Lok Sabha Question No. 1124 (UNSTARRED), answered on 2017-02-08
Subject: Pending Court Cases
Ministry: LAW AND JUSTICE
Asked by: ANUPAM HAZRA, DUSHYANT CHAUTALA, RAYAPATI SAMBASIVA RAO, GOPAL CHINAYYA SHETTY, RATTAN LAL KATARIA, CHANDU LAL SAHU, REKHA ARUN VERMA, AJAY (TENI) MISRA, CHANDRA PRAKASH JOSHI, RANGASWAMY DHRUVANARAYANA, S.P. MUDDAHANUMEGOWDA, RAJU ALIAS DEVAPPA ANNA SHETTI, HARISH DWIVEDI, NISHIKANT  DUBEY, SHARAD TRIPATHI, HUKUM SINGH, RAJESH VERMA, OM BIRLA, M. B. RAJESH, RAHUL KASWAN, MANOJ RAJORIA, JAYSHREEBEN  PATEL

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 1124

## TO BE ANSWERED ON WEDNESDAY, THE 08 TH  FEBRUARY, 2017

## Pending Court Cases

## 1124. DR. ANUPAM HAZRA:

SHRI DUSHYANT CHAUTALA: SHRI RAYAPATI SAMBASIVA RAO: SHRI GOPAL SHETTY: SHRI RATTAN LAL KATARIA: SHRI CHANDU LAL SAHU: SHRIMATI REKHA VERMA: SHRI AJAY MISRA TENI: SHRI CHANDRA PRAKASH JOSHI: SHRI R. DHRUVA NARAYANA: SHRI S.P. MUDDAHANUME GOWDA: SHRI RAJU SHETTY: SHRI HARISH CHANDRA ALIAS HARISH DWIVEDI: SHRI NISHIKANT DUBEY: SHRI SHARAD TRIPATHI: SHRI HUKUM SINGH: SHRI RAJESH VERMA: SHRI OM BIRLA: SHRI M.B. RAJESH: SHRI RAHUL KASWAN: DR. MANOJ RAJORIA: SHRIMATI JAYSHREEBEN PATEL:

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

- (a)  the  details  of  the  civil  and  criminal  cases  pending  at  various  levels  in  the judiciary, State and district-wise;
- (b) the steps taken / being taken to address the high pendency of cases;
- (c) the details of the vacancies of judges at various levels in the judiciary;
- (d) the steps being taken to fill up these vacancies; and
- (e) the details of any other initiative taken by the Government to provide speedy justice to the citizens?

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

(a): The data on pendency of cases is maintained by Supreme Court and High Courts.

As per information made available by the Supreme Court of India 50,826 civil cases and

10,874 criminal cases were pending in Supreme Court of India as on 23.11.2016.  The details of pendency of civil and criminal cases in each of the High Courts and District / Subordinate Courts as on 31.03.2016 are given in the Statements at Annexure - I and Annexure - II respectively.

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

(c): The sanctioned strength of judges in the Supreme Court is 31 and 8 posts of judges are vacant as on 01.02.2017.  The sanctioned strength of judges in the High Courts is 1079  in  January,  2017.    433  posts  of  judges  in  the  High  Courts  are  vacant  as  on 01.02.2017 which includes 173 newly created posts.  The details of present strength and vacancy position of Judges in various High Courts are given at Annexure - III. The Appointment of Judges and Judicial Officers in the District and Subordinate Courts falls within the domain of the High Courts and State Governments concerned.

(d) : Filling up of the vacancies in the High Courts is a continuous process, as it requires consultation and approval from various Constitutional Authorities.  While every effort is made to fill  up  the  existing  vacancies  expeditiously,  vacancies  do keep on arising  on account  of  retirement,  resignation  or  elevation  of  Judges  and  increase  in  Judge strength.    In  view  of  the  large  number  of  vacancies  and  the  fact  that  the  process  of supplementing the existing Memorandum of Procedure (MoP) for improvement in the 'Collegium System' as per Supreme Court Order dated 16.12.2015 was likely to take some time, on the initiative of Government, the matter was taken up with the Supreme Court and the process of appointment of judges has been resumed.  During the year 2016, 126 fresh appointment of Judges in High Courts and 131 Additional Judges have been made permanent, which is the highest number of appointments made in the last 26  years.    In  addition,  the  tenure  of  22  Additional  Judges  of  High  Courts  was  also extended.  4 Judges have also been appointed in Supreme Court in 2016.  In 2017 (up to  31.01.2017),  4 fresh  appointments of Judges have also been made in High Court. The  subject  matter  relating  to  filling  up  of  vacancies  in  the  District  and  Subordinate

Courts  falls  within  the  domain  of  the  High  Courts  and  the  State  Governments concerned.    The  Central  Government  has  no  role  in  appointment  of  Subordinate Judiciary.

