index [doj.gov.in]index s. no. question no. question type date subject division 1. question no. 409...

INDEX

S. No. Question No. Question Type

Date Subject Division

1. Question No. 409 Unstarred 26.02.2016 Vacancies in Judicial Posts Justice-I

2. Question No. 410

Unstarred 26.02.2016 Funds for Legal Aid Schemes LAP

3. Question No. 411 Unstarred 26.02.2016 Irregularities in Judicial Services Examination

Justice-I

4. Question No.412 Unstarred 26.02.2016 Fast Track Courts Justice-II

5. Question No.414 Unstarred 26.02.2016 Action Plan to clear pendency of court cases

National Mission

6. Question No.415 Unstarred 26.02.2016 Promoting the use of Hindi in court proceedings

Justice-I

7. Question No.416 Unstarred 26.02.2016 Pending cases vis-a-vis vacant posts of judges

National Mission

8. Question No.417 Unstarred 26.02.2016 Disposal of pending court cases National Mission

9. Question No. 1068 Unstarred 04.03.2016 Annual Report of High Courts National Mission

10. Question No. 1069 Unstarred 04.03.2016 Vacancies of Judges and pending cases in High Courts

Desk Side

11. Question No. 1070 Unstarred 04.03.2016 Slow pace of Fast Track Courts Justice-II

12. Question No. 1072 Unstarred 04.03.2016 Effect of shortage of judges on pendency of cases

Desk Side

13. Question No. 1073 Unstarred 04.03.2016 Measures to restore confidence in law

National Mission

14. Question No. 1074 Unstarred 04.03.2016 Creation of National Level Judicial Services

National Mission

15. Question No. 1075 Unstarred 04.03.2016 Judicial vacancies and pending cases

Justice-I

16. Question No. 1076 Unstarred 04.03.2016 Accumulation of vacancies in the Supreme Court and High Courts

Desk Side

17. Question No. 1077 Unstarred 04.03.2016 Implication of Judges’ vacancies on pendency of cases

Desk Side

18. Question No. 1078 Unstarred 04.03.2016 Wi-Fi facility in Courts Justice-II (eCourts)

19. Question No. 1079 Unstarred 04.03.2016 Vacant posts of Judges Desk Side

20. Question No. 1696 Unstarred 11.03.2016 Appointing quality lawyers under Legal Aid Scheme

LAP

21. Question No. 1697 Unstarred 11.03.2016 Pending civil and criminal cases in High Courts

National Mission

22. Question No. 1702 Unstarred 11.03.2016 Special Courts to deal with cases pertaining to atrocities on SCs/STs

Justice-II

23. Question No. 1704 Unstarred 11.03.2016 Assistance for opening of new courts

National Mission

24. Question No. 75 Starred 29.04.2016 Renaming of Bombay High Court as Mumbai High Court

Desk Side

25. Question No. 741 Unstarred 29.04.2016 Legal Aid Clinics

LAP

26. Question No. 744 Unstarred 29.04.2016 Appointment of High Court Judges in Home States

Desk Side

27. Question No. 745 Unstarred 29.04.2016 Fast Track Courts

Justice-II

28. Question No. 747 Unstarred 29.04.2016 Speeding up of delivery of justice

National Mission

29. Question No. 748 Unstarred 29.04.2016 Vacancies of Judges and pending Cases in High Courts

Desk Side

30. Question No. 749 Unstarred 29.04.2016 Lok Adalats for disposal of pending Government cases

LAP

31. Question No. 750 Unstarred 29.04.2016 Pending court cases and their disposal

National Mission

32. Question No. 751 Unstarred 29.04.2016 Shortage of Judges in HCs

Desk Side

33. Question No. 753 Unstarred 29.04.2016 Special Courts by try rape cases

Justice-II

34. Question No. 754 Unstarred 29.04.2016 Pending cases of Kerala High Court and their disposal

National Mission

35. Question No. 755 Unstarred 29.04.2016 Disposal of pending court cases

National Mission

36. Question No. 136 Starred 06.05.2016 Reservation of SCs/STs/OBCs etc. in judicial service

Justice-I

37. Question No. 1537 Unstarred 06.05.2016 Vacancies of Judges and disposal of pending Court cases

Desk Side

38. Question No. 1538 Unstarred 06.05.2016 Renaming Madras High Court Desk Side

39. Question No. 1539 Unstarred 06.05.2016 Disposal of pending cases of High Court of Kerala

National Mission

40. Question No. 1540 Unstarred 06.05.2016 Filling up of vacant posts of Judges

Desk Side

41. Question No. 1541 Unstarred 06.05.2016 Setting up of Justice-II

Morning/Evening/Special Courts

42. Question No. 1542 Unstarred 06.05.2016 Government’s action plan post quashing of NJAC Act by Supreme Court

Desk Side

43. Question No. 1546 Unstarred 06.05.2016 Vacant posts of Judges and pending Court Cases

National Mission

44. Question No. 1547 Unstarred 06.05.2016 Appointment of new Judges after annulment of NJAC

Desk Side

45. Question No. 1548 Unstarred 06.05.2016 Pending cases in District Courts of Tamil Nadu

National Mission

46. Question No. 1550 Unstarred 06.05.2016 Criteria for selecting cases and Judges of Fast Track Courts

Justice-II

47. Question No. 1552 Unstarred 06.05.2016 Family Courts Justice-II

48. Question No. 1554 Unstarred 06.05.2016 Fast Track Courts Justice-II

49. Question No. 1555 Unstarred 06.05.2016 Steps to fill up vacant posts of Judges and clear pending cases

National Mission

50. Question No. 211 Starred 13.05.2016 Shortage of Judges National Mission

51. Question No. 222 Starred 13.05.2016 Performance audit of Legal Aid Clinics

LAP

52. Question No. 2346 Unstarred 13.05.2016 Supreme Court Bench at Hyderabad

Desk Side

53. Question No. 2350 Unstarred 13.05.2016 Establishment of National Courts of Appeal

Desk Side

54. Question No. 2351 Unstarred 13.05.2016 Vacant posts of Judges

Desk Side

55. Question No. 2352 Unstarred 13.05.2016 Lok Adalats LAP

56. Question No. 2353 Unstarred 13.05.2016 Requirement of additional judges to dispose of pending cases

National Mission

57. Question No. 2355 Unstarred 13.05.2016 Free Legal assistance and early disposal of pending cases

LAP

58. Question No. 2356 Unstarred 13.05.2016 Shortage of Judges Desk Side

59. Question No. 2357 Unstarred 13.05.2016 Pending cases in District Courts National Mission

60. Question No. 2359 Unstarred 13.05.2016 Legal Aid Clinics LAP

61. Question No. 2360 Unstarred 13.05.2016 Action on CJI’s view regarding shortage of judges

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

DEPARTMENT OF JUSTICE

RAJYASABHA

UNSTARRED QUESTION N0.409

TO BE ANSWERED ON FRIDAY, THE 2611' FEBRUARY, 2016

Vacancies in judicial posts

409. SHRI MOHD. ALI KHAN:

Will the Minister of LAW AND JUSTICEbe pleased to state:

(a) the vacancies in judicial posts, as on date;

(b) the steps being taken to fill up all the vacant posts in a time-frame particularly those of Scheduled Castes and Scheduled Tribes; and

(c) the other steps being taken to dispose of the pending cases expeditiously?

ANSWER

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

(a) to (c) : As per information available, there exist 464 vacancies against

a sanctioned strength of 1056 in the higher judiciary as on 19.02.2016

and 4998 vacancies against a sanctioned strength of 20358 in the

subordinate judiciary as on 30.06.2015.

Appointments of Judges of the Supreme Court and the High Courts

are made underArticles 124, 217 and 224 of the Constitution.which do not

provide for reservation for any caste or class of persons. The Government

has, however, been requesting the Chief Justices of the High Courts from

time to time that while sending proposals for appointment of judges,

suitable candidates belonging to the Scheduled Castes, the Scheduled

Tribes, Other Backward Classes, Minorities and Women be taken into

consideration.

. .... 21-

2

Recruitment, appointment, promotion etc. of judicial officers in

the district and subordinate courts in the country falls within the purview of

the State Governments. As per information received from State

Governments and High Courts, most of the States have provisions for

reservation of posts in State Judicial Services for eligible candidates

belonging to SC/ST category. The recruitment against all vacancies in the

District/Subordinate Courts is monitored by the Hon'ble Supreme Court in

C.A. No. 1867 of 2006 (Arising out of SLP(C) No.22523 of 2005) - in the

matter of Malik Mazhar Sultan &Anr. Vs U.P. Public Service Commission

&Ors.

Disposal of cases pending in the Courts is within the domain

of judiciary. Government has set up a National Mission for Justice

Delivery and Legal Reforms with the twin objectives of increasing access

by reducing delays and arrears in the system and enhancing

accountability through structural changes and by setting performance

standards and capacities. The Mission has been pursuing a co-ordinated

approach for phased liquidation of arrears and pendency in judicial

administration which, inter-alia, involves better infrastructure for courts

including computerization, increase in manpower strength of judiciary,

suggesting policy and legislative measures in the areas prone to

excessive litigation, recommending re-engineering of court procedure for

quick disposal of cases and emphasis on human resource development.

Chief Justices'Conference, 2015 held on 3rd and 4th April,

2015 resolved that each High Court shall establish Arrears Committee

and prepare an action plan to clear backlog of cases pending for more

than five years.


DEPARTMENT OF JUSTICE ******

RAJYASABHA

UNSTARRED QUESTION NO. 410

TO BE ANSWERED ON FRIDAY, THE 26111 FEBRUARY, 2016

Funds for Legal Aid Schemes

410. SHRI MD. NADIMUL HAQUE:

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

(a) whether it is a fact that National Legal services Authority (NALSA) provides funds to all State Legal Aid Authorities for implementation of the legal aid schemes, if so, the details thereof; and

(b) the details of funds allocated and sanctioned by NALSA to different State Legal Aid Authorities during the last three years, State-wise?

