


l has a sanctioned strength of one


Statement showing the total number of pendency, disposal of appeals the year of 2014 is as under:-

Applications/

Misc/ matters

disposed off

during the

year of 2014

Total

number of

pending

appeals at

the end of

year 2014

977-49 =

928

The Appellate Tribunal for Foreign Exchange (ATFE) was established in



in his presentation during the Demand

16) submitted that ATFE has a sanctioned strength of one


llocated for ATFE in BE (2015-16) against RE

1.07 crore. The ATFE in its written


d up early to deal with the ever


36

4.15. The Committee notes with concern that the number of appeals filed in

2014 is higher than the number of appeals disposed off, an indication that

pendency is increasing. Apparently existing vacancies in the tribunal are

hampering the functioning of the tribunal. The Department needs to take

proactive steps to ensure that vacancies are filled in urgently. The fact that the

tribunal has been set up with the view to ease the burden of Courts by

adjudicating cases relating to matters dealt by the Foreign Exchange

Management Act, 1999, makes it imperative that the tribunal should not

become handicapped either on account of the manpower or infrastructure.

The Committee is constrained to observe that an Organisation like ATFE does

not have a proper office space and requisite manpower. Moreover, it does not

have its portal. The Committee expresses its displeasure as the existing state of

affairs in ATFE and recommends that the Ministry should take necessary

steps urgently to improve the situation.

LAW COMMISSION OF INDIA

4.16. The Law Commission of India is a non-statutory body constituted by the

Government from time to time. It was originally constituted in 1955 and is re-

constituted every three year. The Twentieth Law Commission of India was

constituted for a period of three years with effect from 1st September, 2012 up to

31st December, 2015. The successive Law Commissions have so far submitted 255

Reports. Out of 255 Reports, 91 Reports have been implemented by the

Government and 15 Reports have not been accepted by the Government. The

remaining reports are under consideration of the various Departments of

Government. During the current financial year, the Law Commission of India has

submitted 11 Reports. The Secretary, Department of Legal Affairs during his

deposition on the Demands for Grants (2015-16) submitted that, since the Law

Commission of India is continuously functioning since 1959 and is reconstituted

37

every three years, it is suggested that it be made a permanent body either by an

Executive Order or by an Act of Parliament. The Department had sought 14.53

crore for the BE 2015-16, however, 14.03 crore was allocated.

4.17. The Committee takes note of the submissions of the Department of

Legal Affairs. The Committee feels that since the Law Commission of India is

being regularly re-constituted since 1959 and its reports are considered

seriously both inside and outside of the Government its relevance would never

be relegated to background, the Government may explore the possibility of

making it a permanent body. The Committee, however, expresses its concern

at the slow pace at which decisions are being taken by the Government on

reports of Law Commission and recommends that the Government should

take decision on the recommendations of the Law Commission in a time

bound manner preferably within a year of submission of the Report.

INCOME TAX APPELLATE TRIBUNAL (ITAT)

4.18. The Department of Legal Affair informed that the sanctioned strength of

Members of Tribunal are 126 for 63 Benches, which is spread over 27 cities

throughout the country. However, out of 126 only 67 Members are in position and

59 posts of Members vacant. The Tribunal has one post of President, one post of

Senior Vice-President, nine posts of Vice-Presidents and 115 posts of Members

(Judicial/Accountant). The vacancies in these posts are as under:-

Vacancies in ITAT S.No. Posts Vacant

1 Senior Vice-President 1

2 Vice-President 6

3 Accountant Member 27

4 Judicial Member 25

Total 59

4.19. For the year 2015-

Appellate Tribunal under the Major Head ‘2020’ for meeting its administrative

expenses against RE (2014

2013-14 was 53.48 crore.

4.20. The Department furth

Pendency of the appeals was 83744

appeals pending in the Income

detailed statement showing comparison of number of

Pendency of appeals from 2004 to 1

Year

2004-2005

2005-2006

2006-2007

2007-2008

2008-2009

2009-2010

2010-2011

2011-2012

2012-2013

2013-2014

Upto 1.1.2015

4.21. As regards the filling up of vacancies, the Secretary, Department of Legal

Affairs during the presentation on the Demands for Grants (2013

that:-

…the situation is little depleted because many posts in the

Income Tax Appellate Tribunal are

up these vacancies has already been initiated.

made. It is at the final stage awaiting approval of the Government

38

-16, 146.05 crores has been allocated for Income Tax


expenses against RE (2014-15) of 56.19 crore. The Actual Expenditure during

53.48 crore.

The Department further informed that at the beginning of the year 2014, the

Pendency of the appeals was 83744 and as on 1st March, 2015, the number of

appeals pending in the Income-tax Appellate Tribunal stands at 102477.

detailed statement showing comparison of number of Institution, Disposal and

Pendency of appeals from 2004 to 1st January, 2015 is as under:-

Institution Disposal Pendency at the end of year

57331 78901

45283 73979

43192 65524

44356 59653

40372 55889

41648 49353

44250 36293

42346 33816

43934 33752

46031 31886

34219 22295

As regards the filling up of vacancies, the Secretary, Department of Legal

Affairs during the presentation on the Demands for Grants (2013

the situation is little depleted because many posts in the

Income Tax Appellate Tribunal are vacant and the process for filling

up these vacancies has already been initiated. Selections have been

It is at the final stage awaiting approval of the Government

146.05 crores has been allocated for Income Tax


56.19 crore. The Actual Expenditure during

er informed that at the beginning of the year 2014, the

March, 2015, the number of

tax Appellate Tribunal stands at 102477. The

Institution, Disposal and

-

Pendency at the end of year

137164

108468

86136

70839

55322

47617

55574

64104

74286

88643

100567

As regards the filling up of vacancies, the Secretary, Department of Legal

Affairs during the presentation on the Demands for Grants (2013-14) submitted

the situation is little depleted because many posts in the

vacant and the process for filling

Selections have been

It is at the final stage awaiting approval of the Government

when the appointments will be made and Tribunal will be fully

functional.

4.22. The Committee expresses its

disposal of cases after year 2009

various Benches of the ITAT has direct bearing upon

Committee expresses its displeasure

huge amount of Government revenue is locked up and hopes that Ministry

would make concerted efforts in filling up the vacancies

manner and take all other measures necessary for increasing disposal

ITAT.

BAR COUNCIL OF INDIA

4.23. The Bar Council of India while appearing before the Committee during the

Demands for Grants (2013

undertake and for which had requested the Ministry to make a

in BE (2015-16). The Government, however, has not allocated any funds for these

schemes of Bar Council of India in BE (2015

4.24. During the deposition of the Bar Council of India on the Demands for Grants

(2015-16), the Secretary, Bar Council of India stated that no amount has been

allocated to Bar Council of India in B.E. (2015

the Bar Council of India is the contribution from the State Bar Councils. This

contribution represents 20 percent of the enrolment fee received by the State Bar

Councils from candidates at the time of enrolment i.e.

enrolment fee of 6,000. Other source i

from the advocates taking All India Bar Examination and requested that some

amount may be allocated to the Bar Council of India

39


Committee expresses its serious concern over the

disposal of cases after year 2009-2010. Non filling-up of the vacancies in the

various Benches of the ITAT has direct bearing upon its disposal rate. The

Committee expresses its displeasure at such a state of affairs in ITAT whereby


concerted efforts in filling up the vacancies

manner and take all other measures necessary for increasing disposal


The Bar Council of India while appearing before the Committee during the

Demands for Grants (2013-14) submitted the details of schemes

had requested the Ministry to make a grant

The Government, however, has not allocated any funds for these

schemes of Bar Council of India in BE (2015-16).

During the deposition of the Bar Council of India on the Demands for Grants

16), the Secretary, Bar Council of India stated that no amount has been

allocated to Bar Council of India in B.E. (2015-16). The only source of income of

ndia is the contribution from the State Bar Councils. This


Councils from candidates at the time of enrolment i.e. 1,200/

6,000. Other source is fee received by Bar Council of India


amount may be allocated to the Bar Council of India to perform legal aid functions.


concern over the declining rate of

of the vacancies in the

its disposal rate. The

at such a state of affairs in ITAT whereby


concerted efforts in filling up the vacancies in a time bound

manner and take all other measures necessary for increasing disposal rate in

The Bar Council of India while appearing before the Committee during the

14) submitted the details of schemes that it proposes to

grant of 125 crores

The Government, however, has not allocated any funds for these

During the deposition of the Bar Council of India on the Demands for Grants

16), the Secretary, Bar Council of India stated that no amount has been

The only source of income of

ndia is the contribution from the State Bar Councils. This


1,200/- out of the

s fee received by Bar Council of India


to perform legal aid functions.

40

4.25. In its written submission, the Bar Council of India apprised the Committee

that it had also undertaken inspection of law colleges and universities for approval

and disapproval of affiliation. During the Year 2014, 92 new colleges were

approved, 45 existing colleges were given extension and 9 old colleges were

declined extension. Member, Bar Council of India during the presentation on the

Demands for Grants (2015-16) submitted that:-

“…the functions of the Council have been defined under the

Advocates Act, 1961. One of the functions of the Bar Council of India

is to organize legal aid to the poor, to conduct seminars and talk on

topics of finding a jurist and to publish papers, giving financial

assistance to organize welfare schemes for the poor, disabled and

other Advocates, giving legal aid and establishing law libraries. The

Bar Council of India is finding it very difficult to fund these

schemes….Sir, we are getting nothing. In the year 2013-14, this

Committee had recommended that some money should be provided to

the BCI, but then it was not followed up”.

4.26. The Committee recommends that the Department of Legal Affairs in

consultation with the Department of Justice may decide the extent and scope

for providing legal aid services, etc. by BCI and NALSA so as to avoid overlap

between these organisations with regard to providing legal aid services to poor

and others. The two Departments may also decide the respective roles to be

played by these bodies in this regard. The Committee also recommends that a

viable stream of revenues may be worked out for BCI so that it may

effectively perform its functions without depending on Government support

for a long time.

INSTITUTE OF CONSTITUTIONAL AND PARLIAMENTARY STUDIES

4.27. The representative of the Institute, during his deposition before the

Committee on the Demands for Grants (2013-14) informed that in BE 2015-16, an

amount of 1.4 crore been allocated to ICPS as against the demand for

The Institute offers Parliamentary Fellowship programme and two diploma

courses, one in Constitutional Law and another in Parliamentary Institutions and

Procedures. The three courses offered by the Institute are post

courses and are annual feature

hires, guest faculty from outside

which are reputated in a

through the Institute is in possession of land

Delhi. However, no building has been constructed

Institute is unable to carry out its various activities in a proper manner.

further submitted that the

Lok Sabha nominee, Shri S.S. Alluwalia

letter to the Committee and

and Vice President have no time for the activities of the institute and no elections

were held for the past many years because of

the nominated Members of Parliament.

4.28. The Committee takes note

of Constitutional and Parliamentary

attended to. The Governing body

It has a plot of land suitable to its needs

Delhi and a budgetary

financial year 2011-12, but not released to the ICPS

serious view of the non-

of the lethargy of concerned

Ministry may allot fund

and apprise the Committee of

41

1.4 crore been allocated to ICPS as against the demand for

Parliamentary Fellowship programme and two diploma


Procedures. The three courses offered by the Institute are post

annual features. The Institute does not have its own faculty,

from outside to deliver lectures. The ICPS publishes j

academic world. The Committee was also apprised that

the Institute is in possession of land allocated to it at Chanakyapuri, New

Delhi. However, no building has been constructed on this land and

Institute is unable to carry out its various activities in a proper manner.

the post of Director is lying vacant. As enunciated by present

Shri S.S. Alluwalia, Senior Vice-President of ICPS,

and addressed to its Chairman, the Senior

President have no time for the activities of the institute and no elections

were held for the past many years because of absence of necessary intervention by

the nominated Members of Parliament.

4.28. The Committee takes note that the problems being faced

of Constitutional and Parliamentary Studies (ICPS)

Governing body of the institute appears to be

suitable to its needs in Malcha Marg, Chan

ary allocation of �� 10 crores was sanctioned

but not released to the ICPS. This C

-utilisation of the land allotted to the ICPS on account

lethargy of concerned authorities. The Committee

unds within six months for construction of ICPS building

and apprise the Committee of the progress made in this regard

1.4 crore been allocated to ICPS as against the demand for 5 crore.

Parliamentary Fellowship programme and two diploma


Procedures. The three courses offered by the Institute are post-graduate part-time

does not have its own faculty, and

r lectures. The ICPS publishes journal

cademic world. The Committee was also apprised that

at Chanakyapuri, New

on this land and therefore, the

Institute is unable to carry out its various activities in a proper manner. It was also

As enunciated by present

President of ICPS, in his

he Senior Vice-President

President have no time for the activities of the institute and no elections

nce of necessary intervention by

the problems being faced by the Institute

tudies (ICPS) are inadequately

appears to be non-functional.

, Chanakyapuri, New

sanctioned in the

Committee takes a

utilisation of the land allotted to the ICPS on account

ommittee desires that the

for construction of ICPS building

in this regard. The

Committee also directs

may be filled-up without

that the ICPS should be able to sustain itself by generating revenue from the

participants who attend d

of excellence in Constitutional and Parliamentary studies for SAARC, Afro

Asia Pacific countries, etc

should make all out efforts to have the I

National Importance on Constitut

of Parliament with a view

being kept under the Societies Registrat

handicaps.