(e): 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.

***********

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 1124 FOR ANSWER ON 08 TH  FEBRUARY, 2017.

Number of Civil and Criminal cases Pending in High Courts as on 31.03.2016

| S. No.   | Name of the High Court   |   Civil cases |   Criminal cases |
|----------|--------------------------|---------------|------------------|
| 1        | Allahabad                |        554626 |           358412 |
| 2        | Andhra Pradesh           |        234612 |            38359 |
| 3        | Bombay                   |        202893 |            47995 |
| 4        | Calcutta                 |        181385 |            39826 |
| 5        | Delhi                    |         46739 |            16350 |
| 6        | Gujarat                  |         51856 |            33175 |
| 7        | Gauhati                  |         22081 |             4932 |
| 8        | Himachal Pradesh         |         26314 |             5603 |
| 9        | Jammu &Kashmir           |         52860 |             4841 |
| 10       | Karnataka                |        221857 |            20661 |
| 11       | Kerala                   |        122406 |            35604 |
| 12       | Madras                   |        255308 |            35515 |
| 13       | Madhya Pradesh           |        175326 |           103176 |
| 14       | Orissa                   |        128940 |            40280 |
| 15       | Patna                    |         79334 |            49017 |
| 16       | Punjab & Haryana         |        202058 |            83098 |
| 17       | Rajasthan                |        184694 |            63797 |
| 18       | Sikkim                   |            83 |               45 |
| 19       | Uttarakhand              |         19453 |             8268 |
| 20       | Chhattisgarh             |         31773 |            19327 |
| 21       | Jharkhand                |         42641 |            38853 |
| 22       | Tripura                  |          2342 |              505 |
| 23       | Manipur                  |          3123 |              126 |
| 24       | Meghalaya                |           568 |               39 |
|          | Total                    |       2843272 |          1047804 |

Source: Court News, January - March, 2016, published by Supreme Court of India.

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 1124 FOR ANSWER ON 08 TH  FEBRUARY, 2017.

## Number of Civil and Criminal cases Pending in District and Subordinate Courts as on 31.03.2016

| S.No.   | Name of State/UTs          |   Civil cases |   Criminal cases |
|---------|----------------------------|---------------|------------------|
| 1.      | Andhra Pradesh & Telangana |        492248 |           536989 |
| 2.      | Arunachal Pradesh          |          1630 |             8014 |
| 3.      | Assam                      |         68240 |           185401 |
| 4.      | Bihar                      |        337642 |          1748622 |
| 5.      | Chhattisgarh               |         64562 |           215223 |
| 6.      | Goa                        |         24403 |            16050 |
| 7.      | Gujarat                    |        656336 |          1473180 |
| 8.      | Haryana                    |        234223 |           296419 |
| 9.      | Himachal Pradesh           |         96683 |           122735 |
| 10.     | Jammu & Kashmir            |         47419 |            88676 |
| 11.     | Jharkhand                  |         64997 |           263525 |
| 12.     | Karnataka                  |        683139 |           607345 |
| 13.     | Kerala                     |        429061 |           973475 |
| 14.     | Madhya Pradesh             |        272399 |           936261 |
| 15.     | Maharashtra                |       1097351 |          1997420 |
| 16.     | Manipur                    |          3732 |             3406 |
| 17.     | Meghalaya                  |          3359 |            10732 |
| 18.     | Mizoram                    |          2232 |             2533 |
| 19.     | Nagaland                   |          1883 |             2397 |
| 20.     | Orissa                     |        267479 |           829248 |
| 21.     | Punjab                     |        245443 |           268265 |
| 22.     | Rajasthan                  |        479662 |          1036667 |
| 23.     | Sikkim                     |           400 |              933 |
| 24.     | Tamil Nadu                 |        649860 |           431916 |
| 25.     | Tripura                    |          9762 |           145645 |
| 26.     | Uttar Pradesh              |       1491145 |          4245179 |
| 27.     | Uttarakhand                |         31047 |           142392 |
| 28.     | West Bengal                |        566216 |          2089506 |
| 29.     | A & N Island               |          3286 |             5762 |
| 30.     | Chandigarh                 |         15449 |            22330 |
| 31.     | Daman & Diu                |           963 |              753 |
| 32.     | D & N Haveli               |          1549 |             2399 |
| 33.     | Delhi                      |        161181 |           411829 |
| 34.     | Lakshadweep                |           140 |              215 |
| 35.     | Pondicherry                |         13805 |            12550 |
|         | Total                      |       8518926 |         19133992 |

Source: Court News, January - March, 2016, published by Supreme Court of India.