ANSWER


(a) and (b) Yes, Madam. The National Legal Services Authority (NALSA) provides funds to the State Legal Services Authorities during each financial year for implementation of various legal aid schemes/programmes framed under the Legal Services Authorities Act, 1987.

A statement showing State-wise details of funds provided by NALSA to different State Legal Services Authorities, and Supreme Court Legal Services Committee during the last three financial years viz. 2013-14, 2014-15 and 2015-16 is at Annexure-A.

Annexure-A. STATEMENT AS REFERRED TO IN REPLY TO PART (a) & (b) OF THE RAJYA SABHA QUESTION N0.410 FOR 26.02.2016 BY SHRI MD. NADIMUL HAQUE REGARDING FUNDS FOR LEGAL AID SCHEMES.

A statement showing State-wise details of the funds provided by NALSA to different State Legal Services Authorities during the last three financial years i.e. 2013-14, 2014-15 and 2015-16

(Rs. In Lakh) Name of the State Financial Years

S.No. Authority 2013-14 2014-15 2016-16

1 Andhra Pradesh 300 215 300 2 Arunachal Pradesh 122 97 83.89 3 Assam 122 97 200 4 Bihar 300 215 50 5 ChhaltisQarh 222 163 200 6 Goa 147 113 50 7 Guiarat 257 187 250 8 Harvana 277 855.68 50 9 Himachal Pradesh 172 130 800 10 J&K 172 130 200 .. 11 Jharkhand 142 110 200 12 Karnataka 247 180 250 13 Kera la 272 347 150 14 Madhva Pradesh 182 137 100 15 Maharashtra 172 130 200 16 Manipur 172 130 50 17 MeQhalava 122 97 50 18 Mizoram 147 113 75 19 NaQaland 172 130 100 20 Odisha 222 163 200 21 Puniab 172 130 300 22 Rajasthan 182 137 200 23 Sikkim 122 97 75 24 Tamil Nadu 182 137 240 25 TelanQana - 215 150 26 Tripura 122 97 100 27 Uttar Pradesh 152 115 100 28 Uttarakhand 147 113 100 29 West Bengal 147 113 250 30 And. & Nico. Islands 30 35 50 31 U.T. ChandiQarh 122 97 50 32 Dadra & NaQar Haveli 30 35 50 33 Daman & Diu 30 35 50 34 Delhi 172 130 331 35 Lakshadweeo 30 35 50 36 U.T.Puducherrv 97 80 50

37 Supreme Court Legal 200 135 250 Services Committee

Grand Total 5878 5475,68 5954.89



RAJYASABHA


TO BE ANSWERED ON FRIDAY, THE 25th FEBRUARY, 2016

Irregularities in Judicial Services Examination


Will the Minister of LAW AND JUSTICEbe pleased to state:

(a) whether it is a fact that irregularities have been reported in the Judicial Services Examinations held across various States;

(b) if so, the details thereof and the reasons therefor;

(c) the details of such irregularities, State-wise and year-wise; and

(d) the steps taken by the Ministry to check such irregularities in the Judicial Services Examinations?

ANSWER


(a) to (d) : Government had received grievances/complaints from the

general public about irregularities in the Delhi Judicial Services

Examination, 2014. Some instances of irregularities in the Judicial

Services Examination in Odisha and Punjab and Haryana had also been

reported. Since High Courts of the States are the concerned authorities

to look into the matter, these grievances are forwarded to respective High

Court for action, as appropriate. No data in this regard is maintained .

........ 21-

2

Under Article 235 of the Constitution of India, the administrative control

over the members of district and subordinate judiciary in the States vests

with the concerned High Court. Further, in exercise of powers conferred

under proviso to Article 309 read with Articles 233 and 234 of the

Constitution, the respective State Government frames the Rules and

Regulations in consultation with the High Court. Accordingly, the issues of

recruitment, appointment, etc. of judicial officers in the district/subordinate

courts are decided by the respective State Government under the Rules

and Regulations.

, i

-:;-·

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTME;NT OF JUSTICE)

RAJYA SABHA UNSTARRED QUESTION NO. 412

TO BE ANSWERED ON FRIDAY, THE 26rn FEBRUARY, 2016

Fast Track Courts

412. SHR.IMATI JAVA BACHCHAN:


(a) the details of Fast Track Courts functioning in the country;

(b) the details of the number of cases disposed of and the number of

cases pending in these courts, State/Union Territory-wise;

(c) the total funds allocated and spent for setting up of these Courts

during each of the last three years and the current year; and

(d) whether Government proposes to increase the number of Fast

Track Courts in the country and if so, the details thereof?

ANSWER MINISTER OF LAW & JUSTICE

• (SHRI D.V. SADA.NANDA GOWDA)

(a) to (c): Setting up of subordinate courts Including Fast Track

Courts (FTCs), is the responsibility of the State Governments.

However, the Central Government had funded the setting up of Fast

Track Courts in the year 2000 through the 11th Finance Commission · :.

award and the funding continued upto 31.3.2011. A statement

indicating the number of FTCs approved for 11th Finance Commission

funding in the year 2000, functioning as on 31.03.2005, 31.03.2011

and as per the latest available reports is enclosed at Annexure-1. As

per the information available, a statement indicating the number of

cases transferred, disposed of. and pending in FTCs is enclosed at

Annexure-11. A statement indicating the State/UT-wise grant released

by the Government for Fast Track Courts is enclosed as Annexure-111.

Central funding for these FTCs has been discontinued with effect

C) from 1st April, 2011.

· (d): The 14th finance Commission has endorsed the proposal to

strengthen the judicial system in States which includes, inter-alia,

establi$hing 1800 FTCs for a period of five years for cases of heinous

crimes; cases involving senior citizens, women, children, disabled

and litigants affected with HIV AIDS and other terminal ailments;

and civil disputes involving land acquisition and property/rent

disputes pending for more than five years at a cost of Rs.4144 crore.

The 14th Finance Commission has urged State Governments to use

the additional fiscal space provided by the Commission in the tax

devolution to meet such requirements.

,,~ .. 1 ,......_=""""'

Annexure-I

STATEMENT REFERRED TO IN REPLY TO PART (a) of THE RAJYA SABHA UNSTARRED QUESTION

N0.412 TO BE ANSWERED ON 261" FEBRUARY, 2016

STATEMENT REGARDING NUMBER OF FAST TRACK COURTS APPROVED FOR llTH

FINANCE COMMISSION FUNDING IN 2000, FUNCTIONAL AS ON 31.3.2005, 31.3.2011

AND AS ON THE DATE MENTIONED

SI. Name.of the State Approved no. of No. ofFTCs No. ofFTCs No. ofFTCs As on

No. FTCs as in 2000 functional as on functional as functioning

31.03.2005 on 31.3.2011

1 Andhra Pradesh 86 86 108 . 72 April, 14

2 Arnnachal Pradesh 5 3 3 0 March, 14

3 Assam 20 20 20 0 July,15

4 Bihar 183 150 179 0 July,, 15

5 Chhattisgarh 31 31 25 21 July,15

6 Goa 5 5 5 3 July, 15

7 Gujarat 166 166 61 61 Feb.,11

8 Haryana 36 16 6 6 Dec.to

9 Himachal Pradesh 9 9 9 0 Juue, 14

10 Jammu & Kashmir 12 - - 5 June, 14 11 Jharkhand 89 89 39 11 March, 14 . . 12 Kamataka 93 ' 93 87 0 July,15

13 Kerala 37 31 38 0 July,15

14 Madhya Pradesh 85 66 84 0 July,15

15 Maharashtra 187 187 51 80 July, 15

16 Manipur 3 2 2 2 July,15

17 Meghalaya 3 3 3 0 July,15

18 Mizoram 3 3 3 3 March 11

19 Nagai and 3 2 2 2 Oct. 12

20 Odisha 72 41 35 0 July,15

21 Punjab 29 18 15 20 March, 14

22 Rajasthan 83 83 83 0 July,15

23 Sikkim 3 - - 1 July,15 24 Tamil Nadu 49 49 49 32 June, 14

25 Tripura 3 3 3 0 July,15

26 Uttar Pradesh 242 242 153 80 . Feb 15

27 Uttarakhand 45 45 20 0 July, 15

28 West Bengal 152 119 109 64 April, 15

29 Delhi - - - 10 May,15 . Total 1734 1562 1192 473

Anncxure-II

STATEMENT REFERRED TO IN REPLY TO PART (bl OF THE LOK UNSTARRED QUESTION NO. 412 TO

BE ANSWERED ON 26TthFebruary, 2016.

STATEMENT OF NUMBER OF CASES TRANSFERRED TO FAST TRACK COURTS (FTCs). DISPOSED BY FTCs AND PENDING IN FTC§

SI. Name of the state Number of No. of cases No. of As on No cases disposed cases

transferred off since pending in to FTCs inception by FT Cs

since FT Cs inception

I Andl1ra Pradesh 265545 248457 17088 April, 14

2 Arunachal Pradesh 4162 1660 2502 March, 11

3 Assam 84098 72240 11858 Oct.12 4 Bihar 239278 159105 80173 March.II

5 Chhattisgarh 94670 76575 18095 March.I I

6 Goa 10185 8590 1595 Feb., 14

7 Gujarat 537636 434296 103340 Feb.,! I

8 Haryana 38359 33590 4769 Dec.IO

9 Himachal Pradesh 54651 47480 7171 Dec.12

10 Jammu & Kashmir NA NA NA

II Jharkhand 110027 87789 22238 March II

12 Karnataka 218402 184067 34335 Aug.IO

13 Kerala 135839 116843 18996 Aug., 13

14 Madhya Pradesh 360602 317363 43239 Dec.IO

15 Maharashtra 4235I8 381619 41899 Feb. I I

16 Manipur 3512 3287 225 Oct.12

17 Meghalaya 14.88 973 315 Oct.12

18 Mizoram 1868 1635 233 March I I

I9 Nagaland 845 786 59 Oct. 12

20 Odisha 73093 67700 5393 March.12

21 Punjab 58570 46347 12223 Dec.JO

22 Rajasthan 149447 123024 26423 March.I I

23 Sikkim NA NA NA

24 Tamil Nadu 411957 371336 40621 Aug., 10

25 Tripura 58I2 5591 221 March 11

26 Uttar Pradesh 464775 411658 53117 March 11

27 Uttarakhand Il2726 103208 9518 June,12

28 West Bengal 202944 173299 29652 April 15

29 Delhi . NA NA 2028 May 15

NA- Not available

Anncxurc -III

~TATEMENT REFERRED TO IN REPLY TO PART (c) OF THE RAJYA SABHA UNSTARRED

QUESTION NO. 412TO BE ANSWERED ON 26m FEBRUARY, 2016

Central Grants released (o States for Fast Track Courts

(Rs. In lakh)

