Lok Sabha Question No. 4599 (UNSTARRED), answered on 2017-03-29
Subject: Vacancies in Courts
Ministry: LAW AND JUSTICE
Asked by: ANIRUDHAN SAMPATH

## 4599   DR. A. SAMPATH

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

- (a) whether the Government is aware of the large number of vacancies in clerical and office Assistant post in many District and High Courts of the country;
- (b) if so, the details of the number of vacancies in clerical and office Assistant posts, District Courts and High Courts-wise; and
- (c) whether these vacancies have led to severe stagnation of cases in many Courts and  if so, the steps taken by the Government to rectify the same?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE & ELELCTRONICS AND INFORMATION TECHNOLOGY

## (SHRI P.P. CHAUDHARY)

- (a) &  (b)  Information  relating  to  vacancies  in  non-judicial  staff  in  High  Courts  and subordinate judiciary is centrally not maintained as the matter comes under the purview of the High Courts and State Governments.
- (c)    Disposal  of  pending  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.

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

## LOK SABHA

## UNSTARRED QUESTION NO.4599

## TO BE ANSWERED ON WEDNESDAY, THE 29 th  MARCH, 2017

## Vacancies in Courts

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

## LOK SABHA

## UNSTARRED QUESTION NO.4518

TO BE ANSWERED ON WEDNESDAY, THE 29 th  MARCH, 2017

## Holidays in Judiciary

- 4518   SHRI SUBHASH PATEL: DR. BHARATIBEN D. SHYAL: SHRI RAMSINH RATHWA:

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

- (a) whether there are highest number of holidays in the judiciary in comparison to the executive and legislature and if so, the reasons therefor;
- (b) whether reducing the number of holidays, having courts work on Sundays, filling up  all  the  vacancies  of  Judges  at  a  fast  rate  and  restricting  the  numbers  of hearings could be helpful for early disposal of all the pending cases; and
- (c) if so, the details of the steps being taken by the Government in this regard?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE & ELELCTRONICS AND INFORMATION TECHNOLOGY

## (SHRI P.P. CHAUDHARY)

- (a)to (c):  Working days/hours and duration of vacations in the Supreme Court and in the High Courts are regulated by Rules framed by the respective Court.  The working  days  as  well  as  working  hours  of  the  District/Subordinate  Courts  are regulated by the respective High Court.

Disposal of cases pending 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.

Filling up of vacancies of Judges in the Supreme Court and High Courts is a continuous and collaborative process of the Judiciary and Executive involving various  Constitutional  Authorities.    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 the appointment of Subordinate Judiciary.

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

## LOK SABHA

## UNSTARRED QUESTION NO.4433

TO BE ANSWERED ON WEDNESDAY, THE 29 th  MARCH, 2017

## Hindi and Other Regional Languages in Courts

## 4433   SHRI AJAY MISRA TENI:

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

- (a) whether the Government is considering to make use of Hindi and other  regional languages in the proceedings of High Courts compulsory;
- (b)     if so, the details thereof; and
- (c) the efforts made by the Government so far for use of Hindi and  other regional languages in the proceedings of court?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE & ELELCTRONICS AND INFORMATION TECHNOLOGY

## (SHRI P.P. CHAUDHARY)

(a) to (c) : In terms of the provisions under Article 348 (2) of the Constitution and Section 7 of the Official Language Act, 1963, use of Hindi has been authorized in the Proceedings as well as in the Decree, Judgments in the High Courts of the States of Rajasthan, Madhya Pradesh, Uttar Pradesh and Bihar.

The requests relating to use  of Tamil, Hindi & Gujrati languages in the High Courts of Madras, Chhattisgarh and Gujrat respectively were forwarded to Hon'ble the Chief Justice of India in accordance with the decision dated 21.05.1965 of the Cabinet Committee  which  required  that  consent  of  Hon'ble  the  Chief  Justice  of  India  be obtained on any proposal relating to use of a language other than English in the High Court.

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Hon'ble the Chief Justice of India on 18.01.2016 has conveyed that the Full Court, after extensive  deliberations, did not  favour the proposals  and    reiterated  the Resolution which was adopted on 07.05.1997 and was reiterated on 15.12.1999 and on 11.10.2012, also keeping in view the Cabinet Committee decision dated 21.5.1965.

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