8/11/2015 Untitled Page data:text/html;charset=utf8,%3Ca%20name%3D%22%23top%22%20style%3D%22textdecoration%3A%20underline%3B%20color%3A%20rgb(0%2C%200… 1/2 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LOK SABHA STARRED QUESTION NO 54 ANSWERED ON 15.03.2012 BENCHES OF HIGH COURTS 54 . Tharoor Shri Shashi Meghwal Shri Arjun Ram Will the Minister of LAW AND JUSTICE be pleased to state: (a) the details of the criteria for establishing divisional and circuit benches of High Courts; (b) whether any requests for setting up such divisional or circuit benches have been received from any State Government in respect of the High Courts located in those States; (c) if so, the details thereof; and (d) the steps taken by the Government in this regard? ANSWER MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID) (a) to (d): A Statement is laid on the Table of the House. Statement referred to in reply to part (a) to {d) of the Lok Sabha Starred Question No.54 for answer on 15.03.2012. (a): In terms of Section 51 of the States` Reorganisation Act, 1956, setting up of Benches of a High Court is considered by the Government of India after receipt of a complete proposal from the State Government, which has to have the consent of the Chief Justice of the concerned High Court and the Governor of the State. This is essential also because the State Government is required to provide necessary infrastructural facilities for establishment of a Bench of the High Court away from its principal seat and meet the entire expenditure of the High Court and its Benches. The Chief Justice of the concerned High Court has to look after the daytoday administration of the High Court and its Benches and depute Judges from the Principal Seat to its Benches from time to time. (b) to (d): Four proposals for establishing Benches of High Courts have been received from the State Governments. The status of these proposals is as under: (i) Proposal received from the State Government of Karnataka for establishing two Circuit Benches of Karnataka High Court at Dharwad and Gulbarga as Permanent Benches has the consent of the Chief Justice of the Karnataka High Court. This is awaiting approval of the competent authority. (ii) Proposal received from the State Government of West Bengal for establishment of circuit bench of the Calcutta High Court at Jalpaiguri has the consent of the Chief Justice of the Calcutta High Court. But it is not making further headway because the infrastructure facilities provided for establishment of the temporary Circuit Bench in Jalpaiguri have not been found to be satisfactory nor are the premises found suitable. (iii) Proposal received from the State Government of Kerala for setting up a Bench of Kerala High Court at Thiruvananthapuram has not been agreed to by the Chief Justice of the High Court of Kerala. (iv) Proposal received from the State Government of Himachai Pradesh for establishment of a Bench of Himachai Pradesh High Court at Dharamsala has not been agreed to by the Chief Justice of the High Court of Himachai Pradesh.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the details of the criteria for establishing divisional and circuit benches of High Courts;
(b) whether any requests for setting up such divisional or circuit benches have been receivedfrom any State Government in respect of the High Courts located in those States;
(c) if so, the details thereof; and
(d) the steps taken by the Government in this regard?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d): A Statement is laid on the Table of the House.
Statement referred to in reply to part (a) to d) of the Lok Sabha Starred Question No.54 foranswer on 15.03.2012.
(a): In terms of Section 51 of the States` Reorganisation Act, 1956, setting up of Benches of aHigh Court is considered by the Government of India after receipt of a complete proposal fromthe State Government, which has to have the consent of the Chief Justice of the concerned HighCourt and the Governor of the State. This is essential also because the State Government isrequired to provide necessary infrastructural facilities for establishment of a Bench of the HighCourt away from its principal seat and meet the entire expenditure of the High Court and itsBenches. The Chief Justice of the concerned High Court has to look after the daytodayadministration of the High Court and its Benches and depute Judges from the Principal Seat to itsBenches from time to time.
(b) to (d): Four proposals for establishing Benches of High Courts have been received from theState Governments. The status of these proposals is as under:
(i) Proposal received from the State Government of Karnataka for establishing two CircuitBenches of Karnataka High Court at Dharwad and Gulbarga as Permanent Benches has theconsent of the Chief Justice of the Karnataka High Court. This is awaiting approval of thecompetent authority.
(ii) Proposal received from the State Government of West Bengal for establishment of circuitbench of the Calcutta High Court at Jalpaiguri has the consent of the Chief Justice of the CalcuttaHigh Court. But it is not making further headway because the infrastructure facilities providedfor establishment of the temporary Circuit Bench in Jalpaiguri have not been found to besatisfactory nor are the premises found suitable.
(iii) Proposal received from the State Government of Kerala for setting up a Bench of Kerala HighCourt at Thiruvananthapuram has not been agreed to by the Chief Justice of the High Court ofKerala.
(iv) Proposal received from the State Government of Himachai Pradesh for establishment of aBench of Himachai Pradesh High Court at Dharamsala has not been agreed to by the ChiefJustice of the High Court of Himachai Pradesh.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government proposes to make affordable and easy justice available to commonman in the country;
(b) if so, the details thereof;
(c) whether the Government has evolved any scheme in this regard; and
(d) if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d): The Government has been taking several initiatives from time to time to improve thejustice delivery system and for making it affordable and accessible to the common man. Theseinitiatives interalia include measures for strengthening the judicial system, reviewing thestrength of the judges from time to time and setting up of part time/special courts, improvinginfrastructure in the courts and increasing use of ICT for court management as well as forproviding citizen centric services at all levels starting from Supreme Court/High Courts to thedistrict and subordinate courts. Some of these initiatives are detailed further as under:
i) Increasing access by reducing delays and arrears in the system has been the constantendeavor of the Government. For this, several steps have been taken in the past both for makingstructural changes as well as for monitoring the performance of the courts in so far as theirdisposal art concerned. The disposal has been accelerated by undertaking special drives, therecent one being from 1st July, 2011 to 31st December, 2011. Of late, the Government has setup a National Mission for Justice Delivery and Legal Reforms which will be addressing the issuesof delays and arrears in the judicial system as well enforcing better accountability at all levelsthrough a variety of methods which will include setting and monitoring of performance standard,enhancement of capacity through training at various levels etc.
ii) The 11th Finance Commission had recommended setting up of fast track courts for which aprovision of Rs. 502.90 crores was made for 200005. This was extended later till 201011. Asper the reports received, 1192 fast track courts were functional in the country as on 31,3.2011.Nearly 33 lakh cases were disposed of by the fast track courts over a period of 11 years ofcentral assistance from 200001 to 201011. The 13th Finance Commission has recommended agrant of Rs.5000 crores for the states over a period of 5 years between 20102015. The amountwill be provided as a grant to the States for various initiatives such as (i) Increasing the numberof court working h ours using the existing infrastructure by holding morning / evening / shiftcourts; (ii) Enhancing support to Lok Adafats to reduce the pressure on regular courts; (iii)Providing additional funds to State Legal Services Authorities to enable them to enhance legal aidto the marginalized and empower them to access justice; (iv) Promoting the Alternate DisputeResolution (ADR) mechanism to resolve part of the disputes outside the court system; (v)Enhancing capacity of judicial officers and public prosecutors through training programmes; (vi)Supporting creation or strengthening of a judicial academy in each State to facilitate suchtraining; (vii) Creation of the post of Court Managers in every judicial district and High Courts toassist the judiciary in their administrative functions and (viii) Maintenance of heritage courtbuildings. An amount of ? 1353.623 crores has already been released to the States on thisaccount.
iii) Under the central sector scheme for computerization of the District and Subordinate Courts(eCourts project) in the country and for upgradation of the ICT infrastructure of the SupremeCourt and the High Courts, a 9501 courts out of 14,229 courts as on 25.02.2012 in the countryhave been computerized. The balance courts would be computerized by 31.3.2014.
