Lok Sabha Question No. 1433 (UNSTARRED), answered on 2017-12-27
Subject: Recommendation of Law Commission
Ministry: LAW AND JUSTICE
Asked by: BAIJAYANT "JAY" PANDA

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

## LOK SABHA

## UNSTARRED QUESTION NO. 1433

## TO BE ANSWERED ON WEDNESDAY, THE 27 TH  DECEMBER, 2017.

## Recommendation of Law Commission

## 1433. SHRI BAIJAYANT JAY PANDA :

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

- (a) whether the Government has taken any measures aimed at implementing the recommendations of the Law Commission to set up new Courts in the country;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether the Government is taking any steps to increase the Judge to
- population ratio in India; and
- (d) if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY)

(a) to (d) : The issue of setting up of new courts, particularly at the district and subordinate  level,  is  linked  to  the  number  of  sanctioned  posts  of  judicial officers.  The matter relating to the appointment of Judicial Officers in District and Subordinate Courts falls within the domain of State Governments and the High Courts.  In the case of Imtiyaz Ahmed versus State of Uttar Pradesh and others, the Supreme Court had asked the Law Commission of India to evolve a method for scientific assessment of the number of additional courts to clear the  backlog  of  cases.    In  245 th report  (2014),  the  Law  Commission  has observed that filing of cases per capita varies substantially across geographic units  as  filings  are  associated  with  economic  and  social  conditions  of  the population.    As  such  the  Law  Commission  did  not  consider  the  judgepopulation ratio to be a scientific criterion for determining the adequacy of the judge  strength  in  the  country.    The  Law  Commission  found  that  in  the absence of complete and scientific approach to data collection across various High  Courts  in  the  country,  the  'Rate  of  Disposal'  method  to  calculate  the number of additional judges required to clear the backlog of cases as well as to ensure that new backlog is not created, is more pragmatic and useful.

In  May, 2014, the Supreme Court asked the State Governments and the High Courts to file their response to the recommendations made by the Law Commission.  In August 2014, the Supreme Court asked the National Court Management System Committee (NCMS) to examine the recommendations  made  by  the  Law  Commission  and  to  furnish  their recommendations in this regard.  NCMS submitted its report to the Supreme Court in March, 2016.  It has, inter-alia ,  observed that in the long term, the judge  strength  of  the  subordinate  courts  will  have  to  be  assessed  by  a scientific  method  to  determine  the  total  number of  ' Judicial  Hours '  required for disposing of the case load of each court.  In the interim, the Committee has  proposed  a  ' weighted '  disposal  approach  -  disposal  weighted  by  the nature and complexity of cases in local conditions.  As per the direction of the Hon'ble  Supreme  Court  in  its  Order  dated  02.01.2017,  the  Department  of Justice has forwarded a copy of interim report of the NCMS Committee to all State Governments and High Courts to enable them to take follow up action to  determine the required Judges Strength of district judiciary based on the NCMS report.

As  on  01.12.2017,  there  are  22,677  sanctioned  posts  of  Judicial Officers in all the States.  Of these posts, 16,693 are filled up and 5,984 are vacant.    The  recruitment  and  appointment  to  these  posts  is  done  by  the respective  High  Courts  in  coordination  with  the  State  Governments,  and  in some States with State Public Service Commissions.

The Central Government has provided funds for constructions of court halls  and  residential  accommodation for judicial  officers  under  the  Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary. Under this Scheme, 17,848 court halls and 14,315 residential units have been constructed  till  now  and  2,913  court  halls  and  1,682  residential  units  are under construction.  This Scheme has been extended till 31.03.2020 with an additional outlay of Rs.3,320 crores.

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