Lok Sabha Question No. 1671 (UNSTARRED), answered on 2017-07-26
Subject: Average Time taken for Disposal of Cases
Ministry: LAW AND JUSTICE
Asked by: ASHOK MAHADEORAO NETE

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †1671

TO BE ANSWERED ON WEDNESDAY, THE 26 TH  JULY, 2017.

## Average Time taken for Disposal of Cases

## †1671. SHRI ASHOK MAHADEORAO NETE:

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

- (a)  whether  the  courts  in  the  country  take  more  time  to  dispose  of  the  cases  as compared to the developed countries of the world;
- (b) if so, the details in this regard;
- (c) the average time taken by the Supreme Court, High Courts, District Courts and Subordinate Courts in the disposal of civil and criminal cases; and
- (d) the steps taken by the Government to streamline the system for speedy delivery of justice?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P. P. CHAUDHARY)

- (a) & (b): It may not be valid to compare the time taken for disposal of cases by courts in the country with the time taken by courts in developed countries.  The courts in various countries  operate  in  different  environment  on  account  of  difference  in  availability  of infrastructure  facilities,  use  of  technology,  number  of  judicial  officers  per  million  of population (judge-population ratio), docket ratio (population - case filing ratio), provisions of  substantive  laws  and  procedures  in  courts.    No  assessment  in  this  regard  has  been made.
- (c) : The Government does not maintain data on average time taken for disposal of cases in different courts.
- (d) : The Government has adopted a co-ordinated approach to assist judiciary for phased liquidation  of  arrears  and  pendency  in  judicial  systems,  which, inter-alia, involves  better court  infrastructure  including  computerisation,  increase  in  the  strength  of  subordinate

judiciary  and  initiating  policy  and  legislative  measures  in  the  areas  prone  to  excessive litigation and emphasis on human resource development.

In  addition  to  the  above,  following  steps  have  also  been  taken  by  the  Central Government in the matter.

- (i) The  sanctioned  strength  of  Judges  of  High  Courts  has  been  increased  from  906 judges to 1079 judges.  Total 173 posts were sanctioned between June 2014 and May, 2016.
- (ii) The sanctioned strength of the subordinate judiciary has been increased from 20,174 at the end of 2014 to 22,288 in December, 2016.
- (iii) National Legal Services Authority (NALSA) provides mechisms for access to justice for poor people in India, under the overall supervision of the Chief Justice of India as the Patron-in Chief.  It organised the National Lok Adalat in July, 2017.  More than 9.97 lakh cases including 5.33 lakh pending cases and 4.64 lakhs pre-litigation cases with the settlement amount of Rs.2,925 crores were disposed.
- (iv) 1824 redundant Central Acts have been identified for repeal.  So far, 1200 Acts have been repealed.
- (v) The Government has launched a nation-wide drive to reduce the number of cases pending in courts by curtailing the Government litigation.  The Minister of Law and Justice has written on 10 th April, 2017 to all Ministers of Central Ministries and Chief Ministers  of  States  to  launch  ' special  arrears  clearance  drives '  to  reduce  pending cases and minimize fresh litigations.
- (vi) Based  on  the  proposals  received  from  the  High  Court  Collegium,  during  the  year 2016, 126 fresh appointment of Judges in High Courts and 131 Additional Judges were made permanent, which is the highest number of appointments made in a given year.    In  addition,  the  tenure  of  22  Additional  Judges  of  High  Courts  was  also extended.    Besides,  based  on  the  proposal  received  from  the  Supreme  Court Collegium,  4  judges  were  appointed  in  the  Supreme  Court  in  2016.    During  the current  year  (2017),  05  Judges  have  been  appointed  in  the  Supreme  Court,  75 Judges in the High Courts and 28 Additional Judges have been made Permanent. Besides, 08 Chief Justices have been appointed in the High Courts.
- (vii) The 14 th Finance Commission has endorsed the proposal to strengthen the judicial system  in  States  which  includes, inter-alia ,  establishing  1800  Fast  Track  Courts (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.  4,144  crore.    The  14 th Finance Commission has urged State Governments to use the additional fiscal space provided by the Commission in the tax devolution to meet such requirements.  The Hon'ble Minister for Law and Justice has written to all Chief Ministers on 02 nd May, 2017 to make available the funds recommended by the 14 th Finance Commission to judiciary and to furnish the status of the implementation of the recommendations of the 14 th Finance Commission.