Annexure-III STATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 1124 FOR ANSWER ON 08 TH  FEBRUARY, 2017. Statement showing the Approved Strength, Working Strength and Vacancies of Judges in the Supreme Court of India and the High Courts. (As on 01.02.2017)

| Sl. No.   | Name of the Court                     | Approved Strength   | Approved Strength   | Approved Strength   | Working Strength   | Working Strength   | Working Strength   | Vacancies as per Approved Strength   | Vacancies as per Approved Strength   | Vacancies as per Approved Strength   |
|-----------|---------------------------------------|---------------------|---------------------|---------------------|--------------------|--------------------|--------------------|--------------------------------------|--------------------------------------|--------------------------------------|
| A.        | Supreme Court of India                | 31                  | 31                  | 31                  | 23                 | 23                 | 23                 | 08                                   | 08                                   | 08                                   |
| B.        | High Court                            | Pmt.                | Addl                | Total               | Pmt.               | Addl               | Total              | Pmt.                                 | Addl                                 | Total                                |
| 1         | Allahabad                             | 76                  | 84                  | 160                 | 71                 | 12                 | 83                 | 05                                   | 72                                   | 77                                   |
| 2         | High Court of Judicature at Hyderabad | 46                  | 15                  | 61                  | 27                 | 0                  | 27                 | 19                                   | 15                                   | 34                                   |
| 3         | Bombay                                | 71                  | 23                  | 94                  | 56                 | 06                 | 62                 | 15                                   | 17                                   | 32                                   |
| 4         | Calcutta                              | 54                  | 18                  | 72                  | 37                 | 01                 | 38                 | 17                                   | 17                                   | 34                                   |
| 5         | Chhattisgarh                          | 17                  | 05                  | 22                  | 08                 | 03                 | 11                 | 09                                   | 02                                   | 11                                   |
| 6         | Delhi                                 | 45                  | 15                  | 60                  | 38                 | 0                  | 38                 | 07                                   | 15                                   | 22                                   |
| 7         | Gauhati                               | 18                  | 06                  | 24                  | 07                 | 10                 | 17                 | 11                                   | -04                                  | 07                                   |
| 8         | Gujarat                               | 39                  | 13                  | 52                  | 25                 | 06                 | 31                 | 14                                   | 07                                   | 21                                   |
| 9         | Himachal Pradesh                      | 10                  | 03                  | 13                  | 07                 | 02                 | 09                 | 03                                   | 01                                   | 04                                   |
| 10        | Jammu & Kashmir                       | 13                  | 04                  | 17                  | 09                 | 0                  | 09                 | 04                                   | 04                                   | 08                                   |
| 11        | Jharkhand                             | 19                  | 06                  | 25                  | 08                 | 05                 | 13                 | 11                                   | 01                                   | 12                                   |
| 12        | Karnataka                             | 47                  | 15                  | 62                  | 24                 | 06                 | 30                 | 23                                   | 09                                   | 32                                   |
| 13        | Kerala                                | 35                  | 12                  | 47                  | 25                 | 12                 | 37                 | 10                                   | 0                                    | 10                                   |
| 14        | Madhya Pradesh                        | 40                  | 13                  | 53                  | 18                 | 19                 | 37                 | 22                                   | -06                                  | 16                                   |
| 15        | Madras                                | 56                  | 19                  | 75                  | 54                 | 03                 | 57                 | 02                                   | 16                                   | 18                                   |
| 16        | Manipur                               | 04                  | 01                  | 05                  | 03                 | 0                  | 03                 | 01                                   | 01                                   | 02                                   |
| 17        | Meghalaya                             | 03                  | 01                  | 04                  | 03                 | 0                  | 03                 | 0                                    | 01                                   | 01                                   |
| 18        | Orissa                                | 20                  | 07                  | 27                  | 15                 | 03                 | 18                 | 05                                   | 04                                   | 09                                   |
| 19        | Patna                                 | 40                  | 13                  | 53                  | 24                 | 06                 | 30                 | 16                                   | 07                                   | 23                                   |
| 20        | Punjab & Haryana                      | 64                  | 21                  | 85                  | 45                 | 02                 | 47                 | 19                                   | 19                                   | 38                                   |
| 21        | Rajasthan                             | 38                  | 12                  | 50                  | 23                 | 11                 | 34                 | 15                                   | 01                                   | 16                                   |
| 22        | Sikkim                                | 03                  | 0                   | 03                  | 02                 | 0                  | 02                 | 01                                   | 0                                    | 01                                   |
| 23        | Tripura                               | 04                  | 0                   | 04                  | 03                 | 0                  | 03                 | 01                                   | 0                                    | 01                                   |
| 24        | Uttarakhand                           | 09                  | 02                  | 11                  | 07                 | 0                  | 07                 | 02                                   | 02                                   | 04                                   |
|           | Total                                 | 771                 | 308                 | 1079                | 539                | 107                | 646                | 232                                  | 201                                  | 433*                                 |

*Vacancies include 173 newly created posts of Judges from 01.07.2014 to 10.05.2016. *******************