SI. No Name of the stale Grant Rel eased

1 Andhra Pradesh 4864.50

2 Arunachal Pradesh 143.89

' Assam 1133.30 .1

4 I3ihar 9326.70

5 Chhattisgarh 1675.90

6 Goa 262.70

7 Gujarat 7574.98

8 Haryana 807.90

9 Hirnachal Pradesh 334.56

lO Jmnmu & Kashmir 300.60

l l Jharkhand 3943.67

12 Karnataka 4938.80

13 Kerala 1757.65

14 Madhya Pradesh 4067.20

15 Maharashtra 8801.60

16 Manipur 150.80

17 Meghalaya 181.20

18 Mizoram 184.48

19 Nagaland 124.28

20 Odisha 2978.60

21 Punjab 1205.30

22 Rajasthan 5116.69

23 Sikkim 29.70

24 Tamil Nadu 2641.60

25 Tripura 108.36

26 Uttar Pradesh 13596.61

27 Uttarakhand 3168.62

28 West Bengal 7590.40

Total 87010.60

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE


RAJYASABHA


TO BE ANSWERED ON FRIDAY, THE 26rn FEBRUARY, 2016

Action plan to clear pendency of court cases

414. SHRI BAISHNAB PARIDA:


(a) whether the number of cases pending in various courts in the country have been going up unabatedly; (b) the current number of pending cases in various courts of the country; and (c) whether Government has worked out some action plan to dispense justice to the aggrieved parties expeditiously, if so, the details thereof?


(SHRI D. V. SADANANDA GOWDA)

(a) to (c): Data on pendency of cases is maintained by Supreme Court and High

Courts. As per the information made available by the Supreme Court of India,

pendency in the Supreme Court of India has declined from 66,692 cases at the end

of the year 2012 to 59,468 cases as on 19.02.2016.

As per the information made available by the High Courts, the pendency in

High Courts has declined from 44.34 lakh cases at the end to the year 2012 to

41.53 lakh cases at the end of 2014. Pendency in District and Subordinate Courts

has declined from 2.68 crore cases at the end of year 2012 to 2.64 crore cases at

the end of 2014.

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

Government has set up a National Mission for Justice Delivery and Legal Reforms

with the twin objectives of increasing access by reducing delays and arrears in the

system and enhancing accountability through structural changes and by setting

performance standards and capacities. The Mission has been pursuing a co-

ordinated approach for phased liquidation of arrears and pendency in judicial

administration which, inter-alia, involves better infrastructure for courts including

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

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

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

resource development.

*********



RAJYASABHA


TO BE ANSWERED ON FRIDAY, THE 261h FEBRUARY, 2016

Promoting the use of Hindi in court proceedings

+ 415. SHRIMATI KANAK LATA SINGH: SHRI VISHAMBHAR PRASAD NISHAD:

Will the Minister of LAW AND JUSTICE be pleased:

(a) whether the Ministry proposes to take steps for relaxing article 348 that hinders filing of petition and its hearing in Hindi in Supreme Court so that petitions may be filed in Hindi without any hesitation; and

(b) if so, whether Government would take steps to appoint people qualified to work in Hindi and for other necessary action, along with the factual position thereof?

ANSWER


(a) : No, Madam. The 181h Law Commission of India (LCI) in its

2161h Report on "Non-Feasibility of Introduction of Hindi as

Compulsory Language in the Supreme Court of India" (2008) has,

inter-alia, recommended that the higher judiciary should not· be

subjected to any kind of even persuasive change in the present

societal context. The Government has accepted the stand of the

Commission.

(b) Does not arise.



RAJYASABHA

UNSTARRED QUESTION NO. t416

TO BE ANSWERED ON FRIDAY, THE 26TH FEBRUARY, 2016

Pending cases vis-a-vis vacant posts of judges

t416. SHRIMATI KANAK LATA SINGH: SHRI VISHAMBHAR PRASAD NISHAD:


(a) whether it is a fact that there is a shortage of judges on a large scale in the country due to which imparting of justice is delayed;

(b) the details of pending cases in various courts at present; (c) the suggestions of Law Commission regarding appointment of judges and the

steps taken in this regard; and (d) whether .there is a decline in disposal of pending cases due to shortage of

judges, the details thereof?



(a) to (d): The sanctioned and working strength of Judges I Judicial Officers in the High

Courts and District and Subordinate Courts at the end of 2013, 2014 and 2015 are given

below:

2013 2014 2015 Court/Year Sanctioned Working Sanctioned Working Sanctioned Working

Strength Strength Strength Strength Strenath Sirena th Hi!:1h Courts 906 639 984 639 1044 601 District I Subordinate Courts 19,518 15, 115 20,214 15,634 20,502 16,070

As per information made available by Supreme Court of India, 59,468 cases were

pending in the Supreme Court of India as on 19.02.2016. As per information made

available by High Courts, 41.53 lakh cases were pending in High Courts and 2.64 crore

cases were pending in District and Subordinate Courts as on 31.12.2014.

...2/-

... 2 ...

The Supreme Court, in the case of lmtiyaz Ahmed versus State of Uttar Pradesh &

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

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

Commission in its 245th Report recommended 'Rate of Disposal Method' for calculating

adequate judge strength for District and Subordinate Courts. The Supreme Court has

directed the State Governments and High Courts to file their response in the matter in the

above case.

Number of cases disposed of in Supreme Court, High Courts and District I

Subordinate Courts during 2012, 2013 and 2014 are given below:

Court I Year Number of cases disposed

2012 2013 2014

Supreme Court 68,744 77,085 92,722

High Courts 17,86, 170 17,72,917 17,34,542

District I Subordinate Courts 1,81,97,153 1,87,83,546 1,90,19,658

*******



RAJYASABHA


TO BE ANSWERED ON FRIDAY, THE 26TH FEBRUARY, 2016

Disposal of pending court cases

417. SHRI A.U. SINGH DEO:


(a) the number of cases pending before the Subordinate Courts and High Courts across the country for the past three years;

(b) whether there is a substantial number of judicial vacancies, if so, the details thereof for the last three years;

(c) whether Government plans to introduce a time-bound programme to clear pending cases; and

(d) if so, the details thereof along with the time-line for implementation of the same and if not, the reasons therefor?



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

Court. As per the information available, details of cases pending in High Courts and District

I Subordinate Courts at the end of 2012, 2013 and 2014 are given below:

Court I Year Number of cases pending 2012 2013 2014

Hiah Courts 44,34, 191 44,62,705 41,53,957 District I Subordinate Courts 2,68,89,203 2,68,38,861 2,64,88,405

As per the information available, details of vacancies position of Judges in High

Courts and Judicial Officers in District and Subordinate Courts at the end of 2013, 2014

and 2015 are given below:

Court I Year Number of vacant posts of Judges I Judicial Officers 2013 2014 2015

Hioh Courts 267 345 443 District I Subordinate Courts 4403 4580 4432

". 2/-

... 2 ...

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

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

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

enhancing accountability through structural changes and by setting performance standards

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

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

better infrastructure for courts including computerization, increase in manpower strength of

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

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

emphasis on human resource development.

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



RAJYASABHA


TO BE ANSWERED ON FRIDAY, THE 04TH MARCH, 2016

Annual Report of High Courts

1068. SHRI AVINASH RAI KHANNA:


(a) whether it is a fact that the Ministry had written to the Chief Justices of all High Courts to compile Annual Report listing the performance of their courts;

(b) if so, the details thereof along with the responses of the Chief Justices; (c) the number and names of High Courts which have compiled the Annual Report; (d) the reasons for not compiling the Report by other High Courts; and (e) the steps taken by Government to make public reliable and accurate judicial data

of higher courts?

(a): Yes, Sir.



(b) to (d) : A brief outline for Annual Report of the High Courts was prepared and sent to

the High Courts in October, 2015 for appropriate consideration. High Courts of Madhya

Pradesh and Rajasthan have already compiled their Annual Reports in the suggested

format. The High Courts of Gujarat, Chhattisgarh, Delhi, Himachal Pradesh, Jammu and

Kashmir, Jharkhand, Kerala, Madras, Manipur, Orissa, Punjab & Haryana have also

responded positively.

(e): The eCourts Integrated Mission Mode Project (eCourts IMMP) is one of the National

eGovernance Plan (NeGP) projects, which is being implemented for the Information &

Communication Technology (ICT) enablement I computerization of the Supreme Court, 24

High Courts and district & subordinate courts in the country. Access to National Judicial

Data Grid (NJDG) has been opened to General Public.

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



RAJYASABHA UNSTARRED QUESTION N0.1069

TO BE ANSWERED ON FRIDAY, THE 04.03.2016

Vacancies of judges and pending cases in High Courts

1069. DR. BHALCHANDRA MUNGEKAR:


(a) the number of posts of judges which were vacant in various High Courts as on 31 December, 2015; (b) the number of cases which were pending in various High Comis as on 31December,2015; and ( c) the time-frame for filling up all these vacancies?

ANSWER

MINISTER OF LAW AND JUSTICE

(SHRI D.V. SADAN ANDA GOWDA)

(a): A statement showing the vacancies of Judges in the High Courts as on 31.12.2015 is given at Annexure-1.