INDIAN LAW INSTITUTE

4.29. The Indian Law Institute (ILI) is a premier legal research institute setup in

1956 to promote legal education and research. The Hon’ble Chief Justice of India

is the ex-officio President of the Institute and the Law Minister of Government of

India & the Attorney-General

Vice-President is elected by the members of the Governing Council, from among

themselves. Judges of the Hon’ble Supreme Court of India and High Courts,

prominent lawyers, Government officials and Professo

the Governing Council of the Institute. The Indian Law Institute was granted

Deemed University status in the year 2004.

4.30. As appraised by the Registrar of the Institute the estimated expenditure of

the Institute was 5.50 Crore for the year 2014

received as grants-in-aid from the Government of India and that the Institute

managed to generate 4 Crore by itself from course fees, rent, sale of publications

etc. Against the demand of

42

Committee also directs that the vacant position of Director of the Institute

without any further delay. The Committee


participants who attend different courses run by ICPS by making

of excellence in Constitutional and Parliamentary studies for SAARC, Afro

, etc. The Committee recommends that the Government

ke all out efforts to have the Institute declared as

on Constitutional and Parliamentary

with a view to overcome the present stalemate

under the Societies Registration Act with multiple deficiencies


Institute (ILI) is a premier legal research institute setup in

to promote legal education and research. The Hon’ble Chief Justice of India

officio President of the Institute and the Law Minister of Government of

General for India are its ex-officio Vice Presidents. Third

President is elected by the members of the Governing Council, from among


prominent lawyers, Government officials and Professors of Law are represented in


Deemed University status in the year 2004.

As appraised by the Registrar of the Institute the estimated expenditure of

Crore for the year 2014-15, out of which

aid from the Government of India and that the Institute

4 Crore by itself from course fees, rent, sale of publications

etc. Against the demand of 6.26 crore by the ILI an amount of

the vacant position of Director of the Institute

. The Committee further suggests


ICPS by making it a centre

of excellence in Constitutional and Parliamentary studies for SAARC, Afro-

. The Committee recommends that the Government

declared as Institute of

Studies by an Act

to overcome the present stalemate on account of it

ion Act with multiple deficiencies and

Institute (ILI) is a premier legal research institute setup in

to promote legal education and research. The Hon’ble Chief Justice of India

officio President of the Institute and the Law Minister of Government of

officio Vice Presidents. Third

President is elected by the members of the Governing Council, from among


rs of Law are represented in


As appraised by the Registrar of the Institute the estimated expenditure of

15, out of which 1.1 crore was

aid from the Government of India and that the Institute

4 Crore by itself from course fees, rent, sale of publications

ore by the ILI an amount of 5.31 crore is

allocated in the Demands for Grants of 2015

The allocation of 5.31 crore in BE (2015

compared to 1.1 crore in BE (2014

that the grant-in-aid amount of

which is 80% of total expenditure of

would be met from the rent recipts, course fees

general recipts.

4.31. A projection of

Institute has been reflected in the Detailed Demands for Grants (2015

Ministry. The Department of Legal Affairs has also clarified that

Grants-in-aid provision has been made for ‘Salaries’ and

‘General’.

4.32. The Committee has been apprised that the institute is facing

of manpower. Against the sanctioned strength of 101 posts only 58 perso

teaching and non-teaching) are

4.33. The Committee is

on the Government Grants

oldest legal Institutes of the country.

formation of the Institute and over a decade of it being granted Deemed

University status, the Committee feels it a high time for the Institute to

compete with the other institutions and become financially self sustaini

other Institutes in private sector

Court sitting Judges and located ideall

premises which gives it an inherent edge ove

recommends that the ins

other services to make them

43

allocated in the Demands for Grants of 2015-16 of the Ministry of Law and Justice.

5.31 crore in BE (2015-16) which is 4.21 crore more as

1.1 crore in BE (2014-15). The Registrar also informed in writing

aid amount of 5.75 crore is towards, establishment expenses

which is 80% of total expenditure of 7.35 crore. The shortfall in expenditure

would be met from the rent recipts, course fees, interest in investm

5.31 Crore as Non-Plan (Recurring) provisions for the

Institute has been reflected in the Detailed Demands for Grants (2015

Ministry. The Department of Legal Affairs has also clarified that

aid provision has been made for ‘Salaries’ and

The Committee has been apprised that the institute is facing

of manpower. Against the sanctioned strength of 101 posts only 58 perso

teaching) are in position.

The Committee is constrained to note that the ILI has been dependent

on the Government Grants-in-aid year after year inspite of it being one of the

oldest legal Institutes of the country. As it is now almost six decades since the

of the Institute and over a decade of it being granted Deemed

, the Committee feels it a high time for the Institute to

compete with the other institutions and become financially self sustaini

in private sector. The institute is managed by the Supreme

Court sitting Judges and located ideally opposite to the Supreme Court

gives it an inherent edge over other institutes. T

institute should endeavor to upgrade

other services to make them internationally relevant and competitive

16 of the Ministry of Law and Justice.

4.21 crore more as

ar also informed in writing

5.75 crore is towards, establishment expenses

7.35 crore. The shortfall in expenditure

interest in investment and other

Plan (Recurring) provisions for the

Institute has been reflected in the Detailed Demands for Grants (2015-16) of the

Ministry. The Department of Legal Affairs has also clarified that 4 Crore of the

aid provision has been made for ‘Salaries’ and 1.31 Crore for

The Committee has been apprised that the institute is facing acute shortages

of manpower. Against the sanctioned strength of 101 posts only 58 persons (both

to note that the ILI has been dependent

aid year after year inspite of it being one of the

is now almost six decades since the

of the Institute and over a decade of it being granted Deemed

, the Committee feels it a high time for the Institute to

compete with the other institutions and become financially self sustaining like

. The institute is managed by the Supreme

y opposite to the Supreme Court

r other institutes. The Committee

endeavor to upgrade its courses and

competitive in order

44

to attract students and clients from whom Institute could earn sufficient

revenue to meet its expenses.

4.34. The Committee observes that big corporate bodies pay high fees to

institutes abroad for the legal trainings and apprenticeships of their

personnel. The Institute should endeavour to attract such participants to earn

revenue for its activities. The Committee is of the belief that such a move will

strengthen the Institute financially and make it self-sufficient. The Committee,

however, recommends for enhancement of the grants in aid to the Institute for

two or more years to meet its current expenditure particularly in relation to

the filling up the faculty positions. Committee also suggests that the Institute

should revise its curriculum with a view to help the needy students and

simultaneously formulate the courses to attract the multi-national companies

by providing them the courses in the International Business Law etc. This

would certainly enhance the stature of Indian Law Institute at par with

International Law schools. The Committee feels that in future, the

expenditure of the Institute is not passed on to the tax payer but at the same

time services of the Institute are available to people who actually need it.

Accordingly, the Committee suggests that separate courses to cater to the

needs of different groups of students should be worked out so that they are

capable of facing the global market as far as acquisition of legal education is

concerned. These suggestions, the Committee believes may put will put the

activities of the Institute on fast track in multi-disciplinary mode.

INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE

RESOLUTION (ICADR)

4.35. As per the Annual Report (2013-14) of the ICADR, the sources of funding

for the Centre are initial corpus grants from the Government of India/State

Governments, public and institutional donations and grants from International

organizations, Membership fees, administrative fees, etc. The ICADR has been

allocated a token grant of

4.36. The Secretary-General of the organization, during his deposition before the

Committee on the Demands for Grants

the Centre are to:-

“….promote studies in the field of alternative dispute resolution

and the like matters; and to promote reforms in the system of

settlement of disputes; to impart training in ADR and related matters

to those who are handling arbitration, conciliation and me

organize conferences, seminars and study groups on issues

concerning ADR; to educate the people and create public awareness;

and to provide facilities and administrative and other support services

for holding conciliation, mediation and arbitra

which our buildings have been constructed and we have a good

infrastructure for that. We are maintaining panels of appropriate

persons, competent and qualified to serve as arbitrators, conciliators

and mediators. At present, we have a

arbitrators, conciliators and mediators, consisting of retired Supreme

Court judges, High Court judges, persons with legal background

4.37. The Annual Report (2013

Centre has so far received 46 cases for arbitration including 3 International cases

and 4 cases for conciliation. The Arbitral Tribunal has disposed of 39 arbitration

cases and hearing in remaining 9 cases is in process.

4.38. The Committee is happy to note that ICADR has got its permanent

building with world class infrastructure and facilities. The Committee

ICADR will strengthen itself to attract

arbitrations so as to make India, like Singapor

arbitration and conciliation,

its activities and help train manpower in the country for the purpose.

45


ations, Membership fees, administrative fees, etc. The ICADR has been

allocated a token grant of 1 lakh for the financial year 2015-16.

General of the organization, during his deposition before the

Committee on the Demands for Grants (2015-16) had informed




to those who are handling arbitration, conciliation and me




for holding conciliation, mediation and arbitration proceedings, for




and mediators. At present, we have about 350 persons on our panel as


Court judges, High Court judges, persons with legal background

The Annual Report (2013-14) of the ICADR stated that the New Delhi

s so far received 46 cases for arbitration including 3 International cases


cases and hearing in remaining 9 cases is in process.

The Committee is happy to note that ICADR has got its permanent

building with world class infrastructure and facilities. The Committee

ICADR will strengthen itself to attract more and more international

to make India, like Singapore, a hub of International

arbitration and conciliation,. This, in turn, will generate adequate



ations, Membership fees, administrative fees, etc. The ICADR has been

16.

General of the organization, during his deposition before the

16) had informed chief objectives of




to those who are handling arbitration, conciliation and mediation; to




tion proceedings, for




bout 350 persons on our panel as


Court judges, High Court judges, persons with legal background etc”.

14) of the ICADR stated that the New Delhi

s so far received 46 cases for arbitration including 3 International cases


The Committee is happy to note that ICADR has got its permanent

building with world class infrastructure and facilities. The Committee hopes

more and more international

hub of International

adequate revenue for


46

4.39. The Committee was informed that the ICADR leases out portions of

their building to other Government Departments. The Committee

understands that building of ICADR constructed from grants provided by the

Government was intended to be used by ICADR for its activities and not for

rent seeking. The Committee is of the view that ICADR instead of leasing its

office space to earn revenue for itself should endeavour to develop and equip

itself and strengthen its facilities to carry out and spread its activities so that it

generates revenue from its activities and not from its building.

4.40. The Committee was also apprised that the construction of phase-II of

ICADR building has not yet been completed. The Committee desires that both

ICADR and CPWD, the constructing agencies to complete phase-II of this

building at the earliest.

NOTARIES APPOINTMENT

4.41. The administration of the Notaries Act, 1952 and the Notaries Rules, 1956

are within the purview of the Notary Cell of the Department of Legal Affairs. The

Schedule under Rule 8(4A) of the Notaries Rules, 1956, Central Government has

fixed the quota of maximum number of Notaries to be appointed by the Central

Government as well as maximum number of Notaries to be appointed by State/UT

Government. Central Government enhances the quota allotted to State

Governments on receipt of request for the purpose from the State Government

concerned. During the financial year 2014-15, 694 Notaries were appointed and

416 certificates were renewed.

No. of Notaries Appointed during last three financial year

State State Notaries Appointed By Central Government During the Financial Year

2012-2013 2013-2014 2014-2015 Total Andaman & Nicobar - - - -

Andhra Pradesh - - 76 77

Arunachal Pradesh - - - -

47

Assam - - - -

Bihar - 19 - -

Chandigarh - 13 - 13

Chhattisgarh - 4 - 4

Delhi - 1 84 85

Dadra & Nagar Haveli - - - -

Daman & Diu - - - - Goa - 1 - -

Gujarat 137 35 4 176

Himachal Pradesh - - - -

Haryana - 76 1 77

Jharkhand 5 5 - 10

Jammu & Kashmir - - - -

Kerala - 76 1 77

Karnataka - 147 1 148

Lakshadweep - - - -

Meghalaya - - - -

Maharashtra 5 287 165 457 Manipur - - - -

Mizoram - - - -

Madhya Pradesh - 13 - 13

Nagaland - - - -

Odisha - 6 - 6

Punjab - 60 1 61

Pondicherry - - 5 5

Rajasthan - 150 - 105

Sikkim - - - -

Tamil Nadu - - 170 170

Tripura 4 - 4

Uttar Pradesh 161 2 183 346 Uttarakhand - - 3 3

West Bengal - 9 - 9

TOTAL 309 863 694 1866

No. of Notary Certificates Renewed during last three financial year

SI . No. Year No. of Notary Certificates renewed

1. 2012-13 2173

2. 2013-14 1944

3. 2014-15 416

Total 4533

48

4.42. Central Government amended the Notaries Rules, 1956 by Notaries

(Amendment) Rules, 2009. Rules 3 to 8 of the Notaries Rules, 1956 govern the

procedure for appointment of Notary Public by the Central Government. Further,

Rule 8B of the Notaries Rules, 1956 stipulates that an application for renewal of

the Notary Certificate shall be submitted before six months from the date of expiry

of the certificate. Notary is appointed by the Government but he does not get salary

from the Government and it is not a civil post or any kind of employment under the

Central Government and does not attract government policy of reservation in any

manner. However, the eligibility criteria for SC/ST/OBC and Women candidates

have been relaxed to seven years as a legal practitioner whereas in case of a

candidate belonging to other than these categories is, ten years as a legal

practitioner.

