Lok Sabha Question No. 6150 (UNSTARRED), answered on 2018-04-04
Subject: Village/Family/Lower Courts
Ministry: LAW AND JUSTICE
Asked by: M. B. RAJESH

## 6150. SHRI M.B. RAJESH:

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

- (a)  the  details  of  the  total  number  of  Village  Courts,  Lower  Courts,  Family  Courts  and tribunals functioning in the country at present, State-wise;
- (b) the funds allocated to the States in this regard during the last three years, Statewise; and
- (c) the total estimated number of courts required to be constituted for speedy disposal of pending cases in the country?

## ANSWER

## MINISTER OF  LAW & JUSTICE AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI  RAVI SHANKAR PRASAD)

- (a): The District and Subordinate Courts including Village Courts, Lower Courts, Family Courts etc . are set up by the State Governments in consultation with concerned High Courts.  The State / UT-wise details of District and Subordinate Courts as available on the National Judicial Data Grid (NJDG) are given in the Statement at Annexure - I . The details of Gram Nyayalayas notified and operationalised by State Governments are given in the Statement at Annexure - II .  The details of Family Courts, State-wise, functional as on 31.12.2017 are given in the Statement at Annexure III .    The  details  of  727  Special  Fast  Track  Courts  for  trial  of  cases  of  heinous  crimes,  involving senior citizens, women, children, physically challenged and persons affected with terminal ailments etc., functioning in various States are given in the Statement at Annexure - IV .  In addition, related High Courts and State Governments have set up 12 Special Courts to deal with criminal cases related to legislators.  Details are given in Annexure - V . Indian Law Institute (ILI) in its Report on the Merger of Tribunals in India (2016) has identified 36 Tribunals.
- (b): It is the primary responsibility of State Governments to provide adequate infrastructure for Subordinate Judiciary which includes court complexes / court halls and residential accommodation.

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

## LOK SABHA

## UNSTARRED QUESTION NO. 6150

## TO BE ANSWERED ON WEDNESDAY, THE 04 TH  APRIL, 2018.

## Village/Family/Lower Courts

The Union Government has been administering the Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary in order to augment the resources of State Governments in this regard in association with the States / UT Governments.  As on date, Rs. 6,100 crore has been released since the inception of the Scheme in 1993-94.  Out of this, Rs. 2,655 crore (43.52%) has been released to the States and UTs since April, 2014.  18,108 court halls and 14,963 residential accommodations have been made available for Judicial Officers of District and Subordinate Courts under this scheme as on date.  Out of this, 2,483 court halls and 1,431 residential accommodations have  been  constructed  since  April  2014  till  date.    In  addition,  3,161  court  halls  and  1,787 residential units are under construction.  The Central Government has approved continuation of the Centrally  Sponsored  Scheme  (CSS)  for  Development  of  Infrastructure  Facilities  for  Judiciary beyond the 12 th Five Year Plan period i.e. from 01.04.2017 to 31.03.2020 with an estimated outlay of Rs.3,320 crore. The State-wise details of sanction of funds under the above mentioned Scheme during last three years is given in a Statement at Annexure - VI.

In terms of Section 3 (1) of the Gram Nyayalayas Act, 2008, the State Governments are responsible  for  establishing  Gram  Nyayalayas  in  consultation  with  the  respective  High  Courts. Under the Central Government's Scheme  of ' Assistance to States for Establishing and Operationalising Gram Nyayalayas ',  the financial assistance is sanctioned only after the issue of notification  for  establishing  Gram  Nyayalayas  by  the  respective  State  Governments  and  their operationalisation.  The State-wise details of sanction of funds under the Gram Nyayalaya Scheme during last three years is given at Annexure - VII.

For setting up of Family Courts, the Union Government in its Memorandum to the 14 th Finance Commission had proposed an amount of Rs.541 crore for setting up of 235 Family Courts and an amount of Rs.4,144 crore for setting up of Fast Track Courts (FTCs) for trial of cases of heinous  crimes,  involving  senior  citizens,  women,  children,  physically  challenged  and  persons affected with terminal ailments etc .    The 14 th Finance Commission endorsed the proposal of the Union Government and urged the State Governments to use the additional fiscal space provided in the form of enhanced tax devolution from 32% to 42% to meet such requirements.