(b): As per information available, a statement showing the the number of cases which were pending in various High Courts as on 31 December, 2014 is given at Annexure-11

(c): The Collegium system of appointment ofJudges of the Supreme Court and High Courts ceased to exist consequent upon the coming into force of the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f 13.04.2015. However, the Constitutional validity of both the Acts was challenged in Supreme Comi. While the case was being heard and till the Judgement was pronounced, only those Additional Judges whose terms were expiring were given extensions of three months as per the Supreme Court Orders dated 12.05.2015 and 15.07.2015. No other appointments were made.

21-

-2-

In view of large number of vacancies and keeping in view the fact that the process of supplementing the existing Memorandum of Procedure (MoP) is likely to take some time because of the need for consultation with the States, the matter was taken up with the Supreme

Cou1t and the process of appointment of Judges has been resumed.

***

Annexure-1 referred to in reply to part (a) ofRajya Sabha USQ No.1069 for answer on 04.03.2016

(As on 31.12.2015)

SI. Name of the High Court Approved Strength Working Strength Vacancies as per No. Approved Strength

Pmt. Addi Total Pmt. Addi Total Pmt. Addi Total I Allahabad 76 84 160 54 20 74 22 64 86

2 High Court of Judicature at Hyderabad 33 16 49 17 IO 27 16 06 22

3 Bombay 71 23 94 37 22 59 34 01 35

4 Calcutta 45 13 58 20 22 42 25 -09 16

5 Chhattisgarh 17 05 22 03 06 09 14 -01 13

6 Delhi 45 15 60 34 05 39 11 10 21

7 Gauhati 18 06 24 08 08 16 10 -02 08 --

8 Gl\jarat 39 13 52 25 03 28 14 IO 24

9 Himachal Pradesh IO 03 13 07 -- 07 03 03 06 10 Jammu & Kaslunir 13 04 17 09 01 10 04 03 07

11 Jharkhand 19 06 25 09 05 14 IO 01 11 12 Karnataka 47 15 62 22 09 31 25 06 31

13 Kera la 27 11 38 19 16 35 08 -05 03

14 Madhya Pradesh 40 13 53 23 07 30 17 06 23 ·-·-··

15 Madras 56 19 75 37 0 37 19 19 38

16 Manipur 04 01 05 03 0 03 01 01 02

17 Meghalaya 03 01 04 03 0 03 0 01 01

18 Orissa 20 07 27 16 06 22 04 01 05

19 Patna 40 13 53 22 06 28 18 07 25

20 Punjab& Haryana 64 21 85 39 11 50 25 10 35

21 Rajasthan 38 12 50 22 03 25 16 09 25

22 Sikkim 03 0 03 02 0 02 01 0 01

23 Tripura 04 0 04 04 0 04 0 0 0

24 U ttarakhand 09 02 11 06 0 06 03 02 05

Total 741 303 1044 441 160 601 300 143 443

Annexure-11 referred to in reply to part (b) of Rajya Sabha USQ No. 1069 for answer on 04.03.2016.

SI. High Court Case Type Opening Institution Disposal Pendency No balance as As on

on1.1.14 31.12.14

1 Allahabad Civil 695431 144727 .. 184365 655793 Criminal 347967 136315 125929 358353 Total 1043398 281042 310294 1014146

2 Andhra Pradesh Civil 201605 62310 47758 216157 Criminal 31034 20991 18481 33544 Total 232639 83301 66239 249701

3 Bombay Civil 299931 110506 99671 310766 Criminal 49906 34813 30909 53810 Total 349837 145319 130580 364576

---4 Calcutta Civil 230317 74163 73783 230697

Criminal 49689 27793 21873 55609 Total 280006 101956 95656 286306

5 Delhi Civil . 49000 27703 25239 51464 Criminal 15652 14788 14915 15525 Total 64652 42491 40154 66989

6 Gujarat Civil 60131 47489 46077 61543 Criminal 31822 30304 28367 33759 Total 91953 77793 74444 95302

7 Gauhati Civil 33534 17195 15591 35138 Criminal 7378 12408 11876 7910 Total 40912 29603 27467 43046

8 Himachal Pradesh Civil 54015 38555 57710 34860 Criminal 6058 3258 4560 4756 Total 60073 41813 62270 39616

9 Jammu &Kashmir Civil 87794 28620 20868 95546 Criminal 5244 3649 2283 6610 Total 93038 32269 23151 102156

10 Karnataka Civil 179379 122135 104837 196677 Criminal 17593 14837 14987 17443 Total 196972 136972 119824 214120

11 Kerala Civil 99573 62557 52738 109392 Criminal 32586 23363 19435 36514 Total 132159 85920 72173 145906

12 Madras Civil 208301 87228 66615 228914 Criminal 31975 66019 63339 34655

Total 240276 153247 129954 263569 13 Madhya Pradesh Civil 174665 68457 76161 166961

Criminal 86946 58021 53212 91755 Total 261611 126478 129373 258716

14 Orissa Civil 168794 36080 39150 165724 Criminal 38028 35703 37373 36358 Total 206822 71783 76523 202082

15 Patna Civil 79896 40943 39501 81338 Criminal 52259 72847 65454 59652 Total 132155 113790 104955 140990

16 Punjab & Haryana Civil 200549 72873 64255 209167 Criminal 62211 58867 50546 70532 Total 262760 131740 114801 279699

17 Rajasthan Civil 173506 42984 46268 170222 Criminal 53920 41735 37524 58131 Total 227426* 84719 83792 228353

18 Sikkim Civil 95 117 144 68 Criminal 25 101 86 40 Total 120 218 230 108

19 Uttarakhand Civil 15269 9468 8068 16669 Criminal 5417 6337 5318 6436 Total 20686 15805 13386 23105

20 Chhattisgarh Civil 27146 16864 15801 28209 Criminal 16993 12229 12354 16868 Total 44139 29093 28155 45077

21 Jharkhand Civil 38001 10452 5963 42490 Criminal 34957 19732 16364 38325 Total 72958 30184 22327 80815

22 Tripura Civil 4743 2917 3888 3772 Criminal 1091 858 1256 693 Total 5834 3775 5144 4465

23 Manipur Civil 3761 2328 1855 4234 Criminal 92 119 71 140 Total 3853 2447 1926 4374

24 Meghalaya Civil 1115 1058 1482 691 Criminal 74 215 242 47 Total 1189 1273 1724 738

All High Courts Total civil 3086551 1127729 1097788 3116492 All High Courts Total criminal 978917 695302 636754 1037465 Grand Total of all High Courts 4065468 1823031 1734542 4153957

The above figures are Provisional. I Source: High Courts.

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



Slow pace of Fast Track Courts

1070. SHIU ANIL DESAI:


(a) whether some Fast Track Courts dealing with rape cases

are incredibly slow ;

(b) if so, the number of cases pending in each State,

particularly in metro cities, for a long time and were sent

back to the trial court they originated from ;

(c) if so, whether the Ministry will set up special POCSO

court for child sexual abuse cases rather than Fast Track

Courts;

(d) whether judges could be trained and sensitised around

specific concerns and issues; and

(e) if so, the response of Government thereto?


(SHRI D.V. SADANANDA GOWDA)

(a) to (b) : Setting up of District and Subordinate courts is the

responsibility of the State Governments. Number of cases

pending in Courts is not maintained centrally. It was resolved in

the meeting of the Advisory Council of the National Mission for

Justice Delivery and Legal Reforms that the Judges' strength

may be doubled. In the Conference of Chief Ministers and Chief

.Justices held in New Delhi on 7th April, 2013, it was resolved that

the State Governments shall, in consultation with the Chief

Justices of the respective High Courts, take necessary steps to

establish suitable number of fast Track Courts (fTCs) relating to

offences against women, children, differently abled persons,

senior citizens and marginalized sections of the society, and

provide adequate funds for the purpose of creating and continuing

them. Government has requested the State Governments and the

Chief Justices of the High Courts to implement this decision.

The 14th finance Commission has endorsed the proposal to

strengthen the judicial system in States which includes, inter-alia,

establishing 1800 FTCs for a period of five years for cases of

heinous crimes; cases involving senior citizens, women, children,

disabled and litigants affected with HIV AIDS and other terminal

ailments; and civil disputes involving land acquisition and

property/rent disputes pending for more than five years at a cost

of Rs.4144 crore. The 14th finance Commission has urged State

Governments to use the additional fiscal space provided by the

Commission in the tax devolution to meet such requirements.

(c): As per the information received, a statement indicating

State/UT-wise number of courts set-up/designated for cases of

crimes against women and Special Courts established under the

POCSO Act, 2012 for cases of crimes against children is enclosed

as Annexure-1.

(d) & (e): The National Judicial Academy conducts trainings of

Judges from the year 2003 onwards. Till date, 973 courses have

been conducted out of which more than 500 have looked into

these issues and have attempted to raise judicial consciousness

around issues of appreciation of evidence, interpretation of law,

issues of scientific investigation, determination of credibility of

witness etc.

Annexure-1

Statement referred to in reply to part (c) of Ra!ya Sabha Unstarred Question No.1070 for 4.3.2016 regarding slow pace of Fast Track Courts.