In the second phase, digitization, library management, efiling and establishment of datawarehouse are expected to be added to the ongoing computerization and performing of citizencentric services.
iv) The Gram Nyayalayas Act, 2008 has been enacted for establishment of Gram Nyayalayas atthe grass roots level for providing access to justice to citizens at their doorstep. The CentralGovernment is providing assistance to States towards nonrecurring expenses for setting up ofGram Nyayalayas subject to a ceiling of 18.00 lakhs per Gram Nyayalaya. The CentralGovernment also provides assistance towards recurring expenses for running these GramNyayatayas subject to a ceiling of 3.20 lakhs per Gram Nyayaiaya per year for the first threeyears. As informed by the State Governments, 153 Gram Nyayalayas have been notified so far.Out of which 151 Gram Nyayalayas have started functioning. An amount of 25.39 crores hasbeen released to the State Governments for establishment of Gram Nyayalayas during last threeyears.
v) A Centrally Sponsored Scheme for development of infrastructure facilities for the judiciary isbeing implemented since 199394 under which central assistance for construction of courtbuildings and residential quarters for judicial officers is released to augment the resources of theState Governments. The expenditure on the scheme is shared by the Centre and the StateGovernments on 75:25 basis, except for States in North East Region, which is on 90:10 basis. Anexpenditure of 1565.40 has been incurred on this scheme up to 31.12.2011.
vi) For legal empowerment of the marginalized people in India an externally aided project`Access to Justice for Marginalized People in India` is being implemented, in the selected 07States, with the support of UNDP.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the details of the complaints received against the judges of Supreme Court and High Courtsduring the last three years till date; and
(b) the details of the major recommendations made by the Law commissions regarding theinvestigation of the complaints made against such judges?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) As per the `inhouse mechanism` of the higher judiciary, the Chief Justice of India iscompetent to receive complaints against the conduct of the Judges of the Supreme Court and theChief Justices of the High Court. Similarly, the Chief Justices of the High Courts are competent toreceive complaints against the conduct of the Judges of their Courts. In view of this, the CentralGovernment do not maintain records of such complaints and it has no mechanism to monitor theaction taken on the same.
(b) : The Government had prepared Judges (Inquiry) Bill, 2005 to devise a suitable legislativeframework to deal with complaints against Judges of the Supreme Court and High Courts and torepeal the Judges (Inquiry) Act, 1968. The draft Bill was sent to Law Commission of India forexamination and report. The Law Commission of India in its 195th Report has made wideranging and comprehensive recommendations on this. The major recommendations regardingthe investigation of the complaints are interalia as under:
(i) Investigation / inquiry by the Judicial Council by way of a complaint procedure in addition toa reference procedure, is not an infringement of the Parliamentary process contained in Art124(4). It does not amount to impermissible delegation and is valid.
(ii) The view that Section 22 of the Bill of 2005 which permits the Judicial Council itself toconduct an investigation or appoint a Committee comprising its Members to conduct theinvestigation, is constitutionalily valid.
(iii) When the Judicial Council investigates into allegations against a Supreme Court Judge (inthe complaint or reference procedures) or against the Chief Justice of India (in a referenceprocedure), it should not include the two senior most Chief Justices of the High Courts. Instead,the Judicial Council should comprise the Chief Justice of India and four senior most Judges ofthe Supreme Court,
(iv) Following provisions be inserted in the Bill of 2005 by way of a separate section:
`(1) Any person who makes a complaint which is either frivolous or vexatious or is not in goodfaith, against a Judge with intent to cause harassment to the Judge against whom the complaintis filed, shall be punishable.
(2) When any offence under subsection (1) is committed, the Judicial Council may takecognizance of the offence and after giving the offender a reasonable opportunity of showingcause why he should not be punished for such offence, try such offender summarily, so far asmay be, in accordance with the procedure specified for summary trials under the Code ofCriminal Procedure, 1973 and if such offender is found guilty of committing the offence,
sentence him to imprisonment for a term which may extend to one year and also to fine whichmay extend to rupees twenty five thousand.`
(v) There should be a provision in the Bill of 2005 that every complainant and every personincluding a witness and a lawyer who participates in the investigation and inquiry, whether ornot he seeks confidentiality about his name, must undertake to the Judicial Council that he shallnot reveal his own name, name of the Judge complained against, the contents of the complaintor any of the documents or proceedings to anybody else including the media without the priorwritten approval of the Judicial Council. It will be for the Judicial Council to decide when and towhat extent the contents of the complaint shall be disclosed to the public. It must be made clearthat this is notwithstanding anything contained in the Right to Information Act 2005. Once theenquiry is completed before the Judicial Council, if `minor measures` are imposed on acomplaint procedure, the same can be published by the Judicial Council with the qualificationthat in the case of `private censure or admonition`, the name of the complainant and of theJudge concerned shall not be published. In the case of recommendation for removal since thereport is to be submitted to the Speaker/Chairman, it will be for the Speaker/Chairman to decidewhen such report can be published.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government provides any financial assistance to State Governments for settingup of consumer courts/forums;
(b) if so, the details of the amount allocated during each of the last three years, Statewise;
(c) the number of cases filed,pending and disposed of by the said courts/forums,Statewise;and
(d) the reasons for the pendency of said cases alongwith the steps taken/proposed to be takenfor the quick disposal off said cases?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): Yes, Madam. Statewise details of assistance released in the last 4 years are given atAnnex A.
(c): The requisite details of cases filed, disposed as well as pending are given at Annex B.
(d): The main reasons for pendency are institution of a large number of cases, limited number offora for disposal, usual adjudication procedure and vacancies at various levels. All the States/UTsare repeatedly requested to provide for better infrastructure and fill all the vacant posts so thatcases of consumer are disposed of quickly.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Union Government has recently decided to convert all the subordinate courts inthe country into the fast track courts within the next few months;
(b) if so, the details thereof, including the cost likely to be incurred for this purpose;
(c) whether the infrastructure facilities in various subordinate courts would be upgraded to thelevel of fast track courts;
(d) if so, the details thereof; and
(e) the time by which these proposals are likely to be implemented?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a): No, Madam.
(b): Does not arise.
(c)to(e): Provision of infrastructure facilities in subordinate courts is within the purview of therespective State Government. In order to provide support by augmenting the resources of theState Governments, Government of India has been implementing a Centrally Sponsored Schemesince 199394. Under this, financial assistance is provided on a sharing basis to StateGovernments for development of infrastructure facilities for the judiciary. The sharing ratio was50:50 upto 201011. This has been increased to 75:25 (75% central assistance) from the year201112.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the total number of fast track courts functioning in the country, Statewise;
(b) the number of fast track courts proposed to be set up during 201112;
(c) the total amount allocated for such courts during the last three years;
(d) the details of targets set for disposal of cases by these courts during the said period;
(e) the number of cases heard, disposed of and lying pending in these courts during the lastthree years, Statewise; and
(f) the steps taken/being taken to ensure transparency in disposal off cases?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) to (c): Fast Track Courts were set up on the recommendations of the 11th FinanceCommission for expeditious disposal of long pending sessions cases and the cases involvingunder trial prisoners for a period of 5 years first from 2000 to 2005. The period was extended by5 years from 20052010 and further extended by one more year i.e. 201011 by CentralGovernment. The Central Government has provided financial assistance to the StateGovernments for Fast Track Courts as per the norms of the approved scheme for the full periodfrom 200001 to 201011.The scheme has been discontinue, w.e.f. 31/03/2011. However,theState Governments can continue the Fast Track Courts from their own funds.
From the information made available by the State Governments / High Courts, 1192 Fast TrackCourts were functioning in the country as on 31.03.2011. Statewise details are at AnnexI. Thestatement indicating the central grant released to the State Governments for Fast Track Courtsduring the three years 200809, 200910, and 201011 is at AnnexII.
(d) to (f): The Finance Commission had recommended creation of 1734 new additional courtsagainst which 1192 Fast Track Courts were set up. A statement indicating the number of casestransferred to Fast Track Courts, disposed by these courts and those pending as on 31.03.2011,are at AnnexIll. The average disposal per court has been 251 cases in one year.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the number of sanctioned posts of Judges in Supreme Court,High Courts and SubordinateCourts in the country, Statewise;
(b) the total number of posts lying vacant at present, Statewise;
(c) the reasons for not filling up the vacant posts so far; and
(d) the steps taken by the Government to fill up the vacant posts to reduce the pendency ofcases?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b) : The Statement showing number of sanctioned posts and vacancies of Judges inSupreme Court of India and High Courts as on 09.03.2012 is at AnnexA. The Statementshowing sanctioned strength and vacancies of judges in District and Subordinate Courts, as on30.06.2011, is AnnexB.