4.43. The Committee notes that Department has been regularly appointing

and renewing the certificates of Notaries in different States and Union

Territories. Committee, however, fails to understand why no Notaries have

been appointed in North-Eastern States during the last three years except for

Tripura in 2013-14. The Notaries are an important link in the judicial system

providing cost effective services/assistance to public. The Committee,

accordingly, desires that the Ministry may furnish details of the same during

the Action Taken Replies. The Committee also recommends that Government

should consider reducing number of years of legal practice for SCs, STs,

OBCs women and Others from existing 7 and 10 years respectively so that

young lawyers could get a chance to become Notaries.

49

CHAPTER - V

DEMAND NO. 63: LEGISLATIVE DEPARTMENT

5.0. Budgetary Allocations in respect of constituents of the Legislative

Department are as follows: -

( in Crores)

S.No Organisation RE 2014-15 Proposed BE, 2015-

16

BE 2015-16 Short fall

1. Legislative Department

16.63 18.82 17.63 1.19

2. Official Language Wing

7.96 9.93 9.23 0.70

3. Vidhi Sahitya Prakashan

5.14 6.57 5.81 0.76

4. Organs of State Elections

537.50 2898.63 2142.40* 726.22

Total 567.23 2933.95 2175.07 756.23 * Include 400.00 crore for purchase of EVMs.

ANALYSIS OF THE BUDGET

5.1. Against 567 crore in the financial year of 2014-15 at Revised Estimate

stage the Department could spend 530 crore till 24th March, 2015.

5.2. The Legislative Department had proposed 2933.95 crore in BE (2015-16)

in the Non-Plan side against which the Ministry of Finance has allocated 2175.07

crore resulting in a shortfall of 758.88 crore against the projected budget for BE

(2015-16), which is 1607.84 crore over RE 2014-15. The Department in its

replies to the Questionnaire of the Committee on the Demands for Grants (2015-

16) justified these projections on the grounds that higher demands were received

from the State Governments to meet election relating expenditure incurred by them

during the Lok Sabha Election held in 2014. This also includes 400 crores for

purchase of EVMs and 1500 crores earmarked specifically by Ministry of

50

Finance for settlement of election accounts to State Governments on accounts of

Lok Sabha Election 2014. The Department stated that the shortfall of 756.23

crore will either be taken up at RE (2015-16) stage or during the next financial

year.

OFFICIAL LANGUAGES WING

5.3 In addition to the preparation of draft principal legislation and

scrutiny/vetting of subordinate legislation in English, the Legislative Department is

responsible for preparing and handling all principal and subordinate legislations in

Hindi language as well, which is the official language of the Union as per Article

343 of the Constitution.

5.4. The Secretary, Legislative Department during the Demand for Grants

(2015-16) stated that:-

“…..The function of the Official Languages Wing, under the

Official Languages Act, 1963, is to provide Hindi translation of all

those Bills which are introduced in Parliament. All those Bills,

Rules, Regulations, and Subordinate Legislations are translated

into Hindi. Another function of the Official Languages Wing,… is to

make authoritative text of various laws, which fall under the Eighth

Schedule of the Constitution. The authoritative text is prepared,

and, with the approval of the hon. President, then, it is published in

the Gazette as an authoritative text.”

5.5. An amount of 9.23 crore has been allocated to the Official Language Wing

in BE (2015-16) which is an increase against the allocations of 7.96 crore in RE

(2014-15). However, the Department in its replies to the questionnaire on Demands

for Grants (2015-16) informed the Committee that, the funds allocated were not

utilized to the tune of 47.2 lakhs in 2011-12, 16.7 lakhs in 2012-13 and 13.3

lakhs in 2013-14. Justifications for under utilization of allocations in 2011-12,

2012-13 and 2013-14 as submitted are given as under:

51

Salaries There was delay in filling up the posts due to various reasons such as non-availability of suitable candidates, delayed nomination of candidates by UPSC, SSC, etc..

Publication Non receipt of Bills from Government of India Press. Domestic Travel

Due to economic instructions, lesser number of officers were deputed.

Wages Due to engagement of less daily wagers. Overtime Allowances

OTA was restricted to limited numbers of employees due to austerity measures.

Medical Charges

Lesser numbers of Medical claims received from the employees.

Payment of Professional Services

Non-receipt of sufficient bills.

VIDHI SAHITYA PRAKASHAN (VSP)

5.6. Vidhi Sahitya Prakashan brings out various publications of legal literature,

including law books and law journals, in Hindi containing Hindi translations of

selected judgments of the Supreme Court and High Courts on cases pertaining to

constitutional, civil and criminal laws.

5.7. BE (2015-16) allocation of 5.81 crore has been made against 5.14 crore

in RE (2014-15). The Committee has been informed that the VSP has consistently

failed to utilize its earlier allocations in full. The Department informed the

Committee that during the years 2011-12, 2012-13 and 2013-14 52.5 lakhs,

22.22 lakhs and 22.64 lakhs could not be utilized due to the following reasons:-

Salaries There was delay in filling up the posts due to various reasons such as lack of suitable candidates, delayed nomination of candidates by UPSC, SSC etc.

Office expenses

Non-purchase of items/goods due to economy measures.

Publication Non receipt of Bills from Government of India Press.

Domestic Due to economic instructions lesser number of

52

Travel officers were deputed. Wages Due to engagement of less daily wagers.

Overtime Allowances

OTA was restricted to limited numbers of employees due to austerity measures.

Medical Charges

Lesser numbers of Medical claims received from the employees.

5.8. The Committee while noting the activities of the Official Language

Wing and Vidhi Sahitya Prakashan expresses its displeasure over under

utilisation of funds year after year by it. Unutilised funds are waste of

resources and accordingly, recommends that Department should realistically

project its requirements of funds and should devise mechanism to fully utilise

allocations made to it.

INSTITUTE OF LEGISLATURE DRAFTING AND RESEARCH

5.9. With a view to increasing the availability of trained legislative draftspersons

in the country, the Institute of Legislative Drafting and Research was established as

a Wing of the Legislative Department, Ministry of Law and Justice in January,

1989 to impart theoretical as well as practical training in Legislative Drafting. In

addition to two courses, i.e, Basic Courses (3 months duration) and Appreciation

Courses (15 days duration), recently the Department started a course of legislative

drafting in Hindi. From this year onwards Appreciation Course for those officers

who have earlier attended the basic course and internship programme for law

graduates have been started. These programmes have been conducted by the

institute for imparting training in drafting of legislation, principal as well as

subordinate, to middle level Law Officers of the Central/State Governments/Union

Territory Administrations. Besides, the institute has given on-the-job practical

training including lectures on legislative drafting and its techniques to officials

from foreign countries sponsored by the Bureau of Parliamentary Studies and

53

Training, Lok Sabha Secretariat. Recently the institute has been granted ISO

certification.

5.10. The Secretary, Legislative Department while deposing before the Committee

during the Demands for Grants (2015-16) submitted that, presently they are

functioning with limited numbers of drafting personnel at various levels. The

Secretary submitted that;

“….The constraint is, we are a very small Department consisting of

about 30 officers. If we just compare the work that we attend to here

in the Department with that of any other federal country, be it the

USA, Canada, Australia, you will find that there is a huge difference

between the number of officials working in those Ministries and our

Department.…In this Institute, we are finding it difficult because of

the low number of officers. We are making use of our retired officers.

We are inviting them and taking their assistance in running the

courses. So, I will request the hon. Committee to consider this aspect

and do a favour to us, so that we can have few more posts and the

Institute is organized in a more proper manner and then, we will be

able to serve the country in a very decent manner.”

5.11. The Committee notes that the ILDR is the only institute in the country

giving training in legislative drafting and further notes of the shortage of

drafting personnel at various levels of the Legislative Department. Therefore,

the need to strengthen the institute in terms of personnel and infrastructure

and render it as a premier institute imparting training in legislative drafting is

imperative. The Committee suggests that the Department in addition to

retired officers may also explore the idea of inviting professionals like lawyers

and academicians as guest faculty for its Institute. The Committee also

recommends that a review of existing strength of legislative draftsmen at

various levels vis-à-vis workload be carried out and steps be urgently taken to

create additional posts at various levels as suggested by such review to

strengthen the Legislative Department.

54

VOTING RIGHT TO NON- RESIDENT CITIZENS OF INDIA

5.12. Section 20A of the Representation of the People Act, 1950 and the rules

made thereunder in the Conduct of Election Rules, 1961 envisage that non-

Resident Indians can register themselves in the electoral rolls of their Constituency

on the basis of self-attested copies of the Passport and Valid Visa, subject to

verification by the Electoral Registration Officer and exercise their franchise on

production of original passport in person at the time of voting at the specified

polling booths.

5.13. In pursuance of a Public Interest Litigation filed before the Hon'ble Supreme

Court (Writ Petition No. 265 of 2014 — in the matter of Shamsheer V.P. Vs UOI

and Another), the Election Commission appointed a Committee to examine the

facilities available for voting by the Non-Resident Indians (NRIs) under the

Representation of People Act, 1950, with a view to mitigating the difficulties being

faced by them in exercising their franchise and to sagest alternative options of

voting by NRIs. After indepth study of the existing provisions vis-a-vis the various

options available, the Committee has recommended provision for e-Postal Ballot

System and Proxy Voting.

5.14. The provision of e-Postal Ballot System envisages making available the

blank postal ballot papers electronically to the non resident citizens and thereafter

the same are returned by normal post. At present, normal (two-way) postal ballot

system is available to certain special categories of voters such as Armed Forces

personnel, personnel on election duty etc. As informed by the Election

Commission of India Proxy Voting will enable the Non-Resident Indians (NRIs)

voters to appoint a proxy after following certain formalities, to exercise the

franchise through him/her, without himself physically being present. At present,

55

proxy voting facility is available to armed forces personnel only. The

recommendations of the Committee were considered in the Legislative Department

and a view was taken to implement the same so as to further enhance the existing

provisions to enable the Non-Resident Indians voters to exercise their franchise

without having to be physically present in the polling booth.

5.15. The Committee notes the initiatives taken by the Department in

facilitating exercise of the voting right of Non-resident citizens of India and

enabling them to exercise their franchise without having to be physically

present in the polling booth. The Committee feels that Election Commission of

India should proactively work with the Ministry of External Affairs and

Ministry of Overseas Indian Affairs to ensure that maximum numbers of

Non-Resident Indians register and participate in electoral process of the

Country.

56

CHAPTER - VI

DEMAND NO. 64: DEPARTMENT OF JUSTICE

6.0. Administration of justice ensures easy access and timely delivery of justice

to all including the marginalized sections of the society. In order to archive the

aforesaid objective, the Department of Justice ensures adequate number of Judges

in the Higher Judiciary, implements the National Mission for Justice Delivery and

Legal and Judicial Reforms, monitoring of the physical and financial progress of

the Thirteenth Finance Commission (TFC) grants, assist development of judicial

infrastructure in the subordinate courts through Centrally Sponsored Scheme;

facilitate Information and Communication Technology (ICT) - enablement and

connectivity of courts; and facilitates setting up of different types of courts, etc.

6.1. The Budget provisions of the Department of Justice are summarized below:

BUDGET AT A GLANCE

( in crores)

Head BE (2014-15) RE (2014-15) BE (2015-16) Plan Non-

Plan Plan Non-

Plan Plan Non-

Plan Secretariat Expenditure of Department of Justice (2052)

5.03 5.27 6.4735

Secretariat Expenditure of National Mission for Justice Delivery & Legal Reforms (2052)

3.23 2.64 2.96

Special Courts / Family Courts (3601)

5.00 5.00 5.00

National Judicial Academy (2014) 10.74 10.74 10.74

National Legal Services Authority (NALSA) (2052)

4.77 4.37 5.65

NALSA (Grants-in-Aid) (2052) 142.00 137.00 145.00

Total (Non-plan) 170.77 165.02 175.8235 a) Centrally Sponsored Scheme for development of infrastructure

782.40 842.40 443.69

57

facilities for the judiciary (States other than NER) (3601)

b) Computerization of District & Subordinate Courts (Phase-I) (2014)

58.00 35.00 2.00

c) CSS for Development of Infrastructure of Judiciary – UT with and without Legislature (3602)

60.00 0.00 63.00

d) Grant in aid to NER for Development of Infrastructure of Judiciary (2552)

93.60 93.60 80.66

e)E-courts Project (Phase-II) (2014) 60.00 0.01 -

f) Action Research and Studies on Judicial Reforms (2014)

5.00 1.00 -

g) Access to Justice-Govt. of India (NE&JK) (2014)

8.00 4.66 -

h) Access to Justice for Marginalised in India UNDP (SAJI) (Phase-II) (2014)

5.00 7.59 5.00

i) Setting up of Model Courts (2014)

26.00 0.01 -

j) National Mission-Action Plan Implementation# (2014)

5.00 0.01 -

k) Assistance to State Governments for establishing and operating Gram Nyayalayas (3601)

0.00 3.00 0.01

l) National Mission for Justice and Legal Reforms (NMJLR) (2014)

212.29

Total (Plan) 1103.00 170.77 987.28 165.02 806.65 175.8235 Grand Total (Plan + Non Plan) 1273.77 1152.3 982.4735

ANALYSIS OF THE BUDGET OF THE DEPARTMENT OF JUSTICE FOR 2015-16

6.2. The Budget of Department of Justice makes provision for operation of both

Plan and Non-Plan schemes and also the provisions for Secretariat’s Expenditure.

The Plan allocations for the year (2015-16) for the Department of Justice aggregate

to 806.65 crore with major components being released under Centrally

Sponsored Scheme (CSS) for development of infrastructure facilities for the

judiciary which amount to 443.69 crore and 212.29 crore under National

Mission for Justice and Legal Reforms. On the other hand, a Non-Plan allocation

58

of 145 crore have been made as Grants-in-aid to National Legal Services

Authority (NALSA) and 10.74 crore to National Judicial Academy (NJA).