Special Courts set-up/designated for cases of crimes against women and for cases

of crimes against children under POCSO Act, 2012

S.No. Name of the State/UT Number of Courts for cases of

Crimes against Crimes against children under

women POCSO Act, 2012

-----1 Andhra Pradesh/Telangana 24 23

- ---2 ArunachalPradesh • 5 ----3 Assam 3 27 -4 Bihar • 38

·---~-5 Chhattisgarh 16 16

6 Chandigarh 1 • -- ---7 Goa • 1 -8 Gujarat • 33

--- ---9 Haryana 21 21 -- ---10 Himachal Pradesh • 12 11 Jammu & Kashmir 5 •

-12 Jharkhand 11 24

13 Karnataka 10 30 14 Kerala 1 14

-~--

15 Maharashtra 27 33 16 Meghalaya 1 4 17 Manipur • 9 ----18 Madhya Pradesh 50 50 19 Mlzoram • 2

---

20 Nagaland • 11 -----

21 Odisha 30 30 ---

22 Punjab 20 22

23 Rajas than 9 33

24 Sikkim 1 4 25 Tamil Nadu 32 32

-26 Tripura 2 8 ----27 Uttarakhand • 13 28 Uttar Pradesh 80 75

29 West Bengal 48 20

30 Andaman &Nicobar • 1 31 Chandigarh • 1 --32 Daman and Diu • • 33 Delhi 6 11 -----34 Dadar & Nagar Haveli • 1

"''"- ---

35 Lakshadweep • 1 36 Pondicherry • • Total 398 605

'Not available





Effect of shortage of judges on pendency of cases

tJ072. SHRI MOTILAL VORA:


(a) whether in various High Coutts of the country, especially in Rajasthan, Uttar Pradesh,

Karnataka, Gujarat, Madhya Pradesh, Chhattisgarh and Delhi, 25, 85, 31, 24, 20, I 3 and 20 posts

of judges, respectively, are lying vacant;

(b) if so, whether it is affecting the pending cases in courts, if so, the details thereof; and

(c) the steps taken by Government to meet the shortage of judges in various High Courts and the

Supreme Court?

ANSWER



(a): A statement showing the vacancies of Judges in the High Courts as on 29.02.2016 is given at Annexure. The vacancies of Judges in the High Courts of Rajasthan, Allahabad, Karnataka, Gujarat, Madhya Pradesh, Chhattisgarh and Delhi are 26, 88, 31, 22, 24, 13 and 21 respectively.

(b) : Disposal of cases in courts falls within the domain of Judiciary. However, a large number of vacant posts of judges is one of the several reasons for pendency of cases.

(c) : The Collegium system of appointment of Judges of the Supreme Court and High Courts ceased to exist consequent upon the coming into force of the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f 13.04.2015. However, the Constitutional validity of both the Acts was challenged in Supreme Court. While the case was being heard and till the Judgement was pronounced, only those Additional Judges whose terms were expiring were given extensions of three months as per the Supreme Comt Orders dated 12.05.2015 and 15.07.2015. No other appointments were made.

2/-

-2-

In view of large number of vacancies and keeping in view the fact that the process of supplementing the existing Memorandum of Procedure (MoP) is likely to take some time because of the need for consultation with the States, the matter was taken up with the Supreme Court and the process of appointment of Judges has been resumed.

***

Annexure referred to in reply to part (a) ofRajya Sabha USQ No.1072 for answer on 04.03.2016

(As on 29.02.2016)

SI. Name of the High Court Approved Strength Working Strength Vacancies as per No. Aoorovcd Strcm!th

Pmt. Addi Total Pmt. Addi Total Pmt. Addi Total I Allahabad 76 84 I60 65 07 72 I I 77 88 2 High Court of Judicature at Hyderabad* 46 I5 6I I6 IO 26 30 05 35 3 Bombay 7I 23 94 38 22 60 33 OI 34 4 Calcutta 45 I3 58 2I 22 43 24 -09 15 5 Chhattisgarh 17 05 22 03 06 09 14 -01 13 6 Delhi 45 15 60 34 05 39 I I 10 21 7 Gauhati I8 06 24 08 07 I5 10 -01 09 8 Gujarat 39 I3 52 27 03 30 12 IO 22 9 Himachal Pradesh 10 03 13 07 .. 07 03 03 06 IO Jammu & Kashmir 13 04 I7 08 OI 09 05 03 08 11 Jharkhand 19 06 25 08 04 12 11 02 I3 I2 Karnataka 47 15 62 22 09 31 25 06 31 13 Kera la 27 11 38 19 16 35 08 -05 03 14 Madhya Pradesh 40 13 53 27 02 29 13 I I 24 15 Madras 56 I9 75 35 0 35 2I I9 40 I6 Manipur 04 OI 05 04 0 04 0 01 OI 17 Meghalaya 03 OI 04 02 0 02 01 01 02 18 Orissa 20 07 27 I5 06 21 05 01 06 I9 Patna* 40 13 53 24 05 29 I6 08 24 20 Punjab& Haryana * 64 2I 85 37 I I 48 27 IO 37 2I Rajasthan 38 I2 50 2I 03 24 17 09 26 22 Sikkim 03 0 03 02 0 02 01 0 01 23 Tripura 04 0 04 04 0 04 0 0 0 24 Uttarakhand 09 02 11 06 0 06 03 02 05

Total 754 302 1056 453 139 592 301 163 464

* Acting Chief Justice

GOVERNMENT OF !NOIA MINISTRY OF LAW & JUSTICE


RAJYA SABHA



Measures to restore confidence in law

1073. SHRI MAJEED MEMON:


(a) whether it is a fact that the offenders are losing fear of law while the victims of crime and common people are losing confidence in law; and

(b) if so, the remedial measures Government intends to take in this regard, the details thereof?

ANSWER

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

(a) and (b): The Department Related Parliamentary Standing Committee on Home

Affairs while examining the Code of Criminal Procedure (Amendment) Bill, 2010 in its

1461h Report had recommended that there should be comprehensive review of the

criminal justice system. In view of the recommendations made by the Committee, the

Ministry of Home Affairs made a request to Ministry of Law and Justice that the

matter be entrusted to Law Commission of India. A formal reference has since been

made to the Law Commission to examine the issue and give a comprehensive report

covering all aspects of criminal laws so that necessary amendments can be made to

various laws viz. Indian Penal Code (IPC), Code of Criminal Procedure (Cr.PC),

Evidence Act etc.

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



RAJYA SABHA



Creation of National Level Judicial Services

1074. SHRI P. L. PUNIA:


(a) whether it is a fact that creation of National Level Judicial Services on the pattern of All India Civil Services in the country is being contemplated by Government, if so, the details thereof; and

(b) the details of the proposal under consideration at present and the advantages likely to accrue from implementation of the proposal?

ANSWER


(a) and (b): A comprehensive proposal was formulated for the constitution

of an All India Judicial Service (AIJS) and the same was approved by the

Committee of Secretaries in November, 2012. The proposal was

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

Chief Justices of the High Courts held in April, 2013. It was decided in

the Conference that issue needs further deliberation and consideration.

The views of the State Governments and High Courts were sought on the

proposal. There was divergence in opinion among the State

Governments and among the High Courts on constitution of an All India

Judicial Service. The views of the State Governments and High Courts

received in this regard were included in the agenda notes for the.

Conference of Chief Ministers of States and Chief Justices of High Courts

held on 5th April, 2015. No consensus has been reached on the matter.

... 2/-

- 2 -

2 -

The matter regarding uniform procedure for appointment of District

Judges and creation of Judicial Service Commission for conducting a

common written examination for recruitment to the posts of District Judges

was also included in the agenda of Chief Justices' Conference held on 3rd and

4th April, 2015. As per the decision taken in the Chief Justices' Conference, it

has been left open to respective High Courts to evolve appropriate method

within the existing system to fill up the vacancies of District Judges

expeditiously.

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



RAJYASABHA


TO BE ANSWERED ON FRIDAY, THE 4th MARCH, 2016

Judicial vacancies and pending cases

1075. SHRI BHUPINDER SINGH:


(a) the total number of vacancies in the judiciary of the country, State-wise, including High Courts and the Supreme Court;

(b) the steps taken to fill up such vacancies and by when the vacancies are expected to be filled up; and

years? (c) the number of cases pending in different courts for more than five

ANSWER


(a) to (c) : As per information available, there are 464 vacancies against a

sanctioned strength of 1056 in the higher judiciary as on 29.02.2016 and 4998

vacancies against a sanctioned strength of 20358 in the subordinate judiciary

as on 30.06.2015. Statements showing the total number of vacancies of

Judges in the Supreme Court of India and High Courts and Judicial Officers in

the subordinate judiciary are enclosed as Annexure-1 and Annexure-11

respectively.

Recruitment, appointment, filling up of vacancies etc. of judicial

officers in the district and subordinate courts in the country falls within the

purview of the State Governments. The recruitment against all vacancies in

the DistricUSubordinate Courts is monitored by the Hon'ble Supreme Court in

..... 21-

2

C.A. No. 1867 of 2006 (Arising out of SLP(C) No.22523 of 2005) - in the

matter of Malik Mazhar Sultan & Anr. Vs U.P. Public Service Commission &

Ors. Filling up vacancies is a continuous and ongoing process.

As per the information available, 17,42,287 cases in various High

Courts and 63,89,733 cases in subordinate courts were pending for more than

five years as on 31.12.2014. Chief Justices' Conference, 2015 held on 3rd and

4th April, 2015 resolved that each High Court shall establish Arrears

Committee and prepare an action plan to clear backlog of cases pending for

more than five years.

Annexure-1

Annexure refoITed to in reply to part (a) ofRajya Sabha Unstarred Question No.1075 due for answer on 04.03.2016.

Stat~rnent stH.r .. 'lir1g ih~ A.pprov;zd s·tr.:;ngth> '\iVork.ing Strenglhi and l/2~21n.ci:cs of Judg·cs in H10 5up1.;;m~ Court of Qndin and 'i:b.s K-Jigh Co1Jr\5

(As on i9.02.2u16)

I SI. .

/ Approved S~rength / · Vacandes asp~ 1'-laroe of the Court VVorklng S

Annexure-11

Annexure refenccl to in reillYJ.o part (a) ofRajya Sabha Unstarred Question No.1075 clue for answer on 04.03.2016.

Sanc-1.ioneci Strength, Working S·lrength ;mci Vacancies o·( Judicla! O·i'ficern o·/ · Dis~rict and Subordinafa Courts As ot'l 30.06.2015 .