(c) & (d) : Pursuant to the Supreme Court Judgment of October 6, 1993 read with their AdvisoryOpinion of October 28, 1998, the process of initiation of proposal for appointment of a Judge of aHigh Court rests with the Chief Justice of the concerned High Court and for appointment of aJudge in the Supreme Court rests with the Chief Justice of India. In this arrangement, largenumber of posts have remained vacant because the Government has not received proposals tofill these positions. The Government has been periodically reminding the Chief Justices of theHigh Courts to initiate proposals in time for filling the existing vacancies as well as the vacanciesanticipated in next six months in the High Courts.
Under Article 235 of the Constitution of India, the administrative control over the members ofsubordinate judiciary in the States vests with the concerned High Court and State Government.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government is aware of the increasing irregularities in the conduct of some ofthe judges in the country;
(b) if so, whether any such cases comes to the notice of the Government;
(c) if so, the action taken by the Government thereon and if not, the reasons therefor;
(d) the role of the proposed National Judicial Commission to ensure transparency in the judicialsystem and steps taken by the Government to revamp the judicial system in the country;
(e) whether the Government proposes any transparent methods for recruitment of judges; and
(f) if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) (b) & (c) : Allegations of irregularities in the judiciary have come to the notice of theGovernment. The complaints received against Judges of the Supreme Court and the High Courtsare, at present, dealt with in the manner discussed and laid down in the Conference of ChiefJustices held in 1990 and as summed up by the Chief Justice of India as for details in the Annex.The administrative control over the members of the subordinate judiciary in the States vestswith the concerned High Court and State Government under Article 235 of the Constitution ofIndia.
(d): There is a proposal to change the existing system for investigation into the complaints ofmisbehaviour or incapacity of a Judge of the Supreme Court or High Court as well as to enforcegreater accountability. A comprehensive Bill titled `The Judicial Standards and AccountabilityBill, 2010` has been introduced in the Parliament with this objective. The Bill, besides providingfor a comprehensive system for looking into the complaints as well as the penalties which can beimposed on the completion of the enquiry, lays down the judicial standards and also makes itincumbent on the Judges to declare their assets / liabilities.
(e) and (f) : The existing procedure for appointment of Judges of the Supreme Court of Indiaand the High Courts is based on the Supreme Court Judgment of October 6, 1993 in the case ofSupreme Court Advocates on Record & Anr. Vs Union of India and the Advisory Opinion datedOctober 28, 1998. This has been in vogue though this has b een largely debated in various foraand there have been demands to change the existing procedure. However, no decision has beenmade in regard to an alternative to the present system of selection and appointment of judges.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government proposes to set up more lower courts in the country to enablefaster disposal of court cases;
(b) if so, the details thereof;
(c) the funds allocated for the establishment of such courts during the last three years;
(d) the number of village courts set up in the country so far;
(e) the steps being taken by the Government to streamline the process of establishment ofvillage courts throughout the country;
(f) whether the Government proposes to transfer all the pending court cases from district courtsto the village courts for their speedy disposal; and
(g) if so, the details thereof;
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): As per the Constitutional provisions, the primary responsibility to set up SubordinateCourts in the country rests with the State Governments. The Central Government supplementsthe efforts of the States by providing central assistance under the centrally sponsored schemefor infrastructure in Subordinate Courts as well as for establishment of Gram Nyayalayas.
(c) Central Government has provided assistance of ` 883.61 crores to the State Governments /UTs for infrastructure development of judiciary during the last three years. Financial assistanceof `25.39 crores has been provided to States for setting up of Gram Nyayalayas.
(d) & (e) As informed by the State Governments, 153 Gram Nyayalayas have been notified sofar. Out of these 151 Gram Nyayalayas have started functioning. States are being encouraged toset up Gram Nyayalayas for which Central Government is providing assistance to States towardsnonrecurring expenses for setting up of Gram Nyayalayas subject to a ceiling of ` 18.00 lakhsper Gram Nyayalaya. The Central Government also provides assistance towards recurringexpenses for running these Gram Nyayalayas subject to a ceiling of ` 3.20 lakhs per GramNyayalaya per year for the first three years.
(f) & (g): Under the Gram Nyayalaya Act, 2008, the Gram Nyayalaya shall exercise both civil andcriminal jurisdiction in the manner and to the extent provided under this Act. The GramNyayalaya can take cognizance of an offence on a complaint or on a police report and shall (a)try all offences specified in Part I of the First Schedule; and (b) try all offences and grant relief, ifany, specified under the enactments included in Part II of that Schedule. The Gram Nyayalayashall also have jurisdiction to (a) try all suits or proceedings of a civil nature falling under theclasses of disputes specified in Part I of the Second Schedule; (b) try all classes of claims anddisputes which may be notified by the Central Government under subsection (I) of section 14and by the State Government under subsection (3) of the said section. Details of the First andSecond Schedule of the Gram Nyayalaya Act, 2008, are given in the Annexure.
Further, the District Court or the Court of Session, as the case may be, with effect from such dateas may be notified by the High Court, can transfer all the Civil or Criminal cases, pending beforethe court subordinate to it, to the Gram Nyayalaya competent to try or dispose of such cases.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the number of cases pending in the Supreme Court at present till date, Statewise;
(b) whether former judges have submitted any proposal regarding reduction of holidays in thecourts;
(c) if so, the details thereof; and
(d) the steps taken by the Government in this regard?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): As per the information received from the Supreme Court, Statewise number of pendingcases is not maintained by the Registry of the Supreme Court. Overall, 59059 matters have beenpending in the Supreme Court as on 01.03.2012. Out of them, 20470 matters are less than oneyear old and are not in arrears.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government is considering to amend Article 124 of the Constitution to stop postretirement engagement of the Supreme Court Judges and Chief Justice in remunerative legalwork;
(b) if so, the details thereof; and
(c) the steps taken by the Government in this regard?
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Supreme Court`s charter of values adopted in 1977, prohibit judges frompermitting close relatives to appear before them;
(b) if so, the details thereof;
(c) the number of complaints about the lack of integrity in a section of the judges; and
(d) the steps taken by the Government for checking various forms of judicial misconduct?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): The Supreme Court of India in its Full Court meeting on 07.05.1997 had adopted the``Restatement of Values of Judicial Life` to serve as a guide to be observed by Judges, essentialfor an independent, strong and respected judiciary, indispensable in the impartial administrationof justice. The said charter of values inter alia provides that a Judge should not permit anymember of his immediate family, such as spouse, son, daughter, soninlaw, or daughterinlawor any other close, relative, if a member of the Bar, to appear before him or even be associated inany manner with a cause to be dealt with by him.
(c): As per the `inhouse mechanism` of the higher judiciary, the Chief Justice of India iscompetent to receive complaints agaihst the conduct of the Judges of the Supreme Court and theChief Justices of the High Court. Similarly, the Chief Justices of the High Courts are competent toreceive complaints against the conduct of the Judges of their Courts. In view of this, the CentralGovernment do not maintain records of such complaints and it has no mechanism to monitor theaction taken on the same.