NON-PLAN COMPONENT (SECRETARIAT)

6.3. The Budget Estimates and Revised Estimate for the year 2014-15 were

5.03 crore and 5.27 crore, respectively, for the main Secretariat of Department of

Justice under non-plan expenditure. In the Budget Estimates for the year 2015-16,

a provision of 6.47 crore has been made for the same purpose. The total

projection Budget Estimates and Revised Estimate for the year 2014-15 under the

various schemes undertaken by the Department amount to 165.74 crore and

159.75 crore, respectively. Projections have been made in BE (2015-16) to the tune

of 69.35 crores. A break-up of the allocations for the various Schemes (Non-

Plan Component) is given below:

( in crore)

Head AE (2013-14)

BE (2014-15)

RE (2014-15)

BE (2015-16)

Non-Plan Non-Plan Non-Plan Non-Plan Secretariat Expenditure of Department of Justice (2052)

4.07 5.03 5.27 6.47

Secretariat Expenditure on National Mission for Justice Delivery & Legal Reforms (2052)

1.32 3.23 2.64 2.96

Special Courts / Family Courts (3601)

5.00 5.00 5.00 5.00

National Judicial Academy (2014)

7.20 10.74 10.74 10.74

National Legal Services Authority (NALSA) (2052)

2.58 4.77 4.37 5.65

NALSA (Grants-in-Aid) (2052)

60.41 142.00 137.00 145.00

Total (Non-plan) 80.58 170.77 165.02 75.82

59

A. NATIONAL MISSION FOR JUSTICE DELIVERY & LEGAL REFORMS (SECRETARIAT EXPENDITURE)

6.4. The objective of the Mission is to increase access to justice by reducing

delays and arrears in the system and enhance accountability through structural

changes and by setting performance standards. The objectives are to be achieved in

a time bound manner by the year 2015-16 through a mission mode approach. The

Mission has a Mission Directorate, an Advisory Council and a Governing Council

for overseeing the implementation of the Mission. The broad areas covered by the

National Mission are policy and legislative changes, re-engineering of procedures,

human resource development, leveraging Information and Communication

Technology (ICT) and improve physical infrastructure of subordinate courts.

6.5. In the BE (2015-16), a provision of 2.96 crore was made for non-plan

Secretariat expenditure under National Mission for Justice Delivery and Legal

Reforms against 3.23 crores in BE (2014-15) which was reduced at RE (2014-

15) to 2.64 crore.

6.6. The Committee appreciates the importance of the role of the National

Mission for Justice Delivery & Legal Reforms in tackling the flaws of the

justice delivery system. A project with far reaching objectives such as this

requires a firm and reliable financial support. The Committee, therefore

desires that the Ministry may ensure that there are no financial constraints in

implementing this important programme.

B. FAMILY COURTS

6.7. Central financial assistance started in the year 2002-03 with a non-recurring

grant @ 10 lakh per court provided by the Department of Justice to the

concerned States/UTs for setting up of Family Courts and the concerned States to

60

provide matching share. A further provision of 5 lakh per court per annum for

meeting running expenditure on Family Courts with matching share from the

concerned States was also put in place.

6.8 The Secretary, Department of Justice during her deposition before the

Committee on the Demands for Grants (2015-16) of the Department submitted that

there are 672 districts in the country and 408 family courts are in existence. It is the

vision of the Department to have one Family Court in each district of the country

and accordingly it has now been subsumed in the infrastructure plan scheme and

funds are made available when sought for. A provision of 5.00 crore under non-

plan has been made for the past three financial years for the Family Court Scheme

and the same amount has also again been projected in BE (2015-16).

6.9 The Committee is happy to note that the Department propose to set up

atleast one family court in every district or the country. The Committee would

like the Department to achieve its objective in a time bound manner

preferably in next two years and constraints, if any, in achieving it may be

brought to the notice of the Committee.

C. NATIONAL JUDICIAL ACADEMY

6.10 The objectives of the Academy include the strengthening of the

administration of justice through judicial education, research and policy

development. The Committee was informed that the National Judicial Academy

had conducted 916 training programme and 25,700 judicial officers were trained.

A grant of 325 lakh (1st instalment) and 350 lakhs (2nd instalment) was released

to the Academy from the budgetary provision of 1074 lakhs for the year 2014-15.

Utilisation Certificates for 325 lakhs have been received by the Ministry from the

61

Academy. In the BE (2015-16) 1074 lakh has been sought by the NJA and the

same has been allocated to it.

6.11 The Director, National Judicial Academy while deposing before the

Committee on the Demands for Grants (2015-16) apprised the Committee that the

academy sought budgetary allocation for construction of residential quarters for

staffs and faculty members. She submitted the handicap of the academy due to

shortage of residential quarters for the staff stating that:-

“....... I have realised that we are not able to fill all our vacant

positions owing to shortage of houses. We had some capital grant

in the year 2004, which was 10 crore. It was not returned back

and utilised. ....... Seventeen positions are vacant. In fact, for

sanctioned strength of 120, there are only 40 houses. Appointments

are done on all-India level. People who come from outside Bhopal

ask for residence. They say that if we would give them residence,

only then, they would come and join. .... So, we need to construct

houses. Otherwise, we won’t be able to fill all these vacancies.”

6.12 The Committee notes the submission made by Director, NJA and hopes

that the Ministry would ensure allocation of adequate funds for the

construction of residential quarters for faculty and staffs of the NJA in the

current financial year.

D. NATIONAL LEGAL SERVICES AUTHORITY (NALSA)

6.13 The National Legal Services Authority (NALSA) has been constituted under

the Legal Services Authorities Act, 1987 to monitor and evaluate implementation

of legal aid programmes and to lay down policies and principles for making legal

services available under the Act.

6.14 In every State, a State Legal Services Authority and in every High Court, a

High Court Legal Services Committee have been constituted. District legal

62

Services Authorities, Taluk Legal Service s Committees have been constituted in

the Districts and most of the Taluks to give effect to the policies and directions of

the NALSA and to provide free legal services to the people and conduct Lok

Adalats in the State. Supreme Court Legal Services Committee has been

constituted to administer and implement the legal services programme insofar as it

relates to the Supreme Court of India.

6.15 In the Budget Estimate for the year 2014-15 a provision of 4.77 crore was

made at BE stage for the non-plan expenditure under NALSA which was reduced

to 4.37 crore at RE stage. In BE (2015-16), a provision of 5.65 crore has been

made for running its secretariat.

6.16 Financial assistance of 145crore has been allocated for NALSA in BE

(2015-16) over 137 in RE (2014-15) crore, whereas AE in 2013-14 was 80.44

crore to meet its activities relating to providing the legal aid & awareness

programme. The Secretary, NALSA during the presentation on the Demands for

Grants (2015-16) submitted that the amount of 145 crore sought in BE (2015-16)

by NALSA has been sanctioned by the Ministry.

6.17. The Department of Justice further informed that in the 13th All India Meet

of SLSAs at Ranchi on 21-22 March, 2015, the National Plan of Action for the

year 2015-16 was formulated for implementation of the State Legal Services

Authority (SLSAs) in their States and NALSA will monitor and guide them. It is

expected that effective implementation of schemes of NALSA with particular

emphasis on the following:

1) Legal literacy programmes through multifarious activities at school

and college levels;

2) Protection of the rights of the severely marginalized such as those

trafficked for commercial sexual exploitation and sex workers;

63

3) Child rights, etc

4) Para Legal Volunteer scheme

5) Legal Services Clinics and clubs

6) Effective use of Doordarshan, All India Radio and Community Radio

Stations for propagation of legal aid schemes/programmes.

6.18. The scheme for Para Legal Volunteers course (legal services-volunteers)

framed in 2009 is the flagship programme of National Legal Services Authority

(NALSA). Till 31st January, 2015 NALSA has trained 93955 para legal volunteers.

NALSA has been monitoring the implementation of the Scheme so that Legal

Services Authorities through local para legal volunteers can reach the persons in

need of legal aid in a practical, physical and responsive manner.

6.19. The State Legal Services Authorities, District Legal Services Authorities and

the Taluka Legal Services Committees are regularly organising legal awareness

camps/programmes for spreading awareness amongst the weaker sections of the

society throughout the country. The NALSA monitors and evaluates/assesses the

camps/programmes organised by them. The State Legal Services Authorities are

also holding camps/programmes in the School and Colleges. As of 31st January,

2015, 81180 legal awareness/programmes were organised.

6.20. The Committee notes the progressive increase in allocations to NALSA

from Financial Year 2013-14 onwards and an allocation of 145 crore in BE

(2015-16) which is the same as projected demand. The Committee notes the

role of NALSA in legal awareness, legal aid and legal education in the country

to cater to the needs of various sections of the society, especially poor and

marginalised. It also exposes judicial officers to ground realities while

implementing the NALSA schemes which in turn impacts justice delivery. The

Committee hopes that NALSA will further tone up its programmes so that

benefits reach targeted persons effectively and in time.

64

NATIONAL JUDICIAL APPOINTMENTS COMMISSION (NJAC)

6.21. Department of Justice informed that a proposal for allocation of 3.00 crore

at BE (2015-16) for incorporation in the budget head in the Department of Justice

was sought. However, the same has not been allotted and an additional requirement

may be required during financial year 2015-16.

6.22. The Department of Justice submitted to the Committee in this context thus -

… National Judicial Appointments Commission Act, 2014, Clause 2

of Section 1 says, “It shall come into force on such date as the

Central Government may by notification in the Official Gazette

appoint.” Sir, after the law got passed, it got notified. There were

certain actions to be done like getting the staff for the National

Judicial Appointments Commission, getting place where the

meetings would be held, drafting rules and regulations. All these

preliminary activities were going on. When we were coming to the

conclusion of these activities, the matter went to the Supreme Court

…. They have reserved the judgment. There is no stay order. It is

absolutely made clear by the Attorney-General that we can notify it

tomorrow. After obtaining the legal advice on the matter and

looking into the preparedness of the department in switching over

to the system, I think, the Secretary and the Minister will take a call

on this.

6.23. The Committee hopes that NJAC when constituted, will work for

prompt filling of vacancies in higher judiciary, reduction in pendency of cases,

transparency in appointment of judges, transfer and improve the functioning

of the judicial system in the country. This in turn would enhance trust of

public in the judiciary. The Committee further directs Ministry to ensure that

sufficient funds are made available to NJAC so that it starts working at the

earliest.

PLAN COMPONENT

65

6.24. As against the demand proposal of 1669.33 in BE (2015-16) under the

Plan-component of the Department, 806.65 crores has been allocated.

Proposal and Allocation in BE 2015-16

Name of the Scheme

Proposal for BE 2015-16

BE 2015-16

Justification for higher demand

Explanation to meet shortfall

Centrally

Sponsored Plan

Scheme (CSS)

for

Development

of

Infrastructure

for Judiciary.

1095.00 *562.99 Action Plans received from

State Governments indicate

likelihood of higher

expenditure during the

Financial Year 2015-16. New

Court Infrastructure Projects

are under consideration in

Union Territories.

Funding pattern of central

assistance under CSS is likely to

be revised from 75:25 to 50:50 in

view of higher devolution of

funds to States.

e-courts Project

- Phase -II

522.00 227.13 As per the EFC approval of

Phase II of the e-Courts

Project, cost estimates for

implementing activities in the

first year (2015-16) is

Rs.522.00 crore.

The Phase II of the Scheme is yet

to be approved. Additional funds

could be requested at Revised

Estimates Stage depending upon

the pace of expenditure.

Computerizatio

n of District &

Subordinate

Courts (E-

Courts Phase-I)

37.80 2.00 Proposed Budget Estimates

(2015-16) was indicated as

per the estimates provided by

National Informatics Centre

(NIC).

Additional funds could be

requested at Revised Estimates

Stage depending upon the pace of

expenditure.

Establishment

and

Operationalisatio

n Gram

Nyayalayas

0.01 0.01 A new Budget Head ’02.891’ under Major Head 3601 was opened

for Gram Nyayalayas Scheme and Rs.3.00 crore was re-

appropriated in the financial year (2014-15) from the Budget Head

of infrastructure development scheme. Funds will be appropriated

from Centrally Sponsored Scheme (CSS) for Development of

Infrastructure for Judiciary to Gram Nyayalayas Scheme in the

financial year (2015-16) as per the requirements..

Access to

Justice for

Marginalized in

India (UNDP)

SAJI (Phase-II)

5.00 5.00

---- ----

Access to

Justice -

Government of

India (8 States

7.00 7.00

---- ----

66

* includes allocation of 63.00 for 3602-‘Grant for creation of Capital Assets’

CENTRALLY SPONSORED SCHEME RELATING TO INFRASTRUCTURAL FACILITIES FOR THE JUDICIARY

6.25. The Centrally Sponsored Scheme (CSS) has been in operation since 1993-94

with a funding pattern of 50:50 to States (changed to 75:25 with effect from

2011-12) and 90:10 in respect of North -eastern States, for infrastructural

development of Subordinate Courts.