Sr. Mame o'i State I UT Total Sanc~ioned Toaal Worldilg Vacancies No. S~reng'ih Strengih 1 Arunachal Pradesh 17 15 2 ~·

2 Andhra Pradesh & Telengana 1034 812 222 3 Assam 420 307 113 4 Bihar 1727 997 730 5 Chandiqarh 30 30 0 6 Chhattisgarh 356 296 60 7 Daman & Diu and Dadra Nagar 7 6 1

Have Ii 8 Delhi 793 469 324 9 Goa 52 39 13 10 Gujarat 1914 1197 717 11 Ha1yana 644 478 166 12 Himachal Pradesh 146 137 9 13 Jammu and Kashmir 245 217 28 14 Jharkhand 590 368 222 15 Karnataka 1112 824 288 16 Kera la 456 419 37 17 Lakshadweep 3 3 0 18 Madhya Pradesh 1461 1234 227 19 Maharashtra· 2088 1618 470 20 Manipur 41 32 9 21 Meghalaya 56 29 27 22 Mizoram 63 31 32 23 Naqaland 27 25 2 24 Ofiew t}tl.A'.sN>.-· 694 613 81 25 Puducherry 21 9 12 26 Punjab 672 498 174 27 Rajasthan 1191 822 369 28 Sikkim 18 14 4 29 Tamil nadu 1004 840 164 30 Tripura 104 72 32 31 Uttar Pradesh 2097 1845 252 32 Uttarakhand 281 208 73 33 West Bengal and A & N Islands 994 856 138

Total 20358 15360 4998 ***'l'l*****w





Accumulation of vacancies in the Supreme Court aud High Courts

1076. SHRI RAJKUMAR DHOOT:


(a) whether lt is a fact that vacancies in the Supreme Court and various High Coutts of the country have accumulated in the recent past resulting in substantial increase in the pendency of cases; (b) if so, the details thereof, Supreme Court and High Court-wise; (c) the reasons for accumulation of these vacancies; and (d) the remedial measures Government has taken or proposes to take so that vacancies are filled up on priority?

ANSWER



(a) & (b) : A statement showing the vacancies of Judges in the Supreme Court and High Courts as on 29.02.2016 is given at Annexure.

(c) & (d) : The Collegium system of appointment of Judges of the Supreme Court and High Coutts ceased to exist consequent upon the coming into force of the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014w.e.f13.04.2015. However, the Constitutional validity of both the Acts was challenged in Supreme Court. While the case was being heard and till the Judgement was pronounced, only those Additional Judges whose terms were expiring were given extensions of three months as per the Supreme Court Orders dated 12.05.2015 and 15.07.2015. No other appointments were made.

2/-

-2-

In view of large number of vacancies and keeping in view the fact that the process of supplementing the existing Memorandum of Procedure (MoP) is likely to take some time because of the need for consultation with the States, the matter was taken up with the Supreme Court and the process of appointment of Judges has been resumed.

***

Annexure referred to In reply to parts (a) & (b) of Rajya Sabha

Unstarred Question No.1076 for answer on 04.03.2016

SI. Vacancies as

No. Name of the Court on 29.02.2016

A. Supreme Court of India 06

B. High Court Allahabad 88

1

2 High Court of Judicature at Hyderabad 35

Bombay 34 3

Calcutta 15 4

Chhattlsgarh 13 5

Delhi 21 6

Gauhati 09 7

Gujarat 22 8

Hlmachal Pradesh 06 9

Jammu & Kashmir 08 10

Jharkhand 13 11

Karnataka 31 12

Kera la 03 13

Madhya Pradesh 24 14

Madras 40 15

Manlpur 01 16

Meghalaya 02 17

Orissa 06 18

Patna 24 19

Punjab& Haryana 37 20

Rajasthan 26 21

Sikkim 01 22

Tripura 0 23

Uttarakhand 05 24

Total 464





Implication of judges' vacancies on pendency of cases

1077. SHRI AJAY SANCHETI:


(a) the sanctioned strength of judges in the High Courts of the country, State-wise; (b) the actual sh·ength at present; (c) the reasons for posts of judges lying vacant in these High Courts; ( d) the implication of these vacancies on the pendency of cases; and (e) the steps taken to fill up the vacancies?

ANSWER



(a) & (b): A statement showing the approved strength, working strength and vacancies of Judges in the Supreme Comt and High Courts as on 29.02.2016 is given at Anuexure.

(c): The Collegium system of appointment of Judges of the .Supreme Court and High Courts ceased to exist co1lsequent upon the coming into force of the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f 13.04.2015. However, the Constitutional validity of both the Acts was challenged in Supreme Court. While the case was being heard and till the Judgement was pronounced only those Additional Judges whose terms were expiring were given extensions of three months as per the Supreme Court Orders dated 12.05.2015 and 15.07.2015. No other appointments were made.

2/-

-2-

(d): Disposal of cases in coutis falls within the domain of Judiciary. However,.a large number of vacant posts of judges is one of the several reasons for pendency of cases.

(e): In view of the large number of vacancies and keeping in view the fact that the process of

supplementing the existing Memorandum of Procedure(MoP) was likely to take some time because of the need for consultation with the States, the matter was taken up with the Supreme Court and the process of appointment of Judges has been resumed.

***

Annexure referred in reply to part (a) & (b) of Rajya Sabha USQ No.1077 for answer on 04.03.2016

(As on 29.02.2016)

SI. Name of the Court Approved Strength Working Strength Vacancies as per No. Annroved Stren!!th

A. Supreme Court of India 31 25 06

B. Hi!!h Court Pmt. Addi Total Pmt. Addi Total Pmt. Addi Total I Allahabad 76 84 160 65 07 72 11 77 88 2 High Court of Judicature at Hyderabad* 46 15 61 16 10 26 30 05 35

3 Bombay 71 23 94 38 22 60 33 01 34

4 Calcutta 45 13 58 21 22 43 24 -09 15

5 Chhattisgarh 17 05 22 03 06 09 14 -0 I 13

6 Delhi 45 15 60 34 05 39 11 10 21

7 Gauhati J8 06 24 08 07 JS 10 -01 09

8 Gujarat 39 J3 52 27 03 30 12 10 22

9 Himachal Pradesh JO 03 13 07 -- 07 03 03 06 10 Jammu & Kashmir J3 04 J7 08 OJ 09 05 03 08

l J Jharkhand 19 06 25 08 04 12 11 02 13 12 Karnataka 47 15 62 22 09 31 25 06 31

13 Kera la 27 11 38 19 16 35 08 -05 03

14 Madhya Pradesh 40 13 53 27 02 29 13 11 24

15 Madras 56 19 75 35 0 35 21 19 40

16 Manipur 04 01 05 04 0 04 0 01 01

17 Meghalaya 03 01 04 02 0 02 01 01 02

18 Orissa 20 07 27 J5 06 2J 05 OJ 06

19 Patna* 40 J3 53 24 05 29 16 08 24

20 Punjab& Haryana * 64 21 85 37 11 48 27 10 37

21 Rajas than 38 12 50 21 03 24 17 09 26

22 Sikkim 03 0 03 02 0 02 01 0 01

23 Tripura 04 0 04 04 0 04 0 0 0

24 Uttarakhand 09 02 11 06 0 06 03 02 05

Total 754 302 1056 453 139 592 301 163 464

* Acting Chief Justice

1078.

GOVERNMENT OF INDIA MINISTRY Of LAW AND JUSTICE

(DEPARTMENT OF JUSTICE)

RAJYASABHA UNSTARRED QUESTION No. 1078

TO BE ANSWERED ON FRIDAY, THE 4rn MARCH, 2016

Wi-Fi facility in courts

SHRIMATI AMBIKA SONI: DR. T. SUBBARAMI REDDY:


a) whether Government proposes to provide Wi-Fi facility in all the

courts, including High Courts and the Supreme Court in near

future, if so, the details thereof;

b) in how many States, including Delhi, these facilities are already

available or are under consideration; and

c) whether Government would consider grants to States for

providing Wifi facility at the court premises, if so, the details

thereof?

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

(a) to (c): The Government of India has no such proposal to provide wifi facilities in Courts. However, the Supreme· Court of India has provided for wifi facility in the Supreme Court complex.

Page 1of1

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE



TO BE ANSWERED ON F~IDA Y, THE 04.03.2016

Vacant posts of Judges

1079. DR. T. SUBBARAMI REDDY:

Sl-IRIMATI AMBIKA SONI:


(a) the number of vacant posts of Judges in various High Courts and in the Supreme Court, as on date;

(b) whether it is a fact that 24 High Courts are functioning with 43 per cent vacancies; and (c) the details of the action being initiated by Government to fill up all vacancies and to

streamline the whole selection procedure?

ANSWER



(a) : A statement showing the approved strength, working strength and vacancies of Judges in the Supreme Court and High Courts as on 29.02.2016 is given at Annexure.

(b) : At present, the percentage wise vacancies of Judges in the High Courts is 43.93%.

(c): The Collegium system of appointment of Judges of the Supreme Court and High Courts ceased to exist consequent upon the coming into force of the Constitution (Ninety-Ninth Ani.endment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f 13.04.2015. However, the Constitutional validity of both the Acts was challenged in Supreme Court. While the case was being heard and till the Judgement was pronounced only those Additional Judges whose terms were expiring were given extensions of three months as per the Supreme Court Orders dated 12.05.2015 and 15.07.2015. No other appointments were made.

2/-

2 -

In view of the large number or vacancies and keeping in view the fact that the process of

supplementing the existing Memorandum of Procedure (MoP) was likely to take some time

because of the need for consultation with the States, the matter was taken up with the

Supreme Court and the process of appointment has been resumed.