(d) : In order to ensure greater accountability and transparency in the higher judiciary, a Billtitled `The Judicial Standards and Accountability Bill, 2010` was introduced in Lok Sabha on01.12.2010. The Bill provides for a statutory mechanism for enquiring into individual complaintsagainst the judges of the High Court and Supreme Court, enabling declaration of assets andliabilities by the Judges besides laying down the judicial standards.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Supreme Court has given an advisory to the Government to amend the relevantlaws for award of death penalty to culprits accused of bride burning;
(b) if so, the details of the advisory made by the Supreme Court; and
(c) the reaction of the Government thereon and action taken thereto?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): The Government is not aware of any such advisory having been issued by the SupremeCourt.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government has any proposal to amend Indian Penal Code (IPC) to curbcorruption in private sector;
(b) if so, the details thereof; and
(c) the time by which the above proposal is likely to be implemented?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a)to(c): India is a signatory to the United Nations Convention against Corruption (UNCAC).Article 12 of the UN Convention against Corruption relates to corruption in private sector. Inorder to bring the domestic laws in conformance with the Article 12 of UNCAC, there is a proposalto amend the Indian Penal Code, 1860 to make bribery in private sector a criminal offence. SinceCriminal Law and Criminal Procedure fall in the Concurrent List of the Seventh Schedule to theConstitution of India, taking a view on the proposal is subject to receipt of the comments from allthe State Governments. No time frame can be fixed in this regard.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether there are large number of male judges at family courts;
(b) if so, the comparative details thereof, Statewise and genderwise; and
(c) the steps being taken to appoint more women judges in family courts?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): Judges of both the gender, female and male, are appointed to Family Courts. However, asper Section 4(4)(b) of the Family Courts Act,1984 preference is provided to be given to womenin selecting persons for appointment as Judges.
(b)&(c): Family Courts are set up by the State Governments in consultation with the respectiveHigh Court. As per Section 4(3) of the Family Courts Act, 1984 a person shall not be qualified forappointment as a Judge unless he; (a) has for at least seven years held a judicial office in Indiaor the office of a member of a tribunal or any post under the Union or a State requiring specialknowledge of law; or (b) has for at least seven years been an advocate of a High Court or of twoor more such Courts in succession; or (c) possesses such other qualifications as the CentralGovernment may, with the concurrence of the Chief Justice of India, prescribe. Thus, the judgesof the Family Court would be selected only if they satisfy the criteria laid down in the Act. Thoughthere is a provision for giving preference to women, it will be subject to their satisfying thecriteria. Since the selection is made at the subordinate level and data maintained by them andsince the incumbency position keeps on changing with time due to transfer etc., it is difficult toprovide the number statewise, genderwise.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether Government proposes to conduct a study to find out how the trial court judges havebeen psychologically impacted due to large number of pending cases;
(b) if so, the details thereof and the amount to be incurred thereon;
(c) the time by which the study is likely to be completed;
(d) whether the study will benefit the affected judges and also lessen the pendency of cases;and
(e) if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (e): Huge backlog of cases and high pendency in courts is one of the major problemaffecting both the judicial administration and justice delivery in India. The Ministry of Law andJustice had held a National Consultation for strengthening the judiciary towards reducing thependency and delays in October, 2009. The Consultation considered and deliberated upon theVision Document which was endorsed by a Resolution at the end of the Consultation. To realisethe objectives set out in the Vision Document, a National Mission for Justice Delivery and LegalReforms with the objective of pursuing several strategic initiatives which will include
(i) policy changes
(ii) reengineering of procedures
(iii) measures for human resource development
(iv) leveraging of information and communication technology for better justice delivery has beenset up. The Mission will pursue a coordinated approach for phased liquidation of arrears andpendency in the judicial administration. The National Mission has also a budget provision underthe head ‘Action Research and Studies on Judicial Reforms’ to undertake research studies. Nostudy has been undertaken to determine the psychological impact of pendency on judges nor isthere any proposal made by the National Mission to this effect.
Several steps have, however, been taken by the Government to reduce the pendency whichinteralia includes measures for strengthening the judicial system, reviewing the strength of thejudges from time to time and setting up of part time/special courts, improving infrastructure inthe courts and increasing use of ICT for court management as well as for providing citizencentric services at all levels starting from Supreme Court/High Courts to the district andsubordinate courts. Some of these initiatives are detailed further as under:
i) Increasing access by reducing delays and arrears in the system has been the constantendeavor of the Government. For this, several steps have been taken in the past both for making
structural changes as well as for monitoring the performance of the courts in so far as theirdisposal are concerned. The disposal has been accelerated by undertaking special drives, therecent one being from 1st July, 2011 to 31st December, 2011.
ii) The 11th Finance Commission had recommended setting up of fast track courts for which aprovision of Rs. 502.90 crores was made for 200005. This was extended later till 201011. Asper the reports received, 1192 fast track courts were functional in the country as on 31.3.2011.Nearly 33 lakh cases were disposed of by the fast track courts over a period of 11 years ofcentral assistance from 200001 to 201011. The 13th Finance Commission has recommended agrant of Rs.5000 crores for the states over a period of 5 years between 20102015. The amountwill be provided as a grant to the States for various initiatives such as
(i) Increasing the number of court working hours using the existing infrastructure by holdingmorning / evening / shift courts;
(ii) Enhancing support to Lok Adalats to reduce the pressure on regular courts;
(iii) Providing additional funds to State Legal Services Authorities to enable them to enhancelegal aid to the marginalized and empower them to access justice;
(iv) Promoting the Alternate Dispute Resolution (ADR) mechanism to resolve part of the disputesoutside the court system; (v) Enhancing capacity of judicial officers and public prosecutors through training programmes;
(vi) Supporting creation or strengthening of a judicial academy in each State to facilitate suchtraining;
(vii) Creation of the post of Court Managers in every judicial district and High Courts to assist thejudiciary in their administrative functions and
(viii) Maintenance of heritage court buildings. An amount of Rs 1353.623 crores has alreadybeen released to the States on this account.
iii) Under the central sector scheme for computerization of the District and Subordinate Courts(eCourts project) in the country and for upgradation of the ICT infrastructure of the SupremeCourt and the High Courts, a 9501 courts out of 14,229 courts as on 25.02.2012 in the countryhave been computerized. The balance courts would be computerized by 31.3.2014.
In the second phase, digitization, library management, efiling and establishment of datawarehouse are expected to be added to the ongoing computerization and performing of citizencentric services.
iv) The Gram Nyayalayas Act, 2008 has been enacted for establishment of Gram Nyayalayas atthe grass roots level for providing access to justice to citizens at their doorstep. The CentralGovernment is providing assistance to States towards nonrecurring expenses for setting up ofGram Nyayalayas subject to a ceiling of Rs 18.00 lakhs per Gram Nyayalaya. The CentralGovernment also provides assistance towards recurring expenses for running these GramNyayalayas subject to a ceiling of Rs 3.20 lakhs per Gram Nyayalaya per year for the first threeyears. As informed by the State Governments, 153 Gram Nyayalayas have been notified so far.Out of which 151Gram Nyayalayas have started functioning. An amount of ` 25.39 crores hasbeen released to the State Governments for establishment of Gram Nyayalayas during last threeyears.
v) A Centrally Sponsored Scheme for development of infrastructure facilities for the judiciary isbeing implemented since 199394 under which central assistance for construction of courtbuildings and residential quarters for judicial officers is released to augment the resources of theState Governments. An expenditure of Rs 1810.33 crore has been incurred by the CentralGovernment on this scheme so far.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the judicial activism is on the rise in the country;
(b) if so, the details thereof;
(c) whether the Government has constituted a Committee on Judicial Activism; and
(d) if so, the details thereof in this regard?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b) : Judiciary is independent in India and enjoys wide powers of judicial review. However,the three organs of State have, by and large, functioned within their respective domainsmaintaining the doctrine of checks and balances.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government has taken steps to ensure adequate representation of woman inthe judicial system; and
(b) if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): Appointment of Judges of the Supreme Court and High Courts is made under Articles124 and 217 of the Constitution of India respectively. These Articles do not provide forreseivation. However, the Government has been requesting the Chief Justices of High Courts tolocate, inter alia, women from the Bar for recommending for appointment as Judges of HighCourts.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Union Government has received any proposal to set up new bench of AllahabadHigh Court in Western Uttar Pradesh during the last three years;
(b) if so, the details thereof;
(c) whether the Government proposes to set up the said bench in Gautambudh Nagar of WesternUttar Pradesh;
(d) if so, the details thereof;
(e) if not, the reasons therefor;
(f) whether any proposal has been received from any of the State Governments for setting upsuch benches and circuit benches; and
(g) if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (e): In terms of Section 51 of the States` Reorganisation Act, 1956, setting up of Benchesof a High Court is considered by the Government of India after receipt of a complete proposalfrom the State Government, which has to have the consent of the Chief Justice of the concernedHigh Court and the Governor of the State. This is essential also because the State Government isrequired to provide necessary infrastructural facilities for establishrnent of a Bench of the HighCourt away from its principal seat and meet the entire expenditure of the High Court and itsBenches. The Chief Justice of the concerned High Court has to look after the daytodayadministration of the High Court and its Benches and depute Judges from the Principal Seat to itsBenches from time to time. During the last three years, the Union Government has not received any proposal from the StateGovernment of Uttar Pradesh for setting up bench of Allahabad High Court in Western UttarPradesh or in Gautambudh Nagar.