- (viii)  As per the resolution adopted in the Joint Conference held in New Delhi on 24 th April, 2016, the Government vide its letter dated 26 th September, 2016 requested the State Governments to strengthen the institutional mechanism between the State and the Judiciary  where  the  Chief  Secretary  and  his  team  and  2  or  3  Judges  of  the  High Court to regularly meet and monitor utilisation of plan fund and timely completion of infrastructure  and  eCourts  Mission  Mode  project.    The  States  have  also  been requested  to  assist  Judiciary  in  preparing  perspective  /  annual  plan  for  various activities to be undertaken in the justice sector on account of enhanced devolution of funds to the States under the 14 th Finance Commission.  In addition, the States were requested to provide technical manpower for ICT upgradation.
- (ix) The Government vide a letter dated 3 rd February 2017, addressed the Chief Justices of the 24 High Courts requesting them Court to advise the district judiciary to ensure effective  implementation  of  Section  436A  Code  of  Criminal  Procedure  and  ensure periodic monitoring of the associated Undertrial Review Committee Mechanism.
- (x) Commercial Courts, Commercial Division and Commercial Appellate Division of High Court  Act,  2015  has  been  notified  on  1 st January,  2016  to  have  a  streamlined procedure for the conduct of cases in the Commercial Division and in the Commercial Court by amending the Code of Civil Procedure, 1908 (CPC) for commercial cases so as to improve the efficiency and reduce delays in disposal of commercial cases.
- (xi) Necessary amendments have been made to Arbitration and Conciliation Act, 1996 to make  the  award  within  12  months,  to  resolve  the  dispute  through  fast  track procedure, to ensure neutrality of arbitrators, and to restrict uses of the term 'Public Policy of India' as a ground for challenging the award.
- (xii) The Negotiable Instruments (Amendment) Act 2015 has been notified to clarify the jurisdiction  where  cases  pertaining  to    dishonour  of  cheques  may  be  filed  and

provides  for  transfer  of  cases  to  the  appropriate  jurisdiction  and  consolidation  of multiple cases filed in different courts.

- (xiii)  The  Minister  of  State  for  Law  and  Justice vide a  letter  dated  7 th February  2017, addressed the Chief Justices of the all High Court requesting them to speed up the process  of  implementation  of  e-Court  Project  for  actualising  the  objectives  of  the Project.
- (xiv)  The  Government has approved a scheme of engaging 227 Nyaya Mitras in States where there are large number of pendency of court cases.  The Nyaya Mitras are required to assist the litigants who are suffering due to delay in investigations or trial, by  actively  identifying  such  cases  through  the  National  Judicial  Data  Grid  (NJDG). These Nyaya Mitras are meant to identify the bottlenecks due to which these cases are delayed.
- (xv)  The Government has also approved two legal aid and empowerment initiatives:' Pro bono legal services' and 'Tele Law Service'.  Under the Pro bono legal services an online database of lawyers and eligible litigants has been created.  As on date 140 lawyers  have  enrolled  under  the  scheme  to  provide  free  legal  aid  to  marginalized persons.    Under  the  Tele  Law  service,  legal  aid  is  mainstreamed  through  1800 Common Services Centres in selected Panchayats in U.P., Bihar and States of North East and J & K.  As on date a total of 568 cases have been registered in Tele Law portal for legal aid.
- (xvi)  In  pursuance  of  resolution  passed  in  the  Chief  Justices'  Conference  held  in  April, 2015,  High  Courts  have  set  up  Arrears  Committees  to  clear  the  backlog  of  cases pending  for  more  than  five  years.    The  Supreme  Court  has  also  constituted  an Arrears  Committee  consisting  of  two  Hon'ble  Judges  to  formulate  steps  to  reduce pendency of cases in High Courts and District Courts.
- (xvii) The Minister of State for Law and Justice has also written to all Chief Ministers on July 19, 2017 to use additional fiscal space provided by 14 th Finance Commission to set up Special Courts especially for the cases pertaining to crimes against women.

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