Annexure referred in reply to part (a) ofRajya Sabha USQ No. 1079 for answer on 04.03.2016. . (As on 29.02.2016)

SI. Name of the Court Approved Strength Working Strength Vacancies as per No. Annroved Strene:th

A. Supreme Court oflndia 31 25 06

B. Hih Court Pmt. Addi Total Pmt. Addi Total Pmt. Adell Total I Allahabad 76 84 160 65 07 72 11 77 88 2 High Court of Judicature at Hyderabad* 46 15 61 16 10 26 30 05 35 3 Bombay 71 23 94 38 22 60 33 01 34 4 Calcutta 45 13 58 21 22 43 24 -09 15 5 Chhattisgarh 17 05 22 03 06 09 14 -01 13 6 Delhi 45 15 60 34 05 39 11 10 21 7 Gauhati 18 06 24 08 07 15 10 -01 09 8 Gujarat 39 13 52 27 03 30 12 10 22 9 Himachal Pradesh 10 03 13 07 -- 07 03 03 06 10 Jammu & Kashmir 13 04 17 08 01 09 05 03 08 11 Jharkhand 19 06 25 08 04 12 11 02 13 12 Karnataka 47 15 62 22 09 31 25 06 31 13 Kera la 27 11 38 19 16 35 08 -05 03 14 Madhya Pradesh 40 13 53 27 02 29 13 11 24 15 Madras 56 19 75 35 0 35 21 19 40 16 Manipur 04 01 05 04 0 04 0 01 01 17 Meghalaya 03 01 04 02 0 02 01 01 02 18 Orissa 20 07 27 15 06 21 05 01 06 19 Patna* 40 13 53 24 05 29 16 08 24 20 Punjab & Haryana * 64 21 85 37 11 48 27 10 37 21 Rajasthan 38 12 50 21 03 24 17 09 26 22 Sikkim 03 0 03 02 0 02 01 0 01 23 Tripura 04 0 04 04 0 04 0 0 0 24 Uttarakhand 09 02 11 06 0 06 03 02 05

Total 754 302 1056 453 139 592 301 163 464

*Acting Chief Justice

GOVERNMENT OF. INDIA MINISTRY OF LAW AND JUSTICE


RAJYASABHA UNSTARRED QUESTION NO. 1696


Appointing quality lawyers under Legal Aid Scheme



(a) whether it is a fact that lack of quality lawyers under the Legal Aid Scheme has resulted in increasing conviction and under trial population of the poor people, if so,

· the details thereof and the reasons therefor; and

(b) whether Government has taken any measures to appoint widely experienced and educated lawyers for the poor under the Legal Aid Scheme if so, the details thereof and if not, the reasons therefor?

ANSWER


. (a) No, Sir. All persons in custody are eligible for free legal services including filing of bail petitions provided they are covered under Section 12 of the Legal Services Authorities Act, 1987. Legal services are provided not only to the Under Trial Prisoners but also to the victims, if he/she is covered under the Act. However, the conviction or the acquittal in a criminal case doesn't solely depend upon the quality of legal representation by either side.

A total number of 653 undertrial prisoners (UTPs) were found to be entitled to the benefit of section 436 A of the Criminal Procedure Code, out of which 194 UTPs have already been released.

(b) National Legal Services Authority has framed the National Legal Services Authority (Free and Competent Legal Services) Regulation, 2010 under which it has been provided that no legal practitioner having less than three years' experience at the Bar shall ordinarily be empanelled and the competence, integrity, suitability and experience of such lawyers shall l?e tak.en into account. Accordingly, the legal services institutions have been empanelling widely experienced lawyers for providing free legal services.

***

GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE . DEPARTMENT OF JUSTICE

RAJYA SABHA



Pending civil and criminal cases in High Courts

1697. SHRIMATI SAROJINI HEMBRAM:


(a) the number of civil and criminal cases pending in various High Courts of the country, particularly in the High Court of Orissa and Allahabad; and

(b) whether Government has taken any initiatives to expedite the final settlement of these cases, if so, the details thereof and if not, the reasons therefor?



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

Courts. As per information made available by High Courts, details of civil and criminal

cases pending in all High Courts and in the High Courts of Orissa and Allahabad are as

under:-

Number of Pending Cases in Number of Pending Cases Number of Pending Cases all High Courts as on in High Court of Orissa as in High Court of Allahabad 31.12.2014 on 31.12.2014 as on 31.12.2014

Civil Criminal Civil Criminal Civil Criminal 31, 16,492 10,37,465 1,65,724 36,358 6,55,793 3,58,353

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

Justices' Conference held on 03'd and 04th April 2015 has resolved that each High Court

shall establish an Arrears Committee to clear the backlog of cases pending for more than

five years. As per information available, Arrears Committees have been set up in the High

Courts of (i) Allahabad, (ii) Bombay, (iii) Calcutta, (iv) Chhattisgarh, (v) Delhi, (vi) Himachal

Pradesh, (vii) Jammu & Kashmir, (viii) Jharkhand, (ix) Karnataka (x) Kerala, (xi) Madhya

Pradesh, (xii) Madras, (xiii) Manipur, (xiv) Meghalaya, (xv) Orissa, (xvi) Patna (xvii) Punjab

& Haryana, (xviii) Sikkim, (xix) Tripura, and (xx) Uttarakhand

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




Special Courts to deal with cases pertaining to atrocities on SCs/STs

1702. SHRI PRAVEEN RASHTRAPAL:


(a) the details of Special Courts set up to examine the cases

pertaining to atrocities on Scheduled Castes and Scheduled Tribes in

the States of Gujarat, R.ajasthan, Madhya Pradesh and Maharashtra;

(b) the number of cases decided during 2013-14, 2014-15 and 2015-

16 in the above Courts, State-wise; and

(c) the details of cases pending as on 31•1 March, 2015 in the above

States, State-wise?


(SHIU D.V. SADAN.ANDA GOWDA)

(a) to (c): In accordance with Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989, the State Governments with the concurrence of the Chief Justice of the High Court, specify for each district, a Court of Session to be a Special Court for the purpose of speedy trial of offences under the Act. Accordingly, State Governments of Gujarat, Maharashtra, Madhya Pradesh and Rajasthan have designated District Session Courts as Special Courts. Further, to accelerate the pace of trial of cases under the PoA Act, exclusive Special Courts have also been set up in these States namely Gujarat (26), Maharashtra (3), Madhya Pradesh (43) and

Rajasthan (25). The Number of cases disposed off/pending in these Courts are as under:

Name of State Year Disposed off Pending Gujarat 2013 1319 10042

2014 892 7364 Maharashtra 2013 860 8471

2014 969 7559 Madhya Pradesh 2013 3485 14025

2014 4111 14268 Rajasthan 2013 1867 . 14483

2014 2198 13678

The data for the year 2015 has not yet been generated by the National Crime Records Bureau.



RAJYASABHA



Assistance for opening of new courts

1704. SHRI PRAVEEN RASHTRAPAL:


(a) the details of financial assistance given to the State Governments of Gujarat, Madhya Pradesh, Rajasthan and Maharashtra for opening of new courts; and

(b) the details of total number of judges in the High Courts of Gujarat and Rajasthan as on 31 March, 2015?

ANSWER


(a): The development of infrastructure facilities for the judiciary is the primary responsibility

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

Governments, a Centrally Sponsored Scheme (CSS) for development of infrastructure

facilities for judiciary has been in operation since 1993-94. The scheme presently covers

the construction of court buildings and residential accommodation of judicial officers of

district and subordinate courts. The details of funds sanctioned to the State Governments

of Gujarat, Madhya Pradesh, Rajasthan and Maharashtra under the above mentioned

Scheme are as follows:

(Rs. in crore)

SI. State Total Funds sanctioned No. as on 08.03.2016.

1 Gujarat 402.64 2 Madhva Pradesh 301.13 3 Ralasthan 114.02 4 Maharashtra 549.41

(b): The details of approved and working strength in the High Courts of Gujarat and

Rajasthan as on 31.03.2015 are as follows:-

Name of the Aoorove.d Strength Working Strength Hi h Court Permanent Additional Total Permanent Additional Total 1. Guiarat 39 13 52 27 03 30 2. Rajasthan 38 12 50 27 03 30

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



RAJYASABHA STARRED QUESTION N0.75

TO BE ANSWERED ON FRIDAY, the 29TH APRIL, 2016

Renaming of Bombay High Court as Mumbai High Court

*75. SHRI RAJKUMAR DHOOT:

Will the Minister of LAW AND JUSTICE be pleased to state the present status of

changing the name of Bombay High Court to Mumbai High Court?

ANSWER MINISTER OF"~AW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

A Statement is laid on the Table of the House.

- - --r

\

Statement referred in reply to Rajya Sabha Starred Question No.75 to be

answered on 29.04.2016 regarding "Renaming of Bombay: High Court as Mumbai

High Court"

The proposal is under consideration and an appropriate legislation is being drafted.

***

'· I'



RAJYASABHA

UNSTARRED QUESTION. NO. 741

TO BE ANSWERED ON FRIDAY, THE 29th APRIL, 2016

Legal Aid Clinics

741. SHRI BAISHNAB PARIDA:


(a) whether it is proposed to set up Legal Aid Clinics or other such centres in all villages of the country, if so, the details thereof;

(b) whether the main aim of such Clinics is to help solve disputes without allowing them to mature into litigation in the courts; and

(c) whether women lawyers are proposed to be given preference in appointment in such courts, if so, the details thereof?

ANSWER


(a) to (c) The National Legal Services Authority (Legal Aid Clinics) Regulations, 2011 provide for establishment of legal aid clinics in all villages, or for a cluster of villages, depending on the size of such villages, especially where the people face geographical, social and other barriers for access to the legal services institutions. A statement showing the number of legal aid clinics set up till January, 2016, State/Union Territory-wise is at Annexure-A.

The objective of the Regulations is to provide inexpensive local machinery for rendering legal services of basic nature like legal advice, drafting of petitions, notices, replies, applications and other documents of legal importance and also for resolution of disputes without having to go to the courts. In cases where legal services of a higher level are required, the matter can be referred to the legal services institutions established under the Legal Services Authorities Act, 1987.

The Regulations provide that preference shall be given to women lawyers having the practice of at least 3 years.

***

Annexure-A

Statement as referred to in Reply to Part (a) to (c) of the Rajya Sabha Unstarred Question No.741 for answer on 29.04.201 6.