(f) and (g) The following four proposals for establishing Benches of High Courts have beenreceived from the State Governments: (i) Proposal received from the State Government of Karnataka for establishing two CircuitBenches of Karnataka High Court at Dharwad and Gulbarga as Permanent Benches. (ii) Proposal received from the State Government of West Bengal for establishment of circuitbench of the Calcutta High Court at Jalpaiguri. (iii) Proposal received from the State Government of Kerala for establishing a Bench of KeralaHigh Court at Thiruvananthapuram. (iv) Proposal received from the State Government of Himachal Pradesh for establishing of aBench of Himachal Pradesh High Court at Dharamsala.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the total number of morning/evening/shift/special judicial magistrate courts functioning ason date in the country, Statewise;
(b) the funds allocated to various States during the last three years; and
(c) the extent of success achieved therefrom and the number of pending cases disposed?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a): The information on functioning of morning/ evening/ shift/ holiday/special courts etc isfurnished by the States from time to time. The statement indicating Statewise number ofmorning/evening/shift/holiday/special courts etc. reportedly functioning as on 27.03.2012 inthe country is at AnnexI.
(b): The funds for morning/evening/shift/special/holiday courts etc. are being allocated fromthe grants given under the 13th Finance Commission commencing from 201011. A statementindicating the funds given to states in the last two financial years (201011 and 201112) formorning/evening/shift/holiday/special courts etc. is at AnnexII.
(c): As per the information available nearly 12.37 lakh cases havebeen disposed of by thesecourts.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the current status of eCourt Project for computerization of District and Subordinate courts;
(b) the total number of courts converted into eCourt and functioning as `paperless` courts,Statewise;
(c) whether the information relating to various cases is proposed to be uploaded on the website;and
(d) if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d): A Statement is laid on the Table of the House.
Statement referred to in reply to part (a) to (d) of the Lok Sabha Starred Question No.312 foranswer on 26.04.2012
(a & b): The eCourt project for computerization of district and subordinate courts has been underimplementation since 2007. The ICT enablement involves several steps starting from sitereadiness to installation of LAN/hardware and software deployment. The first phase of theproject envisages ICT enablement of 12,000 district and subordinate courts in the country by31st March, 2012. 9697 courts have been made ICT enabled as on 31st March, 2012. In respectof the remaining courts, the project is at different stages of implementation, details of which aregiven at Annex I. Statewise details of the ICT enabled courts are given at Annex II.
The eCourt functioning as paperless court will envisage connectivity of all district/taluka Courts,software convergence and connectivity with police station, prisons, forensic laboratories andother agencies besides facilities for audiovideo recording of court proceedings. This is notenvisaged in the current scope of the sanction for the project. However, this has been attemptedand tried successfully on a pilot basis in one court in Delhi and Gujarat each. This is a long termgoal which will need to be pursued and achieved over a period of time and will entail additionalinvestments. For the present, the project envisages ICT enablement and rendering ofcomputerized services to the stakeholders through the Judicial Service Centres, being set up ateach district/subordinate court. The project being in the implementation phase, there are severalcomponents which are being addressed. These, inter alia, include training of manpower andchange management strategies for securing smooth transition from manual to electronicmode,to be followed by business Process Reengineering which may entail amendments to theexisting codes and Manual prescribing the processes to be followed in the working in the courtsin the existing mode.
(c&d): Currently ICT enabled district/subordinate courts are providing information to citizensand advocates through Judicial Service Centres and website without intervention ofintermediaries, depending on their level of computerization. Generally, information on casestatus, causelist details of cases and Judgement/orders are being made available.Simultaneously, a pilot project in three High Courts for creation of National Judicial Data Grid hasbeen undertaken under the eCourt project in which the district/subordinate courts will uploadthe case data on real time basis. This is being done on an experimental basis to testcheck the
*The number of courts where software installed is more than the number of courts whereLAN is installed as the software is installed on existing systems in the district andsubordinate courts under the jurisdiction of Bombay, Karnataka and Gujarat HighCourts.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the rules regarding disposal time of cases related to chequebounce;
(b) whether such rules are being violated?
(c) if so, the reaction of the Government thereto;
(d) the number of cases which are still at hearing stage for more than 16 months; and
(e) the time by which pending cases are likely to be disposed off?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (e): The provisions relating to dishonour of cheque for insufficiency of funds, etc. arecontained in Section 138 of the Negotiable Instruments Act, 1881. Section 143 of the same Act,inter alia, empowers the Court to try offence of dishonour of cheque summararily in certaincases. The trial of a case under the Section shall, so far as practicable, be consistent with theinterest of justice, be continued from day to day until its conclusion, unless the Court finds theadjournment of the trial beyond the following day to be necessary for reasons to be recorded inwriting. Every trial under this Section shall be conducted as expeditiously as possible and anendeavour shall be made to conclude the trial within six months from the date of filing of thecomplaint. However,the hearing and disposal of the court cases under various laws including NegotiableInstruments Act, 1881 fall within the domain of Judiciary. No day to day records of courtproceedings at different stages are possible to maintain centrally. The matter relating to backlog of cases under Section 138 of Negotiable Instruments (NI) Act,1881 has been dealt with by the Law Commission in its 213th Report. It has been observed bythe Law Commission that over 38 lakh cheque bouncing cases have been pending in the variouscourts in the country. The State High Courts and State Governments have been requested byDepartment of Justice to set up special courts from out of the grants released by CentralGovernment under Thirteenth Finance Commission for expeditious disposal of cases pendingunder Section 138 of Negotiable Instruments Act. Simultaneously an Inter Ministerial Group hasbeen constituted to recommend necessary policy and legislative changes to deal with theproblem of pendency of cases under NI Act and suggest the way forward for expeditious disposalof such cases.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether any criteria have been fixed by courts or there is any rule for giving next data ofhearing in court cases;
(b) if so, the details thereof;
(c) whether courts are not adhering to these rules due to which several cases are lying pendingfor years and only next date of hearing is being given in such cases; and
(d) if so, the remedial measures taken by the Government in this regard?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d): The provisions with regard to adjournment of court proceedings in criminal and civilmatters are contained in Section 309 of the Code of Criminal Procedure, 1973 and Order XVII ofthe Code of Civil Procedure, 1908 respectively. Section 309 of the Code of Criminal Procedure,1973, interalia, provides that in every inquiry or trial the proceedings shall be held asexpeditiously as possible, and in particular, when the examination of witnesses has once begun,the same shall be continued from day to day until all the witnesses in attendance have beenexamined, and unless the Court finds the adjournment of the same beyond the following day tobe necessary for reasons to be recorded’. In terms of Order XVII of the Code of Civil Procedure, 1908 the court may, if sufficient cause isshown, at any stage of the suit, grant time to the parties or to any of them, and may from time totime adjourn the hearing of the suit for reasons to be recorded in writing provided that no suchadjournment shall be granted more than three times to a party during hearing of the suit. Butthe matters relating to day to day hearing and disposal of cases fall within the domain ofjudiciary. Under the Constitutional provisions, the control over district and subordinate courtsvests in the High Courts having jurisdiction over such courts. However, huge backlog of cases and high pendency in courts is not only on account ofadjournments alone. The data on disposal and institution of cases in the district and subordinatecourts as brought out by the Supreme Court quarterly shows that they are almost equal. Thatbeing it, the backlog is not reducing significantly and continuing to be a major problem affectingboth the judicial administration and justice delivery in India. The Government has set up aNational Mission for Justice Delivery and Legal Reforms which will be addressing the issues ofdelays and arrears in the judicial system as well enforcing better accountability at all levelsthrough a variety of methods which will include setting and monitoring of performance standard,enhancement of capacity through training at various levels etc. The 11th Finance Commission had recommended setting up of fast track courts for which aprovision of Rs. 502.90 crores was made for 200005. This was extended later till 201011. Asper the reports received, 1192 fast track courts were functional in the country as on 31.3.2011.Nearly 33 lakh cases were disposed of by the fast track courts over a period of 11 years ofcentral assistance from 200001 to 201011. The 13th Finance Commission has recommended agrant of Rs.5000 crores for the states over a period of 5 years between 20102015. The amountwill be provided as a grant to the States for various initiatives such as (i) Increasing the number of court working hours using the existing infrastructure by holdingmorning / evening / shift courts;