6.26. In its reply to the questionnaire on Demands for Grants (2015-16), the

Department informed the Committee that under Centrally Sponsored Scheme

(CSS) for development of infrastructure for Judiciary 911 crore was allocated in

the BE (2013-14), which was reduced to 895 crore at RE (2013-14) stage and

895 crore was sanctioned to State Governments in the same year (2013-14). In the

year 2014-15, 936.00 crore was allocated and remained the same at RE (2014-

15) stage. 933 crore was sanctioned to State Governments and 3.00 crore was

re-appropriated to Gram Nyayalayas Scheme. Hence, funds made available at RE

of North-East

Region

including

Sikkim and

Jammu &

Kashmir)

Action

Research and

Studies on

Judicial

Reforms

2.50 2.50

----- ----

National

Mission -

Action Plan

Implementation

0.01 0.01

---- ----

Setting up of

Model Courts

0.01 0.01 ---- ----

Total 1669.33 806.65

67

stage under the scheme in the years 2013-14 and 2014-15 have been fully allocated

to State Governments and there has been no procedural or other challenges. In the

current Financial Year 443 crores have been earmarked for CSS. The scheme in

the last four years has been on the basis of 75:25 dispensations except for the

Northeast where it is 90:10. Therefore, the Department needs more allocation.

6.27. As of March, 2015, the Central Government has released an amount of 3,

131 crore to the State Governments and UT administrations under the revised

funding pattern. This represents a significant increase over the sum of 1,245

crore that was provided by the Central Government in the initial phase of the

scheme (1993-2011). The details of funds released during the last five years under

Centrally Sponsored Scheme for development of infrastructure facilities for the

judiciary to States and UTs are given below:-

Sl. No.

State Funds sanctioned in 2011-12

Funds sanctioned in 2012-13

Funds sanctioned in 2013-14

Funds sanctioned in

2014-15 (As on 13.03.2015)

1 Andhra Pradesh 1888.00 6393.00 0.00 2 Bihar 0.00 1524.00 0.00 4909.35

3 Chhattisgarh 2097.00 0.00 0.00 2176.60

4 Goa 172.00 0.00 0.00 5 Gujarat 0.00 9893.00 10000.00 10000.00

6 Haryana 2138.00 0.00 3632.00 7 Himachal Pradesh 0.00 0.00 806.00 8 Jammu & Kashmir 1035.00 2572.00 3428.00 3429.00

9 Jharkhand* 0.00 1500.00 1693.00 3044.00

10 Karnataka 2961.00 7610.00 10384.00 16370.00

11 Kerala 1169.00 1499.00 0.00 12 Madhya Pradesh 4403.00 2046.00 6141.00 6141.00

13 Maharashtra 12915.00 5920.24 10000.00 9975.00

14 Orissa 2416.00 1534.00 0.00 15 Punjab 0.00 7902.00 12000.00 9805.00

16 Rajasthan 1172.00 1042.00 0.00 17 Tamil nadu 0.00 1953.00 7343.00 18 Uttarakhand 0.00 829.76 2043.00 3559.05

19 UttarPradesh 15659.00 9398.00 12530.00 12531.00

20 West Bengal 2518.00 0.00 0.00 2000.00

68

Total (A) 50543.00 61616.00 80000.00 83940.00

NE States

1 Arunachal Pradesh 972.00 750.00 0.00 1000.00

2 Assam 2890.00 2954.90 0.00

3 Manipur 0.00 0.00 1500.00 2000.00

4 Meghalaya 0.00 0.00 1474.00 1709.00

5 Mijoram 0.00 704.78 812.56 1085.00

6 Nagaland 169.00 750.00 0.00 2016.00

7 Sikkim 0.00 549.50 2802.84

8 Tripura 0.00 1495.60 2910.60 1550.00

Total (B) 4031.00 7204.78 9500.00 9360.00

UTs

1 A&N Islands 500.00 0.00 0.00

2 Chandigarh 500.00 0.00 0.00

3 Dadra & Nagar Haveili

500.00 0.00 0.00

4 Daman & Diu 0.00 0.00 0.00 5 Delhi 2250.00 2000.00 0.00 6 Lakshadweep 0.00 0.00 0.00 7 Pondicherry 1250.00 0.00 0.00 Total (C) 5000.00 2000.00 0.00

Grand Total (A+B+C)

59574.00 70820.78 89500.00 93300.00

6.28. The Committee notes that for the year 2015-16, an allocation Rs.562.99

crore has been made towards CSS for development of subordinate courts

against the allocation of 1095 crore for the year 2014-15. The Committee

also notes from the written reply to the questionnaire by the Department that

allocation for this year has been made keeping in view the revision of funding

pattern of central assistance under CSS from 75:25 to 50:50 in view of the

higher devolution to states. The Committee feels that the scheme has to a

great extent helped in the development of infrastructure in subordinate

courts. The Committee hopes that in the proposed revised pattern, the states

would continue to have adequate financial resources to implement the scheme.

The uneven allocation to different states over the last few financial years is a

matter of concern and Committee would like Department to look into the

69

causes of wide fluctuation in funds sanctioned to States in different years with

a view to make consistent allocations to the States.

6.29. The Committee is of the view that upgraded and modern judicial

infrastructure will add to productivity of the judiciary and help in quicker

delivery of justice and reduction of arrears. The Committee hopes the States

would take full benefit of the scheme to upgrade and modernise the

infrastructure in the subordinate courts of the State.

NATIONAL MISSION FOR JUSTICE DELIVERY AND LEGAL

REFORMS (NMJDLR)

6.30. National Mission for Justice Delivery and Legal Reforms was set up in

August, 2011 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

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.

6.31. With regard to National Mission on Judicial reforms, the Secretary,

Department of Justice in her deposition on the Demands for Grants (2015-16)

submitted:-

“...we are taking up the reduction of pendency of cases, new

legislations or amend legislations wherever it is required. It

includes Computerization of courts, process re-engineering,

infrastructural development, encouraging alternate dispute

redressal methods, training of judicial officers and access to

justice.

70


Department informed the Committee that a token amount of 1 lakh is proposed

in BE (2015-16) for NMJDLR.

6.33. The Committee appreciates the initiative of National Mission for Justice

Delivery and Legal Reforms. The Committee however notes that only a token

amount of 1 lakh has been made for it in BE (2015-16) which implies that

Ministry is still in the process of finalizing details of the Mission. The

Committee finds it rather shocking that a Mission started in 2011 with a time

frame of five years has still not taken off. The Committee desires the Ministry

to ensure that the Mission is taken seriously and implemented in a time bound

manner and objectives of the Mission are achieved.

ACCESS TO JUSTICE – (NE & J&K)

6.34. The Department informed the Committee that it has proposed funds

amounting to 30 crores which will be required for implementing the scheme

Access to Justice (A2J) Project in the eight States of North East (including Sikkim)

and Jammu & Kashmir in the Twelfth Plan. The focus will be primarily to address

the legal needs of the marginalised and vulnerable sections of the society,

particularly women, children, Scheduled Castes, Scheduled Tribes and other

backward communities. The project aims to strengthen justice delivery system and

improve its capacity to address the needs of the people in a better way as well as

create a robust cadre of social justice lawyers and para legal volunteers to build

bridges between and the court rooms and marginalised at the grassroots level.

COMPUTERISATION OF DISTRICT AND SUBORDINATE COURTS

(i) e-COURTS MISSION MODE PROJECT PHASE-I

6.35. The eCourts Integrated Mission Mode Project approved in the year 2010 is

one of the National eGovernance projects (NeGP), being implemented for ICT

71

enablement of district and subordinate Courts of the Country and envisages

computerisation of 14,249 District & Subordinate courts with budget of 935

crore by 31st March, 2015.

6.36. The objective of the e-Courts project is to provide designated services to

litigants, lawyers and the judiciary. The project facilitates automation of case

management workflow through use of application software for activities such as

Case Filing, Scrutiny, Registration, Case Allocation, Court Proceedings, Details

entry of a Case, Case Disposal & restoration, Transfer of Case, Pendency data /

Institution Registers, Court Diaries, Calculation of court fees etc. The national e-

Courts portal (http://www.ecourts.gov.in) 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

4 crore pending and decided cases in more than 13,000 courts. Litigants and

lawyers are also provided services through Judicial Service Centre at the court

complexes such as Case Filing, Certified copies of orders and judgments, Case

status etc.

6.37. Out of 14249 courts to be computerised, more than 95% of the mandated

activities have been completed. Status of implementation as on 28th February,

2015, for main components of the project is given as under:

Sl. No.

Module Number of Courts completed

% Completion

1. Sites funded 14249 100.00

2. Sites readiness 14249 100.00

3. Hardware installation 13436 94.29

4. LAN installation 13606 95.49

5. Software development 13672 95.95


Department informed that under Phase-I of the eCourt Mission Mode Project,

72

118.00 crores was allocated in the BE (2013-14) which was reduced to 77.58

crores at RE (2013-14) stage, but the actual expenditure under the Scheme was

38.73 crores. In 2014-15, 58.00 crores was allocated at BE stage which was

reduced to 35.00 crores at R.E. (2014-15) stage and the actual expenditure under

scheme was 9.95 crores. The Committee was informed that the National

Informatics Centre (NIC), the implementing agency for the Project, faced a number

of hurdles in implementing the Project. The vendors for computer hardware

stopped supplies in August 2013 due to increase of the rate of US dollars vis-à-vis

the Indian Rupees. Efforts were made to seek approval for upward revision of price

on account of exchange rate variation, but it was not approved by the Ministry of

Finance. National Informatics Centre (NIC) thereafter floated a fresh tender. NIC

could not accept the bids against this tender because of unreasonable prices quoted.

For the above reasons, the RE in each of the last two years was kept lower than the

BE.

(ii) e-COURTS MISSION MODE PROJECT PHASE-II

6.39. This new Scheme is under consideration and it will be build upon the

experience of the e-Courts Project Phase – I. In Phase- II the Department has

planned to give various types of computer material to 5,751 courts, and the ones

which were left in Phase-I with a total estimated cost of 1670 crores. In BE

(2014-15), 42.3 crore was allocated, which was reduced to 1 crore in RE stage.

No amount has been allocated for the scheme in BE (2015-16) in the Detailed

Demands for Grants (2015-16). However, the Secretary during the Demands for

Grants (2015-16) submitted that total estimated cost of the Scheme would be

2700 crore, whereas only 1670 crore were cleared by the EFC. In this context,

the representative of the Department submitted that:-

73

“…Currently, e-filing is already available in the Supreme

Court of India and in certain High Courts. The lawyers have the

option of either filing paper copies or e-filing in High Courts. In

the Supreme Court, some of it is totally done through electronic

means. We would start an exercise to do that for Subordinate

Courts as well in Phase II, and we propose to that in the duration

of three to four years…. on an experimental basis, e-courts have

already started functioning in certain Courts. For example, we

have two e-courts in the Delhi High Court, and e-courts in the

Saket and Karkardooma District Courts. In some other States also,

on an experimental basis, they have started e-courts at the

subordinate level. This entire exercise is intended to cost us

2,764 crores because one of the key prerequisites of an e-court

would be that all the case records are digitized”.

6.40. The Committee is concerned to note the uneven expenditure patterns,

which reveals non-utilisation of funds by the Department since 2013-14. The

allocation/utilisation of funds has progressively gone down since 2013-14 to

2014-15 in e-courts mission mode project. The Committee, however,

appreciates the progress made with over 95% completion of all activities of

Phase I of e-Courts Mission. The Committee also takes note of the new

initiative e-Court Mission mode project-II and hopes that the new project will

overcome the lacunae/bottlenecks of the phase-I. However, similar to the

phase-I of the project, Committee notes progressive reduction in allocation

from BE (2014-15) to RE (2014-15). The Committee hopes that Department

will take quicker decision in future to prevent non-utilisation of allocation

made to it. The Committee also hopes that the Department would take all

necessary steps to implement these important initiatives in a time bound

manner.

74

NATIONAL JUDICIAL GRID

6.41. The Department of Justice informed the Committee that twenty-one, out of

twenty-four High Courts are on National Judicial Grid and only Gujarat, Delhi and

Madhya Pradesh are left out of this Grid. These Courts have their own system,

however, based on old programme these courts will now be switched on to

National Judicial Grid. The Secretary, Department of Justice submitted that a total

of 4.5 crore cases can be accessed and there are 95 lakh judgments on the National

Grid.

6.42. The Committee is happy to note that the Ministry is developing

National Judicial Grid in the country so as to make details of cases and

judgments readily available on real-time basis to any person anywhere.

Committee feels that NJG will help in avoiding duplication of work and

saving time and money of the court and litigants. The Committee recommends

that the High Courts of Gujarat, Delhi and Madhya Pradesh be included in

the Grid at the earliest.

GRAM NYAYALAYAS

6.43. The Gram Nyayalayas Act, 2008 has come into force with effect from 2nd

October 2009. The States are expected to set up 5067 such courts in the country at

Intermediate Panchayat level to provide speedy and inexpensive justice to the

citizens at their door steps in the rural areas. The scheme for giving assistance to

States for Gram Nyayalayas has taken off from the year 2009-10. Department of

Justice in its written replies to the questionnaire of the Committee submitted that

between 2009 to 2014, Rs. 3749 lakhs has been released to various State

Governments for establishing Gram Nayalayas.

75

6.45. The Department further informed that 194 Gram Nyayalayas have so far

been notified in ten (10) States, however, only 159 Gram Nayalayas are

operational. The Department assigns the slow pace of development of Gram

Nayalayas to 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

and other issues indicated by the States are amongst the major problems coming in

the way of operationalization of the Scheme.