Statement showing the number of legal aid clinics set up till January, 2016

S.No. Name of the State No. of Legal Aid Clinics set up till Authority January, 2016

1 Andhra Pradesh 849 2 Arunachal Pradesh 4 3 Assam 197 4 Bihar 363 5 Chhattisgarh 377 6 Goa 98 7 Gujarat 989 8 Haryana 462

9 Himachal Pradesh 2628 10 Jammu & Kashmir 183 11 Jharkhand 389 12 Karnataka 701 13 Kera la 1329 14 Madhya Pradesh 1058 15 Maharashtra 645 16 Manipur 21 17 Meghalaya 125 18 Mizoram 75 19 Nagai and 134

20 Odisha 363 21 Punjab 381 22 Rajasthan 1588 23 Sikkim 22 24 Tamil Nadu 677 25 Telanqana 14 26 Tripura 99 27 Uttar Pradesh 3679 28 Uttarakhand 272 29 West Bengal 1019 30 Andaman & Nicobar Islands 0 31 Chandigarh U. T 18 32 Dadra & Nagar Haveli 12 33 Daman& Diu 8 34 Delhi 137 35 Lakshadweep 2 36 U.T. of Puducherrv 55

Total 18973


DEPARTMENT OF mSTICE



- Appointment of High Court Judges in Home States

t744. SHRI NARAYAN LAL PANCHARIYA:


(a) whether there is a provision in terms and conditions of services regarding appointment of Judges in High Courts that a Judge cannot be appointed in a High Court of his/her Home State, if so, the factual details thereof;

(b) if not, whether Government proposes to make such provision; and ( c) in view of inordinate delay in getting justice and increasing number of cases in the

courts 'the country, whether Government is making any action plan to deal therewith, if so, the details thereof and if not, the reasons therefor?

ANSWER



(a) : No, Sir. There is no such provision in the Memorandum of Procedure (MoP) for appointment and transfer of Chief Justices and Judges of High Courts. However, in respect of Chief Justices of High Courts, the Government has in consultation with the Chief Justice of India, decided as a matter of policy to appoint Chief Justices of all High Courts from outside.

(b) : No, Sir.

(c): Disposal of pending cases in courts is within the domain of the judiciary. The Government has adopted a co-ordinated approach to assist judiciary for phased liquidation of arrears and pendency m judicial systems, which, inter~alia, involves better infrastructure for courts including computerization, increase in strength of judicial officers/judges, policy and legislative measures in the areas prone to excessive litigation and emphasis on human resource development.

The Central Government has provided financial assistance to the tune of Rs. 3,694 crores to State Governments and Union Territories for upgradation /construction of court complexes and residential units for judicial officers in the last five years. Under the eCourts Project, about ninety five percent courts have been provided with computer hardware and software. This would enable the courts to exercise greater control over management of cases in the docket. It will also provide designated services to the litigants and the lawyers, In order to reduce government litigation in courts States have been encouraged to notify their litigation policies which contain provisions for weeding out infructuous cases and promote dispute resolution through alternative mechanisms.

The legislative initiatives taken by the Government in the recent past include amendments to the Negotiable Instruments Act, 1881 to clarify the jurisdictional issues and provide for centralization of cases against the same drawer. Amendments to Arbitration and Conciliation Act, 1996 have been made for time bound conclusion of arbitration proceedings. Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act, 2015 provides for speedy disposal of high value commercial disputes. Judicial reforms is a continuous process.

***



TO BE ANSWERED ON FRIDAY, THE 29th April, 2016

Fast Track Courts

745. SHRI VIJAY GOEL:


(a) the number of cases that have been transferred to Fast Track

Courts (FTCs) so far along with the number of cases disposed of by

them so far, State/UT-wise Including Rajasthan;

(b) the amount of funds that have been allocated to FTCs, year-wise since 2005; and

(c) whether Government is taking any steps to ensure permanency of this facility, if so, the details thereof, if not, the reasons therefor?



(a): As per the information available, a statement indicating the

number of cases transferred, disposed of and pending in FTCs is

enclosed at Annexure-1.

(b): The amount of funds that have been allocated to FTCs, States/UT-

wise and year wise since 2005 Is enclosed at Annexure-11. Central

funding for these FTCs has been discontinued with effect from 1•t

April, 2011.

(c): Setting up of subordinate courts including Fast Track Courts

(FTCs) is the responsibility of the State Governments in consultation

with High Courts from their own resources. The 14th Finance

Commission has endorsed the pr~posal to strengthen the judicial

system in States which includes, inter-alia, establishing 1800 FTCs

for a period of five years ~or cases of heinous crimes; cases involving

senior citizens, women, children, disabled and litigants affected with

HIV AIDS and other terminal ailments; and civil disputes involving

land acquisition and property/rent disputes pending for more than five

years at a cost of Rs.4144 crore. The 14th Finance Commission has

urged State Governments to use the additional fiscal space provided

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

Annexure-1

STATEMENT REFERRED TO IN REPLY TO PART {a) OF THE RAJYA SABHA UNSTARRED QUESTION

NO. 745 TO BE ANSWERED ON 29th April, 2016.

STATEMENT OF NUMBER OF CASES TRANSFERRED TO FAST TRACK COURTS (FTCs), DISPOSED BY FTCs AND PENDING IN FTCs

SL Name of the state Number of No. of cases No. of cases As on No cases disposed pending in

transferred to off since FT Cs FTCs since inception by inception FTCs

1 Andhra Pradesh 265545 248457 17088 Apri l, 14 2 Arunachal Pradesh 4162 1660 2502 March, 11

3 Assam 84098 72240 11858 Oct.12 4 Bihar 239278 159105 80173 March.11

5 Chhatt isgarh 94670 76575 18095 March.11

6 Goa 10185 8590 1595 Feb., 14

7 Gujarat 537636 434296 103340 Feb.,11

8 Haryana 38359 33590 4769 Dec.IO

9 Himachal Pradesh 54651 47480 7171 Dec.12

10 Jammu & Kashmir NA NA NA

11 Jharkhand 110027 87789 22238 March 11

12 Karnataka 2 18402 184067 34335 Aug.IO

13 Kerala 135839 116843 18996 Aug., 13

14 Madhya Pradesh 360602 317363 43239 Dec.10

15 Maharashtra 423518 381619 41899 Feb.11

16 Manipur 3512 3287 225 Oct.12

17 Meghalaya 1288 973 315 Oct.12

18 Mizoram 1868 1635 233 March 11

19 Nagaland 845 786 59 Oct. 12

20 Odisha 73093 67700 5393 March.12

21 Punjab 58570 46347 12223 Dec.10 22 Rajasthan 149447 123024 26423 March.11

23 Sikkim NA NA NA

24 Tamil Nadu 411957 371336 40621 Aug., 10

25 Tripura 5812 5591 221 March 11

26 Uttar Pradesh 464775 411658 53117 March 11

27 Uttarakhand 112726 103208 9518 June,12

28 West Bengal 202944 173299 29652 April 15

29 Delhi NA NA 2028 May 15

NA- Not avaiJable

Annexure-II

STATEMENT REFERRED TO IN REPLY TO PART {b ) OF THE RAJV A SABHA UNSTARRED QUESTION

NO. 745 TO BE ANSWERED ON 29th April, 2016.

Central Grants released to States for Fast Track Courts from 2005 to 2011

(Rs. In lakh)

Central Grant released by Department of Justice SL Name of the 2005-06 2006-07 . 2007-08 2008-09 2009-10 2010-11 Grand No state Total

1 2 3 4 5 6 7 8 9 1 Andhra 550.50 412.80 412.80 142.40 - 1096.00 4864.50

Pradesh 2 Arunachal 19.20 14.40 14.40 14.40 14.40 14.40 143.89

Pradesh 3 Assam 128.00 96.00 96.00 91.20 96.00 96.00 1133.30 4 Bihar 960.30 720.00 720.00 720.00 720.00 720.00 9326.70 5 Chhattisgarh 198.40 129.60 129.60 148.80 148.80 129.60 1675.90 6 Goa 32.00 24.00 24.00 19.20 14.40 24.00 262.70 7 Gujarat 1062.80 1355.90 571.20 580.80 - 777.60 7574.98 8 Haryana 102.40 33.60 67.20 38.40 76.80 67.20 807.90 9 Hirnachal 57.60 43.57 0 38.40 43.20 43.20 334.56

Pradesh 10 J&K - - - - - - 300.60 11 Jharkhand 569.80 226.00 190.17 249.60 196.80 192.00 3943.67 12 Karnataka 595.40 610.80 230.40 182.40 446.40 441.60 4938.80 13 Kerala 198.40 148.80 148.80 148.80 148.80 148.80 1757.65 14 Madhya 422.50 215.40 259.80 312.00 316.80 316.80 4067.20

Pradesh 15 Maharashtra 1197.20 1101.60 782.40 417.60 412.80 537.60 8801.60 16 Manipur 12.80 9.60 9.60 9.60 9.60 9.60 150.80 17 Meghalaya 19.20 14.40 0 28.80 - 28.80 181.20 18 Mizoram 19.20 17.68 14.40 14.40 14.40 14.40 184.48 19 Nagaland 12.80 18.18 9.60 9.60 9.60 9.60 124.28 20 Orissa 262.40 196.80 158.40 158.40 168.00 168.00 2978.60 21 Punjab 115.20 48.00 51.20 0 163.20 81.60 1205.30 22 Raiasthan 531.40 753.64 398.40 398.40 398.40 398.40 5116.69 23 Sikkim - - - - - - 29.70 24 Tamil Nadu 313.70 235.20 235.20 0 470.40 235.20 2641.60 25 Tripura 19.20 3.80 0 0 11.56 0 108.36 26 Uttar Pradesh 288.00 3075.69 495.52 1161.60 1161.60 1094.40 13596.61 27 Uttarakhand 1549.80 216.00 129.60 0 - 99.62 3168.62 28 West Bengal 761.80 571.20 571.20 571.20 571.20 571.20 7590.40

Total 10000.00 10292.66 5719.89 5456.00 5613.16 7315.62 87010.60



RAJYASABHA


TO BE ANSWERED ON FRIDAY, THE 29TH APRIL, 2016

Speeding up of delivery of justice

747. DR. PRABHAKAR KORE:


(a) whether average pendency of a case in a High Court in the country is more than three and a half years due to slow pace

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