(ii) Enhancing support to Lok Adalats to reduce the pressure on regular courts; (iii) Providing additional funds to State Legal Services Authorities to enable them to enhancelegal aid to the marginalized and empower them to access justice; (iv) Promoting the Alternate Dispute Resolution (ADR) mechanism to resolve part of the disputesoutside the court system; (v) Enhancing capacity of judicial officers and public prosecutors through training programmes; (vi) Supporting creation or strengthening of a judicial academy in each State to facilitate suchtraining; (vii) Creation of the post of Court Managers in every judicial district and High Courts to assist thejudiciary in their administrative functions and (viii) Maintenance of heritage court buildings. An amount of ` 1353.62 crore has already beenreleased to the States on this account. Under the central sector scheme for computerization of the District and Subordinate Courts (eCourts project) in the country and for upgradation of the ICT infrastructure of the SupremeCourt and the High Courts, a 9914 courts out of 14,229 courts as on 31.03.2012 in the countryhave been computerized. The balance courts would be computerized by 31.3.2014. In thesecond phase, digitization, library management, efiling and establishment of data warehouseare expected to be added to the ongoing computerization and performing of citizen centricservices. The Gram Nyayalayas Act, 2008 has been enacted for establishment of Gram Nyayalayas at thegrass roots level for providing access to justice to citizens at their doorstep. The CentralGovernment is providing assistance to States towards nonrecurring expenses for setting up ofGram Nyayalayas subject to a ceiling of ` 18.00 lakhs per Gram Nyayalaya. The CentralGovernment also provides assistance towards recurring expenses for running these GramNyayalayas subject to a ceiling of ` 3.20 lakhs per Gram Nyayalaya per year for the first threeyears. As informed by the State Governments, 153 Gram Nyayalayas have been notified so far.Out of which 151Gram Nyayalayas have started functioning. An amount of 25.39 crore has beenreleased to the State Governments for establishment of Gram Nyayalayas during last threeyears. A Centrally Sponsored Scheme for development of infrastructure facilities for the judiciary isbeing implemented since 199394 under which central assistance for construction of courtbuildings and residential quarters for judicial officers is released to augment the resources of theState Governments. The expenditure on the scheme is now being shared by the Centre and theState Governments on 75:25 basis, except for States in North East Region, which is on 90:10basis. An expenditure of `1841 crore has been incurred on this scheme up to 31.3.2012.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether Government is contemplating to appoint the Court Managers with a view to ensureearly settlement of cases;
(b) if so, the details thereof; and
(c) the extent to which the appointment of Court Managers would benefit the common man andreduce the heavy backlog of pending cases in various courts?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) to (c) : Yes, Madam; an amount of Rs.5000 crores has been allocated on therecommendation of Thirteenth Finance Commission for five years from 201011 to 201415 forvarious initiatives to improve justice delivery system. Out of this, an amount of Rs.300 croreshas been allocated for employment of professionally qualified Court Managers to assist thejudges with a view to enhancing efficiency of court management, and resultant improvement incase disposal. The Court Managers will support the judges in performing administrative duties,thereby enabling the judges to devote more time to judicial functions. The post of Court Manageris proposed to be created in each judicial district to assist the Principal District and Sessionsjudges. Two posts of Court Manager are proposed to be created for each High Court, and one foreach Bench of the High Court. In case the High Court is of the opinion that one Court Managerwould be sufficient for more than one district, High Level Monitoring Committee of the State cantake a decision accordingly. An amount of Rs.80.54 crores has already been released to Statesfor this purpose.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the number of special courts constituted to dispose off the cases of corruptions during thelast three years in the country,Statewise; and
(b) the number of cases lying pending/disposed off in these courts during the above said period,Statewise?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a): In addition to the 56 courts already functioning for CBI cases in the countrys theGovernment decided to set up 71 additional special CBI courts. Of these, 62 CBI courts havestarted functioning. Statewise details of the newly created courts including their year ofestablishment are at AnnexI.
(b): As on 31.03.2012, there were 9926 CBI cases pending trial in various courts includingexclusive courts all over the country. In view of establishment of newly created exclusively CBIcourts, various cases are in the process of being transferred to these courts from the alredyexisting courts. As such, the exact number of cases in each court, statewise, cannot be provided.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government is preparing a roadmap for judicial reforms for providing quick andeffective justice and bringing in transparency in judicial process for litigants;
(b) if so, the details thereof;
(c) whether the Government proposes to bring structural changes for ensuring accountability atall levels;
(d) if so, the details thereof ; and
(e) the extent to which the Government has been able to plug loopholes in the judicial systemthrough efforts made in this regard?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (e) The Government has been jointly with the judiciary constantly endeavouring andworking towards providing quick and effective justice and bringing in transparency in the judicialprocess. The Government has set up a National Mission for Justice Delivery and Legal Reforms toachieve the twin goals of (i) increasing access by reducing delays and arrears; and (ii)enhancing accountability through structural changes and by setting performance standards andcapacities. The Mission is pursuing several strategic initiatives in a consolidated manner. Theseinitiatives are: (i) outlining policy and legislative changes(ii) reengineering of procedures andcourt processes (iii) focussing on Human Resource Development and (iv) leveragingInformation and Communication Technology & tools for better justice delivery.
The delivery of justice is getting delayed by the fact that there is a huge backlog of cases. To freethe criminal justice system of clogging, which is taking place on account of cases under theNegotiable Instruments Act, 1881 and the Motor Vehicle Act, 1988 serious efforts are beingmade to dispose them of on priority through special courts, Lok Adalats, Alternate DisputeResolution (ADR) mechanisms. Instructions have also been given the States to utilize fundsunder the Thirteenth Finance Commission for setting up special courts and morning / eveningcourts to dispose of such cases.
Frequent adjournment of court cases both in civil and criminal matters is known to be one of thebiggest problems afflicting the judicial system. In order to plug the loopholes, necessaryamendments have already been made to the Code of Criminal Procedure 1973 and the Code ofCivil Procedure, 1908 to regulate frequent adjournments.
Of late, National Court Management System has been conceived by the Hon`ble Chief Justice ofIndia for establishment. This would be addressing issues of case management, courtmanagement, setting standards for measuring performance of the courts and a national systemof judicial statistics in the country.
A Bill titled `The Judicial Standards and Accountability Bill, 2010` has been introduced in theParliament which provides for a comprehensive system for looking into the complaints ofmisbehavior or incapacity of a Judge of the Supreme Court or High Court as well as the penalties
which can be imposed on the completion of the enquiry. The Bill also lays down the judicialstandards and makes it incumbent on the Judges to declare their assets/liabilities.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the number of cases of crime against women registered in various courts during the lastthree years and the current year;
(b)the number of cases decided by the courts and the number of cases pending as on date;
(c) whether the Government proposes to set up separate fast track courts to dispose of cases ofcrime against women;
(d)if so, the details thereof; and
(e) if not, whether the Government has contemplated to bring any legal reform to dispose ofincreasing number of cases of crimes against women?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (e): As per National Crime Records Bureau (NCRB) data, a total of 195856, 203804 and213585 cases of crimes against women were registered during the years 2008, 2009 and 2010respectively. The disposal and pendency of court cases on crime against women fall within thedomain of judiciary. No separate data on the subject is available nor is being maintained byGovernment.