6.46. The Secretary, Department of Justice, while deposing on the Demands for

Grants (2015-16) submitted that only token provision for Gram Nayalayas has

been made in BE (2015-16). Justifying the token provision in BE (2015-16), she

stated that in many States, there are courts at the Taluk level which are already

looking after the matter to be dealt by Gram Nayalayas. Department of Justice in

its written replies further stated that the issue of 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 was decided

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 should be on covering those Talukas under the Gram

Nyayalayas scheme where regular courts have not been set up.

6.47. The following table is indicative of the setting up of Gram Nyayalayas in

the States and fund released to them for the purpose:

Sl. No

State Gram Nyayalayas Notified

Gram Nyayalayas Operational

ised

Amount Sanctioned ( in Lakhs) 2009-

10 2010-

11 2011-

12 2012-

13 2013-

14 2014-15

Total

1 M.P. 89 89 632.00 745.40 156.80 0.00 284.80 0.00 1819.00

2 Rajasthan 45 45 567.00 0.00 144.00 243.00 215.20 71.78 1240.98

3 Karnataka 2 0 0.00 0.00 25.20 0.00 0.00 0.00 25.20

76

6.48. The Committee expresses its concern at the slow pace of establishment

of Gram Nyalayas in different States. It desires that the Department should

review the entire issue in the light of experience gained and expeditiously

devise ways so that justice could be delivered to people at their door steps

which is the basic purpose of Gram Nayalayas Act, 2008. It may also focus on

setting up of Gram Nayalayas in Talukas where regular Courts have not been

set up as decided in the Conference of Chief Justices of High Courts and Chief

Ministers of the States.

THIRTEENTH AND FOURTEENTH FINANCE COMMISSION (TFC)

6.49. The Annual Report of the Ministry (2014-15) states that the 13th Finance

Commission has recommended a grant of 5000 crore for the period 2010-15 to

the States for improving justice delivery which is distributed in the following

schemes:

THIRTEENTH FINANCE COMMISSION

( in crore)

Sl. No.

Schemes Amount

1. Operation of morning/evening courts/shift courts 2500

2. ADR Centres 600 3. Training of mediators/conciliators 150

4. Lok Adalats 100

5. Legal Aid 200 6. Training of Judicial Officers 250

7. State Judicial Academies 300

4 Orissa 16 12 15.80 0.00 110.60 0.00 0.00 0.00 126.40

5 Maharashtra 18 10 132.60 0.00 9.60 15.80 0.00 100.80 258.80

6 Jharkhand 6 0 0.00 0.00 0.00 75.60 0.00 0.00 75.60

7 Goa 2 0 0.00 0.00 0.00 25.20 0.00 0.00 25.20

8 Punjab 2 1 0.00 0.00 0.00 25.20 0.00 0.00 25.20

9 Haryana 2 2 0.00 0.00 0.00 25.20 0.00 0.00 25.20

10 Uttar Pradesh 12 0 0.00 0.00 0.00 0.00 0.00 127.42 127.42

Total 194 159 1347.40 745.40 446.20 410.00 500.00 300.00 3749.00

77

8. Public Prosecutors Training 150 9. Court Managers 300

10. Maintenance of heritage Court Buildings 450 Total 5000

6.50. A Grant of 1947.05 crore has been released to the States up to

30th November, 2014 for the above mentioned sectors for improving justice

delivery under the TFC Grant. Beside this, Government has approved making

available upto 80 crore per annum on matching basis up to 31st December, 2015

from out of amount allocated for morning/evening/shift courts in TFC Award for

the judiciary, for meeting the expenditure in pursuance of the judgement of the

Supreme Court in Brij Mohan Lal case.

6.51. The 14th Finance Commission has recommended 9,749 crores, as

demanded by the Department of Justice. The break-up of the allocation is as

under:-

FOURTEENTH FINANCE COMMISSION

( in Crores)

Sl. No.

Head Rupees

1. Pendency reduction by establishing additional courts 854 2. Fast Track Courts 4,000

3. Establishment of Family Courts 541

4. Redesigning existing courts and litigant-friendly courts 1,400 5. Augmenting technical support for e-courts 479

6. Scanning and digitalization 752 7. Access to justice which is legal aid, Lok Adalats and ADR 846

8. Training and capacity building of judges, public prosecutors, mediators and lawyers

550

9. State judicial academies for Manipur, Meghalaya and Tripura

75

6.52. The Committee takes note that the Fourteenth Finance Commission

targeted pendency reduction through fast tract courts, family courts, Lok

78

Adalats etc. and for which substantial allocation has been recommended. The

Committee hopes that the Ministry will utilize the funds earmarked under

various heads during the stipulated period fixed by the Commission. It

further hopes that the Department would effectively monitor the

implementation of the schemes and not be just a mere funding agency.

VACANCIES IN SUPREME COURT AND HIGH COURTS

6.53. In its written submission, the Department of Justice informed the Committee

that the approved strength of the Supreme Court is 31. As on date, 28 Judges are in

position and there are 3 vacancies to be filled up. Statement showing the approved

strength, working strength and vacancies of Judges in the Supreme Court of India

and the High Courts, as on 9th March, 2015 is given below:-

Sl. No.

Name of the Court

Approved Strength

Working Strength Vacancies as per Approved Strength

Proposals in pipeline

Supreme Court 31 29 02 B. High Court Pmt. Addl Total Pmt. Addl Total Pmt. Addl Total Fresh Addl.

to Pmt.

1 Allahabad 76 84 160 58 25 83 18 59 77 19 05

2 Telangana&Andhra Pradesh

33 16 49 19 10 29 14 06 20 09 11

3 Bombay 48 27 75 39 26 65 09 01 10 02 04

4 Calcutta 45 13 58 23 14 37 22 -01 21 08 --

5 Chhattisgarh * 06 12 18 04 06 10 02 06 08 04 --

6 Delhi 45 15 60 28 13 41 17 02 19 -- 08

7 Gauhati * 17 07 24 09 08 17 08 -01 07 -- --

8 Gujarat * 29 13 42 25 05 30 04 08 12 08 02

9 Himachal Pradesh

10 03 13 07 -- 07 03 03 06 04 --

10 Jammu & Kashmir

13 04 17 09 01 10 04 03 07 04 --

11 Jharkhand 19 06 25 09 04 13 10 02 12 01 --

12 Karnataka 47 15 62 26 09 35 21 06 27 -- --

13 Kerala * 27 11 38 22 09 31 05 02 07 07 04

14 Madhya Pradesh 40 13 53 25 08 33 15 05 20 17 01

15 Madras 45 15 60 34 08 42 11 07 18 09 08

79

16 Manipur 04 0 04 03 0 03 01 0 01 01 --

17 Meghalaya* 03 0 03 03 0 03 0 0 0 -- --

18 Orissa * 20 07 27 16 03 19 04 04 08 -- --

19 Patna 29 14 43 27 05 32 02 09 11 08 --

20 Punjab& Haryana *

64 21 85 45 10 55 19 11 30 -- --

21 Rajasthan * 38 12 50 27 03 30 11 09 20 20 --

22 Sikkim * 03 0 03 02 0 02 01 0 01 01 --

23 Tripura 04 0 04 04 0 04 0 0 0 -- --

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

Total 674 310 984 470 167 637 204 143 347 122 43

*Operationalization of 3 new High Courts was notified on 23rd March 2013.

6.54. With regard to vacancies in the Supreme Court and High Courts, the

Secretary, Department of Justice in the meeting on the Demands for Grants (2015-

16) made oral submission as under:-

“…..At the moment, in the Supreme Court against 31 posts,

there are 3 vacancies. In 24 High Courts against 998 posts, we

have 364 vacancies. In the subordinate courts, we have 20,214

posts and there were 4,580 vacancies on 31st December, 2014....

The number of posts in the High Courts and the subordinate

courts have increased recently over the last two to three years

as a result of the court judgements and the decisions taken in the

CMJM Conference which is why the vacancies are looking

slightly larger than they were earlier. In the last two years, a lot

of posts have been created”.

6.55. The Committee is concerned with the large number of vacancies in

various Courts. The Committee feels that the Ministry should develop a

mechanism under which vacancies are calculated in advance and the process

to fill them up is initiated well before the occurrence of the vacancy. The

Committee hopes that National Judicial Appointment Commission will take

necessary measures to bring the gap between occurrence of a vacancy and its

filling to less than a month.

80

PENDENCY OF CASES

6.56. The high rate of pending cases in Higher and Subordinate Courts in various

courts of the country is a serious matter. The Department in its written replies to

the questionnaire informed more that 41lakhs cases are pending in various High

Courts of the country. The Secretary, Department of Justice apprised that the

enactment of Negotiable Instrument Bill, the Motor Vehicle Bill, the Arbitration

and Conciliation Bill and the Commercial Courts Bill will help to reduce pendency

of cases to a considerable extent. High Court wise details of pendency for the last

three years are given below:-

Sr. No.

Name of High Court 2012 2013 2014** Pendency Pendency Pendency

1 Allahabad 1008679 1043398 1014146

2 Andhra Pradesh 210101 232459 249701 3 Bombay 341969 349837 364576 4 Calcutta 362131 280006 286306 5 Delhi 62352 64652 66989 6 Gujarat 76009 91953 95302

7 Gauhati 52873 40912 43048 8 Himachal Pradesh 55597 60073 39616

9 Jammu &Kashmir 82306 93038 102156

10 Karnataka 183852 196972 214120

11 Kerala 124061 132159 145906

12 Madras 500374 557479 263569 13 Madhya Pradesh 248157 261611 258716

14 Orissa 332910 206822 202082 15 Patna 119191 132155 140990

16 Punjab & Haryana 251120 262760 279699 17 Rajasthan 292551 307640 228353 18 Sikkim 63 120 108

19 Uttarakhand 20187 20686 23105 20 Chhattisgarh 47751 44139 45077

21 Jharkhand 61957 72958 80815

22 Tripura* - 5834 4465 23 Manipur* - 3853 4374

24 Meghalaya* - 1189 738 Total 4434191 4462705 4153957

81

6.57. With regard to pendency of cases in the Supreme Court, High Courts and

Subordinate Courts, the Secretary, Department of Justice in the meeting on the

Demands for Grants (2015-16) made oral submission as under:-

“...the Supreme Court has a pendency of 61,000 cases. The

High Court has a pendency of 41 lakh cases and the

subordinate courts have a pendency of 2.64 crore cases”.

6.58. The Committee is concerned with the large pendency of cases in both

higher judiciary and also in subordinate judiciary. The Committee feels that

there exists a close nexus between the existing vacancies in Higher Judiciary

and subordinate courts and the level of modernization of the court

infrastructure and pendency of cases. The Committee feels that unless, the

vacancies of judges are filled-up and infrastructure at courts is upgraded and

modernized, it would be difficult to bring down the pendency of cases and

therefore desires that Ministry should address these issues seriously.

CHARTERED HIGH COURTS AND USE OF REGIONAL LANGUAGE AS THE LANGUAGE OF THE HIGH COURT

6.59. Article 348 of the Constitution deals with the Language to be used in the

Supreme Court and in the High Courts and for Acts, Bills, etc. Clause (1) (a) of the

Article says that, notwithstanding anything in the foregoing provisions of this Part,

until Parliament by law otherwise provides, all proceedings in the Supreme Court

and in every High Court should be in English. However, it further says that,

Notwithstanding anything in sub clause (a) of clause (1), the Governor of a State

may, with the previous consent of the President, authorise the use of the Hindi

language, or any other language used for any official purposes of the State, in

proceedings in the High Court having its principal seat in that State: Provided that

nothing in this clause shall apply to any judgment, decree or order passed or made

by such High Court.

82

6.60. The Committee is given to understand that demands from the State of

Rajasthan, Tamil Nadu and Gujarat for use of regional languages as the language

of High Court is pending with Union Government and Supreme Court of India.

Regional languages are in use for quite a long time now in the subordinate Courts

of those states. A Committee under the then Chief Justice of High Court of

Madras, Justice Sathasivam has recommended for use of Tamil language in the

High Court of Madras provided that simultaneous interpretation of Tamil language

into English for non-Tamil speaking judges is made available in that Court.

6.61. Article 348 provides for the use of Scheduled languages, other than

English, with the consent of the Governor of the State. The diversity of

languages spoken and enumerated in the Constitution of India clearly brings

out the importance of different languages of the country. The Committee,

accordingly, feels that, scheduled languages other than English may be

permitted to be used in the High Courts, provided it is demanded by the

concerned State Government. The Committee is further of the view that the

consultation process with judiciary is not required as the Constitutional

provisions are amply clear on the use of Scheduled Languages in the High

Courts and accordingly, the use of Scheduled Languages should be decided as

per mandate of Article 348.

6.62. As regards the Bombay, Madras & Calcutta High Courts, the

Committee is of the view that the names of these High Courts may be

respectively changed to the new names, viz. Mumbai, Chennai and Kolkata, to

bring them in consonance with the new name of the States as also changes

made in the names of other institutions like Police, Municipalities and

Subordinate Courts in the concerned States.