Police and Public Order being State subjects under the Constitution, primary responsibility ofprevention, detection, registration, investigation and prosecution of crimes, including the crimesagainst women, lies with the State Governments/UT administrations. The Government of Indiahas been advising them from time to time to give special attention to crimes against women.Ministry of Women and Child Development in Government of India has issued a detailed advisorydated 4th September, 2009 to all State Governments/UT Administrations which interaliaincludes setting up of Fast Track Courts.
Besides continuous efforts to bring down the pendency of cases, Government has enacted anumber of legislations for the protection of women. The review of these laws is carried out fromtime to time for amendments to improve their effectiveness as well as to bring about newlegislations, whenever required. The protection of Women from Domestic Violence Act wasenacted in 2005. A Bill for Protection of Women against Sexual Harassment at Workplace, wasintroduced in the Lok Sabha on 7lh December, 2010. Further, amendments in the Code ofCriminal Procedure (Cr PC) were carried out in the years 2005 and 2008 to strengthen the lawfor prevention of crime against women and to safeguard the interest of women.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the sanctioned strength of various nonjudicial posts in the High Courts and the SupremeCourt;
(b) the reservation policy pertaining to the appointment of SC/ST in nonjudicial posts;
(c) the vacancy in nonjudicial posts for SCs/STs in various High Courts and the Supreme Court;and
(d) the steps proposed to be taken up to fill up those vacancies?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d) : In accordance with the provisions of Article 146 (1) and (2) of the Constitution,appointment and conditions of service of the officers and servants of the Supreme Court is theconcern of the Chief Justice of India. Similarly, Article 229 of the Constitution provides that theappointments of officers and servants of a High Court shall be made by the Chief Justice of theCourt or such other Judge or officer of the Court as he may direct. As the matter regardingappointment of SC/ST in nonjudicial posts, vacancy position, filling up of those posts etc. comeunder the purview of the Supreme Court and the respective High Court, this information is notavailable with the Government.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Apex Court has ordered that special courts be set up to try offences that result instirs with damage to properties during various processions being organized in the country;
(b) if so, the details thereof; and
(c) the details of such courts that have since been set up in individual States/regions in thecountry?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): No, Madam; However, the Supreme Court of India has, in its judgement dated 16thApril, 2009, in Writ Petition (Crl.) No. 77 of 2007, considered the recommendations of JusticeK.T.Thomas Committee and Mr. F.S.Nariman Committee and laid down the following guidelines:
I. Wherever a mass destruction to property takes place due to protests or thereof, the High Courtmay issue suo motu action and set up a machinery to investigate the damage caused and toaward compensation related thereto.
ii. Where there is more than one state involved, such action may be taken by the Supreme Court.
iii. In each case, the High Court or Supreme Court, as the ca may be, appoint a sitting or retiredHigh Court judge or a sitting or retired District judge as a Claims Commissioner to estimate thedamages and investigate liability.
iv. An Assessor may be appointed to assist the Claims Commissioner.
v. The Claims Commissioner and the Assessor may seek instructions from the High Court orSupreme Court as the case may be, to summon the existing video or other recordings fromprivate and public sources to pinpoint the damage and establish nexus with the perpetrators ofthe damage.
vi. The principles of absolute liability shall apply once the nexus with the event that precipitatedthe damage is established.
vii. The liability will be borne by the actual perpetrators of the crime as well as organisers of theevent giving rise to the liability to be shared, as finally determined by the High Court orSupreme Court as the case may be.
viii. Exemplary damages may be awarded to an extent not greater than twice the amount of thedamages liable to be paid.
ix. Damages shall be assessed for:
(a) damages to public property; (b) damages to private property; (c) damages causing injury or death to a person or persons;
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether it is proposed to sanction around Rs. 450 crores for providing heritage architecturalstructures for various High Courts in the country;
(b) if so, the details thereof;
(c) whether the allocation under the Centrally Sponsored Scheme to support State Governmentsin providing infrastructure facilities to the Judiciary has increased five times; and
(d) if so, the details thereof, Statewise?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): Under the Thirteenth Finance Commission Grants, an amount of Rs.450 crores hasbeen allocated for restoration and conservation of 150 heritage court buildings. Of this, nearlyRs. 122 crores has been released to the States already.
(c) & (d): The financial assistance provided to States/UTs under Centrally Sponsored Scheme fordevelopment of infrastructure facilities for judiciary in 201011 was Rs. 142.74 crores.Considering the demands made by the State Governments for improvement in infrastructure ofsubordinate judiciary, the allocation was enhanced. Rs.595.54crores have been released toStates/UTs under the Scheme in 201112. An allocation of Rs.660 crores has been made for201213. Statewise details of funds released in 201112 is annexed;
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the reservation policy pertaining to the appointment of SC/ST/OBC/Minority/Women judges;
(b) the number of judges who are members of SC/ST/OBC/MinorityA/Vomen in every HighCourt and the Supreme Court; and
(c) the vacancies for the posts of SC/ST/OBC/Minority/Women judges in for the various HighCourts and the Supreme Court?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (c): Appointment of Judges of the Supreme Court and High Courts are made under Articles124 and 217 of the Constitution of India respectively. These do not provide for reservation.However, the Government has been requesting Chief Justices of High Courts that duerepresentation of Scheduled Castes, Scheduled Tribes, Other Backward Classes, notifiedMinorities and Women candidates may be kept in view while recommending names forappointment as Judges of High Courts.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Union Government has received any proposal from the State Government ofGujarat to authorize use of Gujarati language in the proceedings of Hon`ble High Court ofGujarat;
(b) if so. the details thereof; and
(c) the time by which the Government is likely to give consent to the proposal?
ANSWER
MINISTER OF LAW & JUSTICE (SHRI SALMAN KHURSHID)
(a) & (b): Yes, Madam. Advice of the Chief Justice of India has been sought on the proposal.
(c): The proposal shall be processed for approval of the competent authority after the advice ofthe Chief Justice of India is received.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government has requested the State Governments and High Courts to assessthe funds required for providing minimum facilities in courts complexes and to furnishassessment of expenditure;
(b) if so, the details of the estimated expenditure thereof, Statewise;
(c) whether the funds have been arranged to complete this scheme in the 11th Five Year Plan;
(d) if so, the funds provided to States so far and Statewise details thereof; and
(e) the time by which estimated amount will be provided for basic requirement in subordinatecourts and all requirements would be met for strengthening judicial system?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (e): The primary responsibility of providing infrastructure facilities for the subordinatejudiciary is that of the respective State Governments. It is the State Governments which laydown the basic requirements in this regard. However, to augment the resources of the StateGovernments, a Centrally Sponsored Scheme for development of infrastructure faculties forsubordinate judiciary has been under implementation since 199394. Under this scheme,Central assistance is being provided for construction of both the court buildings and residentialquarters for judicial officers.
The Government has increased its share of financial assistance by revising the earlier fundingpattern from 50:50 to 75:25 for States other than North Eastern States, from 201112 onwards.The funding pattern for the North Eastern States is 90:10 which has been in force w.e.f. 201011. An assessment of requirement of funds was made in 2011 at Rs. 7345 crore which would beneeded for infrastructure requirement of the subordinate judiciary for a period of five years from201112 to 201516. Statewise estimated requirement of funds is at AnnexI. The Scheme isproposed to be continued in the 12ch Five year Plan and an amount of Rs. 5000 crore as Centralshare, has been proposed for the 12th Plan Period.
Under the Scheme, Rs. 1840.90 crore have been provided to the States since its inception. Out ofestimated central share of Rs. 5510 crores, Rs. 595.54 crore have been released in 201112.Statewise details of funds released under the Scheme are at Annex II.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) Whether the Government has formulated any special scheme for the expeditious disposal ofcases of common people who are detained under the lighter sections of the IPC e.g. 294, 456etc. and who are not capable to hire legal aid;
(b) If so, the details thereof; and
(c) If not, whether the Government proposes to launch any such scheme as such persons spendas much time in jail during prosecution itself as their punishment too does not warrant?
ANSWER
MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (c): The Government of India undertook a pendency reduction drive from 1st July, 2011to 31st December, 2011. The Chief Justices of the High Courts were interalia requested toinitiate in a campaign mode clearance of iong pending cases, petty cases, cases relating tomarginalised groups and undertrials under prolonged incarceration. As per available information,about 1.33 Lakh undertrial have been released during the drive.
Besides, the Government has taken several other steps for reducing pendency and assistingmarginalised section of society. These are as follows:
(i) A National Mission for Justice Delivery and Legal Reforms has been set up with the twinobjectives of increasing access by reducing delays and arrears in the system and enhancingaccountability through structural changes and by setting performance standards and capacities.The Mission will pursue a coordinated approach for phased liquidation of arrears and pendencyin the judicial administration.
(ii) In order to improve the infrastructure in courts, a Centrally Sponsored Scheme fordevelopment of infrastructure facilities for the judiciary is being implemented since 199394under which central assistance for construction of court buildings and residential quarters forjudicial officers is released to augment the resources of the State Governments.
(iii) The Central Government is providing assistance to States for setting up of Gram Nyayalayasfor delivery of justice to citizens at their door steps. Under the Gram Nyayalayas Act, 2008, theGram Nyayalayas shall exercise both civil and criminal jurisdictions and follow summary trialprocedure in the manner and to the extent provided under the Act.
(iv) Computerization of the District and Subordinate Courts (eCourts project) has been taken upunder a centrally sponsored scheme with the objective of enhancing judicial productivity andmaking justice delivery system more affordable and cost effective.
(v) Fast Track Courts were set up on the recommendation of the 11th Finance Commission forexpeditious disposal of long pending sessions cases. The 13th Finance Commission has allocateda sum of Rs.5000 crore to be given as grants to the States for 5 years between 201015, forreducing pendency and improving justice delivery through the morning/evening/special courts,Alternate dispute resolution mechanism as well as for providing legal aid to those in need of it.
(vi) For legal empowerment of the marginalized people in India, an externally aided project`Access to Justice for Marginalized People in India1 is being implemented, in the selected 07States.
(vii) Legal Services are being provided by National Legal Services Authority (NALSA) to thecommon man through a scheme of trained ParaLegal Volunteers (PLVs) selected from thecommunity. The PLVs act as bridge between the legal services institution and the common man.In case of need, assistance of professional lawyers is also provided to weaker and marginalisedsections of society.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government proposes to create two new AllIndia Services, Indian JudicialService and India Legal Service;
(b) if so, the details thereof;
(c) the time by which these services are expected to come into force alongwith the details of thestrength of the two cadres; and
(d) the steps taken by the Government to tackle huge backlog of nearly 2.5 crore cases in thetrial courts?
ANSWER
MINISTER OF THE STATE IN THE MINISTRY OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (c) The Government is conscious of the need to recruit talented and experienced personsincluding lawyers as Judges. The Constitution was amended in 1977 to provide for an AH IndiaJudicial Service (AIJS) under Article 312 of the Constitution. There has been overwhelmingsupport in favour of AIJS later also by the Law Commission in its Reports, the First NationalJudicial Pay Commission, Committee on Centre State Relations and Department RelatedParliamentary Standing Committee. However, consensus on having AIJS has not been possiblein the consultations held with the State Governments and the State High Courts. But theGovernment proposes to pursue it by offering a more plausible and acceptable formulation ofAIJS.
As far as Indian Legai Service is concerned, the existing Indian Legal Service is not an All IndiaService and there is no proposal to create All India Indian Legal Service.
(d): Reducing the delay and arrears in courts has been the constant endeavour of theGovernment.For this, several steps have been taken in the past both for making structuralchanges as well as for monitoring the performance of the courts in so far as their disposal areconcerned. The disposal has been accelerated by undertaking special drives, the recent one beingfrom 1st July, 2011 to 31st December, 2011. Of late, the Government has set up a NationalMission for Justice Delivery and Legal Reforms which will be addressing the issues of delays andarrears in the judicial system as well enforcing better accountability at all levels through avariety of methods which will include setting and monitoring of performance standard,enhancement of capacity through training at various levels etc.
Besides, the Government of India has been assisting the States in many ways as under:
(i) The 13th Finance Commission has recommended a grant of Rs,5000 crores for the statesover a period of 5 years between 20102015. The amount is being provided as a grant to theStates for various initiatives such as (i) Increasing the number of court working hours using theexisting infrastructure by holding morning / evening / shift courts; (ii) Enhancing support to LokAdalats to reduce the pressure on regular courts; (iii) Providing additional funds to State LegalServices Authorities to enable them to enhance legai aid to the marginalized and empower themto access justice; (iv) Promoting the Alternate Dispute Resolution (ADR) mechanism to resolvepart of the disputes outside the court system; (v) Enhancing capacity of judicial officers and
public prosecutors through training programmes; (vi) Supporting creation or strengthening of ajudicial academy in each State to facilitate such training; (vii) Creation of the post of CourtManagers in every judicial district and High Courts to assist the judiciary in their administrativefunctions and (viii) Maintenance of heritage court buildings. An amount of Rs. 1353.62 croreshas already been released to the States on this account.
(ii) Under the Centra! Sector Scheme, 100% funds are being provided by Central Governmentfor computerization of the District and Subordinate Courts (eCourts project) in the country andfor upgradation of the iCT infrastructure of the Supreme Court and the High Courts. Out of14,229 courts, 9697 courts have been computerized in the country as on 31.03.2012. Thebalance courts would be computerized by 31.3.2014.
(iii) The Gram Nyayaiayas Act, 2008 has been enacted for establishment of Gram NyayaJayas atthe grass roots level for providing access to justice to citizens at their doorstep. The CentralGovernment is3 providing assistance to States towards non¬recurring expenses for setting up ofGram Nyayaiayas subject to a ceiling of Rs, 18.00 lakhs per Gram Nyayalaya. The Centra!Government also provides assistance towards recurring expenses for running these GramNyayaiayas subject to a ceiling of Rs 3,20 lakhs per Gram Nyayalaya per year for the first threeyears. As informed by the State Governments, 153 Gram Nyayaiayas have been notified already.Out of these 151 Gram Nyayaiayas have started functioning.
(iv) A Centrally Sponsored Scheme (CSS) for development of infrastructure facilities for thejudiciary is being implemented since 199394 under which central assistance for construction ofcourt buildings and residential quarters for judicial officers is released to augment the resourcesof the State Governments. The expenditure on the scheme is shared by the Centre and the StateGovernments on 75:25 basis, except for States in North East Region, which is on 90:10 basis. Anexpenditure of Rs.1841 Crore has been incurred on this scheme up to 31.03.2012 sinceinception.
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government is aware that the existing laws do not allow scrapping of postretirement benefits including pension of any judge of the Supreme Court £,\nd High Court whenhe/she resign even after being held guilty on corruption charges;
(b) if so, whether in view of increase in corruption charges against judges, the Governmentproposes to make suitable amendments in the law to punish the corrupt judges by denying themretirement benefits;and
(c) the reaction of the Government in this regard?
ANSWER
MINISTER OF THE STATE IN THE MINISTRY OF LAW & JUSTICE (SHRI SALMAN KHURS.HID)
(a): Articles 125 and 221 of the Constitution of India provide for entitlement of Judges of theSupreme Court and the High Courts respectively to salary, allowances and rights in respect ofleave of absence and pension as may from time to time be determined by law made byParliament. Their conditions of service are governed by The Supreme Court Judges (Salaries andConditions of Sei`vice) Act, 1958 and The High Court Judges (Salaries and Conditions o.fService) Act, 1954 and the Rules framed thereunder respectively. There is no provision in theselaws restricting post retirement benefits of Judges in case they resign.
(b) & (c): To ensure greater accountability and transparency in the higher judiciary, a Bill titledThe Judicial Standards and Accountability Bill, 2010` which incorporates a mechanism forenquiring into complaints against the Judges of the Supreme Court and the High Courts, enablingdeclaration of assets and liabilities of Judges and laying down judicial standards to be followed bythe Judges. It provides for issuance of advisories or warnings in case they are found guiltybesides their removal or resignation.
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