DEMAND NO. 65: SUPREME COURT OF INDIA

7.0. Demand No. 65 pertains to the Supreme Court of India. The allocation for

the Supreme Court of India is

Supreme Court of India for the year 2015

in Revised Estimates for the year 2014

expenses and Professional Service for BE (2015

for the year 2015-16 as against the BE and RE and Actuals of 2013

15 are given below:-

Head

Salaries

Overtime Allowance

Medical Treatment

Domestic Travel Expenses

Foreign Travel Expenses

Office Expenses

Publications

Professional Services

Deptt. Canteen

Total

7.1. The Registrar-General, Supreme Court while deposing before the Committee

on the Demands for Grants (2015

constraints faced by the Supreme Court that a need

83

CHAPTER – VII


Demand No. 65 pertains to the Supreme Court of India. The allocation for

the Supreme Court of India is ‘Charged’. The total Budget Estimates of the

Supreme Court of India for the year 2015-16 is 155 crore as against

in Revised Estimates for the year 2014-15. The major heads are the salary, office

expenses and Professional Service for BE (2015-16). Details of the BE Projections

16 as against the BE and RE and Actuals of 2013

Àctuals

2013-14

B.E. 2014-15

R.E. 2014-15

1031033 1104200 1220000

708 900 900

48708 30000 50000

Domestic Travel Expenses 4746 5000 6000

6419 15000 15000

192796 130500 147100

1622 1500 1500

46703 50000 52500

6170 6500 7000

1338905 1343600 1500000

General, Supreme Court while deposing before the Committee

on the Demands for Grants (2015-16) informed the Committee of the financial

constraints faced by the Supreme Court that a need-based demand for


Demand No. 65 pertains to the Supreme Court of India. The allocation for

. The total Budget Estimates of the

155 crore as against 150 crore

15. The major heads are the salary, office

ils of the BE Projections

16 as against the BE and RE and Actuals of 2013-14 and 2014-

( in thousand)

B.E. 2015-16

1300000

300

50000

6000

15000

114700

2000

55000

7000

1550000

General, Supreme Court while deposing before the Committee

16) informed the Committee of the financial

based demand for 188.29

crore for the financial year 20

considered. He further stated that only

7.2. In its written replies to the clarifications during the Demands for Grants

(2015-16), Registrar justified projection

“…an amount of

"Office Expenses" for the year 2015

17.80 crores incurred in the financial year 2014

such as scanning and digitization of old case records, installation of CCTVs

and pending purchase of new cars against the condemned ones are to be

completed and it will not be possible to cope up with this financial

allocations under the Head "Office Expenses". As already

the Parliamentary Committee for consideration of demands for the year

2015-16 on 24th March,2015, allocation of amount of

total demand for

Supreme Court for

the arithmetic calculations of the expenditure incurred during 2014

also on the basis of the other estimated expenditure including non

head there is a requirement of more budgetary allocat

demanded request. Hence, it is requested that budget of

including 10 crores more in the non

Supreme Court for the financial year 2015

7.3. The Committee takes note of the justification furnished by the Supreme

Court for their projected demands of

budgetary allocations of the Supreme Court of India may be enhanced in RE

(2015-16) so as to meet its requir

7.4 The Committee further recommends to make the court fees neutral by

ad valorem system as available for all civil and commercial courts in the

States. The Court Fees Act provides for raising the revenue for the services

tendered in dispute resolutions. It is of the view that big corporate houses are

getting remedy by paying negligible court fees fixed in Supreme Court

whereas the major portion of Court time and resources have been utilised for

84

crore for the financial year 2015-16 was made. However, only

considered. He further stated that only 150 crore was projected in RE (2014

In its written replies to the clarifications during the Demands for Grants

16), Registrar justified projections of Demands and submitted that:

“…an amount of 11.47 crores has been allocated under the Head

"Office Expenses" for the year 2015-16 as compared to expenditure of

17.80 crores incurred in the financial year 2014-15. Many programmes

and digitization of old case records, installation of CCTVs



allocations under the Head "Office Expenses". As already


March,2015, allocation of amount of 155 crores out of the

188.29 crores for the financial year 2015

Supreme Court for having financial administration was only made. But on

the arithmetic calculations of the expenditure incurred during 2014

also on the basis of the other estimated expenditure including non

head there is a requirement of more budgetary allocation as per our earlier

demanded request. Hence, it is requested that budget of

10 crores more in the non-salary head may be allocated to

Supreme Court for the financial year 2015-16”.


Court for their projected demands of 188.29 crore and recommends that


16) so as to meet its requirements of funds.

The Committee further recommends to make the court fees neutral by

available for all civil and commercial courts in the


ute resolutions. It is of the view that big corporate houses are



155 crore has been

150 crore was projected in RE (2014-15).

In its written replies to the clarifications during the Demands for Grants

s of Demands and submitted that:-

11.47 crores has been allocated under the Head

16 as compared to expenditure of

15. Many programmes

and digitization of old case records, installation of CCTVs



allocations under the Head "Office Expenses". As already submitted before


155 crores out of the

188.29 crores for the financial year 2015-16 for enabling

having financial administration was only made. But on

the arithmetic calculations of the expenditure incurred during 2014-15 and

also on the basis of the other estimated expenditure including non-salary

ion as per our earlier

demanded request. Hence, it is requested that budget of 188.29 crores

salary head may be allocated to


188.29 crore and recommends that





ute resolutions. It is of the view that big corporate houses are



85

that purpose. The Committee also notes that these corporate houses could

afford to spend huge amount of money for engaging Senior Counsels to get

justice but paying negligible amount to the state. The Committee is of the

opinion that the revenue thus generated by increasing court fee can be utilised

by the Supreme Court for improving the basic amenities for Judges and

infrastructure. The surplus funds, if any, can also be utilised for improving

the facilities of the subordinate judiciary keeping in view that it is the

sovereign duty of the Government to provide free criminal justice.

86

RECOMMENDATIONS/OBSERVATIONS - AT A GLANCE

CHAPTER - III


1. The Committee appreciates the SVEEP programme undertaken by the



sections, so as to bring more and more voters to participate in electoral

process. Accordingly, the Committee recommends for a review of the

budgetary allocation made for the purpose at the RE stage so that programme

does not suffer because of lack of funds. (3.6)



2. The Committee appreciates the activities of IIIDEM in promoting


which helps promote India’s soft power in countries of Asia and Africa. The


stage, so that a permanent campus/building for the Institute may get

constructed quickly for effective performance of its activities. (3.9)

VOTER VERIFIABLE PAPER AUDIT TRAIL SYSTEM (VVPAT)

3. The Committee appreciates the initiatives of Commission to introduce

VVPAT and feels that the introduction of VVPAT in elections will go a long

way in resolving the doubts created in the mind of the voters about the

87

authenticity of EVMs and in turn will deepen the participation of people in

the electoral processes. The Committee expresses its concern over ther

inadequate budget allocation made towards procurement of VVPAT &

replacement of EVMs. The Committee, therefore, impresses upon the Law

Ministry to ensure that Election Commission of India’s programme does not

suffer on account of financial constraint. (3.11)

COMMON ELECTORAL ROLL

4. The Committee appreciates the work of Election Commission of India

in creating a Web Portal of 84 crores of registered voters which has been

launched on 25th January, 2015. Such an attempt would reduce multiple

entries of electors at different places and resultant chances of bogus voting.

All the voters have been requested by the Election Commission of India to

delete their multiple entries for the sake of authenticity of the voter list. The

Committee notes that the Election Commission of India has launched this

programme for purification and authentification of voters list on 3rd March,

2015 for the sake of free and fair election. As defective Electoral roll vitiates

the election process and the results, there is need for maintaining accurate and

authentic voters list. The Committee feels that the onus lies equally on

Election Commission of India, State Election Commissions, Political parties as

well as voters. The Committee is of the view that, the State Election

Commissions should in co-ordination with the ECI update the voter database

already available online. It would be proper if the same electoral roll is used

for elections to PRIs and Municipalities. The Committee accordingly

impresses upon the Election Commission of India and the State Election

Commissions to conduct various elections from local bodies to Parliament on

the basis of a common electoral roll. (3.16)

88

CHAPTER - IV

DEMAND NO. 64: DEPARTMENT OF LEGAL AFFAIRS

5. The Committee is of the view that if such a state is allowed to persist, it

will impact the efficiency and efficacy of the Department. Blaming different

agencies is not going to solve the problem. The process of selection needs not

only to be shortened but the bottlenecks have to be removed. The Committee

suggests that all the agencies like concerned Department, UPSC and DoPT sit

together to find out the ways to address the issue. This time can be reduced by

making greater use of IT applications, so that processes can be completed in

shortest possible time frame. The Committee impresses upon the Department

to explore the ways of shortening the time taken in completion of the

recruitment process and make recruitment rules and associated processes

more explicit and clear so that possibility of litigation is reduced. (4.6)

6. The Committee considers that the period of 18 months for filling-up a

post as stated by Secretary is too long. This needs to be substantially reduced.

Further, the process of filling-up vacancies, should be initiated, except in the

cases of vacancies which cannot be anticipated like due to resignation or

death, well in advance so that gap between occurances of a vacancy and its

filling in not more than a month. Efforts may be made to declare the list of

selected candidates at least six months before the date of occurance of the

vacancy. The Committee believes that until such measures are taken the

situation of vacant posts is not going to improve. The Committee, further

recommends that such advance action for filling vacancies should also be

taken in respect of Organisations falling within the administrative control of

the Ministry. (4.7)

89

NATIONAL LITIGATION POLICY

7. The Committee hopes that the initiative of National Litigation Policy

of the Government will help in saving time, money and energy of the

various Departments and reduce the burden on Courts. The Committee

feels that posting of ILS officers in the various Ministries/Department

itself, would be productive provided an accountability mechanism is built

in to the scheme so that ILS officers posted in the Ministry is made

responsible for legal viability of decisions taken by that Ministry. (4.11)

APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE (ATFE)

8. The Committee notes with concern that the number of appeals filed in

2014 is higher than the number of appeals disposed off, an indication that

pendency is increasing. Apparently existing vacancies in the tribunal are

hampering the functioning of the tribunal. The Department needs to take

proactive steps to ensure that vacancies are filled in urgently. The fact that the

tribunal has been set up with the view to ease the burden of Courts by

adjudicating cases relating to matters dealt by the Foreign Exchange

Management Act, 1999, makes it imperative that the tribunal should not

become handicapped either on account of the manpower or infrastructure.

The Committee is constrained to observe that an Organisation like ATFE does

not have a proper office space and requisite manpower. Moreover, it does not

have its portal. The Committee expresses its displeasure as the existing state of

affairs in ATFE and recommends that the Ministry should take necessary

steps urgently to improve the situation. (4.15)

LAW COMMISSION OF INDIA

9. The Committee takes note of the submissions of the Department of

90

Legal Affairs. The Committee feels that since the Law Commission of India is

being regularly re-constituted since 1959 and its reports are considered

seriously both inside and outside of the Government its relevance would never

be relegated to background, the Government may explore the possibility of

making it a permanent body. The Committee, however, expresses its concern

at the slow pace at which decisions are being taken by the Government on

reports of Law Commission and recommends that the Government should

take decision on the recommendations of the Law Commission in a time

bound manner preferably within a year of submission of the Report. (4.17)

INCOME TAX APPELLATE TRIBUNAL (ITAT)

10. The Committee expresses its serious concern over the declining rate of

disposal of cases after year 2009-2010. Non filling-up of the vacancies in the

various Benches of the ITAT has direct bearing upon its disposal rate. The

Committee expresses its displeasure at such a state of affairs in ITAT whereby


would make concerted efforts in filling up the vacancies in a time bound

manner and take all other measures necessary for increasing disposal rate in

ITAT. (4.22)


11. The Committee recommends that the Department of Legal Affairs in

consultation with the Department of Justice may decide the extent and scope

for providing legal aid services, etc. by BCI and NALSA so as to avoid overlap

between these organisations with regard to providing legal aid services to poor

and others. The two Departments may also decide the respective roles to be

played by these bodies in this regard. The Committee also recommends that a

91

viable stream of revenues may be worked out for BCI so that it may

effectively perform its functions without depending on Government support

for a long time. (4.26)

INSTITUTE OF CONSTITUTIONAL AND PARLIAMENTARY STUDIES

12. The Committee takes note that the problems being faced by the Institute

of Constitutional and Parliamentary Studies (ICPS) are inadequately

attended to. The Governing body of the institute appears to be non-functional.

It has a plot of land suitable to its needs in Malcha Marg, Chanakyapuri, New

Delhi and a budgetary allocation of �� 10 crores was sanctioned in the

financial year 2011-12, but not released to the ICPS. This Committee takes a

serious view of the non-utilisation of the land allotted to the ICPS on account

of the lethargy of concerned authorities. The Committee desires that the

Ministry may allot funds within six months for construction of ICPS building

and apprise the Committee of the progress made in this regard. The

Committee also directs that the vacant position of Director of the Institute

may be filled-up without any further delay. The Committee further suggests


participants who attend different courses run by ICPS by making it a centre

of excellence in Constitutional and Parliamentary studies for SAARC, Afro-

Asia Pacific countries, etc. The Committee recommends that the Government

should make all out efforts to have the Institute declared as Institute of

National Importance on Constitutional and Parliamentary Studies by an Act

of Parliament with a view to overcome the present stalemate on account of it

being kept under the Societies Registration Act with multiple deficiencies and

handicaps. (4.28)

92


13. The Committee is constrained to note that the ILI has been dependent

on the Government Grants-in-aid year after year inspite of it being one of the

oldest legal Institutes of the country. As it is now almost six decades since the

formation of the Institute and over a decade of it being granted Deemed

University status, the Committee feels it a high time for the Institute to

compete with the other institutions and become financially self sustaining like

other Institutes in private sector. The institute is managed by the Supreme

Court sitting Judges and located ideally opposite to the Supreme Court

premises which gives it an inherent edge over other institutes. The Committee

recommends that the institute should endeavor to upgrade its courses and

other services to make them internationally relevant and competitive in order

to attract students and clients from whom Institute could earn sufficient

revenue to meet its expenses. (4.33)

14. The Committee observes that big corporate bodies pay high fees to

institutes abroad for the legal trainings and apprenticeships of their

personnel. The Institute should endeavour to attract such participants to earn

revenue for its activities. The Committee is of the belief that such a move will

strengthen the Institute financially and make it self-sufficient. The Committee,

however, recommends for enhancement of the grants in aid to the Institute for

two or more years to meet its current expenditure particularly in relation to

the filling up the faculty positions. Committee also suggests that the Institute

should revise its curriculum with a view to help the needy students and

simultaneously formulate the courses to attract the multi-national companies

by providing them the courses in the International Business Law etc. This

would certainly enhance the stature of Indian Law Institute at par with

93

International Law schools. The Committee feels that in future, the

expenditure of the Institute is not passed on to the tax payer but at the same

time services of the Institute are available to people who actually need it.

Accordingly, the Committee suggests that separate courses to cater to the

needs of different groups of students should be worked out so that they are

capable of facing the global market as far as acquisition of legal education is

concerned. These suggestions, the Committee believes may put will put the

activities of the Institute on fast track in multi-disciplinary mode. (4.34)

INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE

RESOLUTION (ICADR)

15. The Committee is happy to note that ICADR has got its permanent

building with world class infrastructure and facilities. The Committee hopes

ICADR will strengthen itself to attract more and more international

arbitrations so as to make India, like Singapore, a hub of International

arbitration and conciliation,. This, in turn, will generate adequate revenue for

its activities and help train manpower in the country for the purpose. (4.38)

16. The Committee was informed that the ICADR leases out portions of

their building to other Government Departments. The Committee

understands that building of ICADR constructed from grants provided by the

Government was intended to be used by ICADR for its activities and not for

rent seeking. The Committee is of the view that ICADR instead of leasing its

office space to earn revenue for itself should endeavour to develop and equip

itself and strengthen its facilities to carry out and spread its activities so that it

generates revenue from its activities and not from its building. (4.39)

94

17. The Committee was also apprised that the construction of phase-II of

ICADR building has not yet been completed. The Committee directs both

ICADR and CPWD, the constructing agency to complete phase-II of this

building at the earliest. (4.40)

NOTARIES APPOINTMENT

18. The Committee notes that Department has been regularly appointing

and renewing the certificates of Notaries in different States and Union

Territories. Committee, however, fails to understand why no Notaries have

been appointed in North-Eastern States during the last three years except for

Tripura in 2013-14. The Notaries are an important link in the judicial system

providing cost effective services/assistance to public. The Committee,

accordingly, desires that the Ministry may furnish details of the same during

the Action Taken Replies. The Committee also recommends that Government

should consider reducing number of years of legal practice for SCs, STs,

OBCs women and Others from existing 7 and 10 years respectively so that

young lawyers could get a chance to become Notaries. (4.43)

CHAPTER - V

VIDHI SAHITYA PRAKASHAN (VSP)

19. The Committee while noting the activities of the Official Language

Wing and Vidhi Sahitya Prakashan expresses its displeasure over under

utilisation of funds year after year by it. Unutilised funds are waste of

resources and accordingly, recommends that Department should realistically

project its requirements of funds and should devise mechanism to fully utilise

allocations made to it. (5.8)

95

INSTITUTE OF LEGISLATURE DRAFTING AND RESEARCH

20. The Committee notes that the ILDR is the only institute in the country

giving training in legislative drafting and further notes of the shortage of

drafting personnel at various levels of the Legislative Department. Therefore,

the need to strengthen the institute in terms of personnel and infrastructure

and render it as a premier institute imparting training in legislative drafting is

imperative. The Committee suggests that the Department in addition to

retired officers may also explore the idea of inviting professionals like lawyers

and academicians as guest faculty for its Institute. The Committee also

recommends that a review of existing strength of legislative draftsmen at

various levels vis-à-vis workload be carried out and steps be urgently taken to

create additional posts at various levels as suggested by such review to

strengthen the Legislative Department. (5.11)

VOTING RIGHT TO NON- RESIDENT CITIZENS OF INDIA

21. The Committee notes the initiatives taken by the Department in

facilitating exercise of the voting right of Non-resident citizens of India and

enabling them to exercise their franchise without having to be physically

present in the polling booth. The Committee feels that Election Commission of

India should proactively work with the Ministry of External Affairs and

Ministry of Overseas Indian Affairs to ensure that maximum numbers of

Non-Resident Indians register and participate in electoral process of the

Country. (5.15)

96

CHAPTER - VI

B. NATIONAL MISSION FOR JUSTICE DELIVERY & LEGAL REFORMS (SECRETARIAT EXPENDITURE)

22. The Committee appreciates the importance of the role of the National

Mission for Justice Delivery & Legal Reforms in tackling the flaws of the

justice delivery system. A project with far reaching objectives such as this

requires a firm and reliable financial support. The Committee, therefore

desires that the Ministry may ensure that there are no financial constraints in

implementing this important programme. (6.6)

B. FAMILY COURTS

23. The Committee is happy to note that the Department propose to set up

atleast one family court in every district or the country. The Committee would

like the Department to achieve its objective in a time bound manner

preferably in next two years and constraints, if any, in achieving it may be

brought to the notice of the Committee. (6.9)

C. NATIONAL JUDICIAL ACADEMY

24. The Committee notes the submission made by Director, NJA and hopes

that the Ministry would ensure allocation of adequate funds for the

construction of residential quarters for faculty and staffs of the NJA in the

current financial year. (6.12)

D. NATIONAL LEGAL SERVICES AUTHORITY (NALSA)

25. The Committee notes the progressive increase in allocations to NALSA

from Financial Year 2013-14 onwards and an allocation of 145 crore in BE

(2015-16) which is the same as projected demand. The Committee notes the

97

role of NALSA in legal awareness, legal aid and legal education in the country

to cater to the needs of various sections of the society, especially poor and

marginalised. It also exposes judicial officers to ground realities while

implementing the NALSA schemes which in turn impacts justice delivery. The

Committee hopes that NALSA will further tone up its programmes so that

benefits reach targeted persons effectively and in time. (6.20)

NATIONAL JUDICIAL APPOINTMENTS COMMISSION (NJAC)

26. The Committee hopes that NJAC when constituted, will work for

prompt filling of vacancies in higher judiciary, reduction in pendency of cases,

transparency in appointment of judges, transfer and improve the functioning

of the judicial system in the country. This in turn would enhance trust of

public in the judiciary. The Committee further directs Ministry to ensure that

sufficient funds are made available to NJAC so that it starts working at the

earliest. (6.23)

CENTRALLY SPONSORED SCHEME RELATING TO INFRASTRUCTURAL FACILITIES FOR THE JUDICIARY

27. The Committee notes that for the year 2015-16, an allocation Rs.562.99

crore has been made towards CSS for development of subordinate courts

against the allocation of 1095 crore for the year 2014-15. The Committee

also notes from the written reply to the questionnaire by the Department that

allocation for this year has been made keeping in view the revision of funding

pattern of central assistance under CSS from 75:25 to 50:50 in view of the

higher devolution to states. The Committee feels that the scheme has to a

great extent helped in the development of infrastructure in subordinate

courts. The Committee hopes that in the proposed revised pattern, the states

would continue to have adequate financial resources to implement the scheme.

98

The uneven allocation to different states over the last few financial years is a

matter of concern and Committee would like Department to look into the

causes of wide fluctuation in funds sanctioned to States in different years with

a view to make consistent allocations to the States. (6.28)

28. The Committee is of the view that upgraded and modern judicial

infrastructure will add to productivity of the judiciary and help in quicker

delivery of justice and reduction of arrears. The Committee hopes the States

would take full benefit of the scheme to upgrade and modernise the

infrastructure in the subordinate courts of the State. (6.29)

NATIONAL MISSION FOR JUSTICE DELIVERY AND LEGAL REFORMS (NMJDLR)

29. The Committee appreciates the initiative of National Mission for Justice

Delivery and Legal Reforms. The Committee however notes that only a token

amount of 1 lakh has been made for it in BE (2015-16) which implies that

Ministry is still in the process of finalizing details of the Mission. The

Committee finds it rather shocking that a Mission started in 2011 with a time

frame of five years has still not taken off. The Committee desires the Ministry

to ensure that the Mission is taken seriously and implemented in a time bound

manner and objectives of the Mission are achieved. (6.33)

(ii) e-COURTS MISSION MODE PROJECT PHASE-II

30. The Committee is concerned to note the uneven expenditure patterns,

which reveals non-utilisation of funds by the Department since 2013-14. The

allocation/utilisation of funds has progressively gone down since 2013-14 to

2014-15 in e-courts mission mode project. The Committee, however,

appreciates the progress made with over 95% completion of all activities of

99

Phase I of e-Courts Mission. The Committee also takes note of the new

initiative e-Court Mission mode project-II and hopes that the new project will

overcome the lacunae/bottlenecks of the phase-I. However, similar to the

phase-I of the project, Committee notes progressive reduction in allocation

from BE (2014-15) to RE (2014-15). The Committee hopes that Department

will take quicker decision in future to prevent non-utilisation of allocation

made to it. The Committee also hopes that the Department would take all

necessary steps to implement these important initiatives in a time bound

manner. (6.40)

NATIONAL JUDICIAL GRID

31. The Committee is happy to note that the Ministry is developing

National Judicial Grid in the country so as to make details of cases and

judgments readily available on real-time basis to any person anywhere.

Committee feels that NJG will help in avoiding duplication of work and

saving time and money of the court and litigants. The Committee recommends

that the High Courts of Gujarat, Delhi and Madhya Pradesh be included in

the Grid at the earliest. (6.42)

GRAM NYAYALAYAS

32. The Committee expresses its concern at the slow pace of establishment

of Gram Nyalayas in different States. It desires that the Department should

review the entire issue in the light of experience gained and expeditiously

devise ways so that justice could be delivered to people at their door steps

which is the basic purpose of Gram Nayalayas Act, 2008. It may also focus on

setting up of Gram Nayalayas in Talukas where regular Courts have not been

100

set up as decided in the Conference of Chief Justices of High Courts and Chief

Ministers of the States. (6.48)

THIRTEENTH AND FOURTEENTH FINANCE COMMISSION (TFC)

33. The Committee takes note that the Fourteenth Finance Commission

targeted pendency reduction through fast tract courts, family courts, Lok

Adalats etc. and for which substantial allocation has been recommended. The

Committee hopes that the Ministry will utilize the funds earmarked under

various heads during the stipulated period fixed by the Commission. It

further hopes that the Department would effectively monitor the

implementation of the schemes and not be just a mere funding agency. (6.52)

VACANCIES IN SUPREME COURT AND HIGH COURTS

34. The Committee is concerned with the large number of vacancies in

various Courts. The Committee feels that the Ministry should develop a

mechanism under which vacancies are calculated in advance and the process

to fill them up is initiated well before the occurrence of the vacancy. The

Committee hopes that National Judicial Appointment Commission will take

necessary measures to bring the gap between occurrence of a vacancy and its

filling to less than a month. (6.55)

PENDENCY OF CASES

35. The Committee is concerned with the large pendency of cases in both

higher judiciary and also in subordinate judiciary. The Committee feels that

there exists a close nexus between the existing vacancies in Higher Judiciary

and subordinate courts and the level of modernization of the court

infrastructure and pendency of cases. The Committee feels that unless, the

101

vacancies of judges are filled-up and infrastructure at courts is upgraded and

modernized, it would be difficult to bring down the pendency of cases and

therefore desires that Ministry should address these issues seriously. (6.58)

CHARTERED HIGH COURTS AND USE OF REGIONAL LANGUAGE AS THE LANGUAGE OF THE HIGH COURT

36. Article 348 provides for the use of Scheduled languages, other than

English, with the consent of the Governor of the State. The diversity of

languages spoken and enumerated in the Constitution of India clearly brings

out the importance of different languages of the country. The Committee,

accordingly, feels that, scheduled languages other than English may be

permitted to be used in the High Courts, provided it is demanded by the

concerned State Government. The Committee is further of the view that the

consultation process with judiciary is not required as the Constitutional

provisions are amply clear on the use of Scheduled Languages in the High

Courts and accordingly, the use of Scheduled Languages should be decided by

the State Government and Union Government with the support of High Court

of the concerned State. (6.61)

37. As regards the Bombay, Madras & Calcutta High Courts, the

Committee is of the view that the names of these High Courts may be

respectively changed to the new names, viz. Mumbai, Chennai and Kolkata, to

bring them in consonance with the new name of the States as also changes

made in the names of other institutions like Police, Municipalities and

Subordinate Courts in the concerned States. (6.62)

DEMAND NO

38. The Committee takes note of the justification furnished by the Supreme

Court for their projected demands of


(2015-16) so as to meet its requirements of funds.

39. The Committee further recommends to make the court fees neutral by

ad valorem system as available for all civil and commercial courts in the



getting remedy by paying negligible court f




justice but paying negligible amount



infrastructure. The surplus funds, if



102

CHAPTER – VII


. The Committee takes note of the justification furnished by the Supreme

Court for their projected demands of 188.29 crore and recommends that


16) so as to meet its requirements of funds.









negligible amount to the state. The Committee is of the



infrastructure. The surplus funds, if any, can also be utilised for improving



- - - - -

. 65: SUPREME COURT OF INDIA

. The Committee takes note of the justification furnished by the Supreme

188.29 crore and recommends that


(7.3)





ees fixed in Supreme Court




to the state. The Committee is of the



any, can also be utilised for improving


sovereign duty of the Government to provide free criminal justice. (7.4)

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