(c) : 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 required 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  judge  population  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 Committee) to examine the recommendations made by the Law Commission and to furnish its recommendations in this regard.  NCMS Committee submitted its report to the Supreme Court in March, 2016.  The report, inter-alia ,  observes 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 i.e. 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 the State Governments and High Courts to enable them to take follow up action to determine the required Strength of district and subordinate judiciary.

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## Statement referred to in Lok Sabha Sabha Unstarred Question No. 6150 for reply on 04.04.2018

| Statement showing details of courts, court complexes state-wise / UT-wise as available in NJDG on 29.03.2018   | Statement showing details of courts, court complexes state-wise / UT-wise as available in NJDG on 29.03.2018   | Statement showing details of courts, court complexes state-wise / UT-wise as available in NJDG on 29.03.2018   | Statement showing details of courts, court complexes state-wise / UT-wise as available in NJDG on 29.03.2018   |
|----------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------|
| Sr No                                                                                                          | State / UT                                                                                                     | Total Court Complexes                                                                                          | Total Courts                                                                                                   |
| 1                                                                                                              | Andaman and Nicobar                                                                                            | 4                                                                                                              | 13                                                                                                             |
| 2                                                                                                              | Andhra Pradesh                                                                                                 | 183                                                                                                            | 688                                                                                                            |
| 3                                                                                                              | Assam                                                                                                          | 62                                                                                                             | 346                                                                                                            |
| 4                                                                                                              | Bihar                                                                                                          | 46                                                                                                             | 1411                                                                                                           |
| 5                                                                                                              | Chandigarh                                                                                                     | 1                                                                                                              | 50                                                                                                             |
| 6                                                                                                              | Chhattisgarh                                                                                                   | 89                                                                                                             | 414                                                                                                            |
| 7                                                                                                              | Delhi                                                                                                          | 11                                                                                                             | 509                                                                                                            |
| 8                                                                                                              | Diu and Daman                                                                                                  | 2                                                                                                              | 10                                                                                                             |
| 9                                                                                                              | DNH at Silvasa                                                                                                 | 2                                                                                                              | 4                                                                                                              |
| 10                                                                                                             | Goa                                                                                                            | 15                                                                                                             | 69                                                                                                             |
| 11                                                                                                             | Gujarat                                                                                                        | 312                                                                                                            | 1206                                                                                                           |
| 12                                                                                                             | Haryana                                                                                                        | 63                                                                                                             | 707                                                                                                            |
| 13                                                                                                             | Himachal Pradesh                                                                                               | 39                                                                                                             | 227                                                                                                            |
| 14                                                                                                             | Jammu and Kashmir                                                                                              | 77                                                                                                             | 314                                                                                                            |
| 15                                                                                                             | Jharkhand                                                                                                      | 22                                                                                                             | 679                                                                                                            |
| 16                                                                                                             | Karnataka                                                                                                      | 188                                                                                                            | 982                                                                                                            |
| 17                                                                                                             | Kerala                                                                                                         | 124                                                                                                            | 524                                                                                                            |
| 18                                                                                                             | Madhya Pradesh                                                                                                 | 204                                                                                                            | 2212                                                                                                           |
| 19                                                                                                             | Maharashtra                                                                                                    | 465                                                                                                            | 2845                                                                                                           |
| 20                                                                                                             | Manipur                                                                                                        | 17                                                                                                             | 26                                                                                                             |
| 21                                                                                                             | Meghalaya                                                                                                      | 3                                                                                                              | 50                                                                                                             |
| 22                                                                                                             | Mizoram                                                                                                        | 8                                                                                                              | 17                                                                                                             |
| 23                                                                                                             | Orissa                                                                                                         | 114                                                                                                            | 521                                                                                                            |
| 24                                                                                                             | Punjab                                                                                                         | 82                                                                                                             | 805                                                                                                            |
| 25                                                                                                             | Rajasthan                                                                                                      | 237                                                                                                            | 1431                                                                                                           |
| 26                                                                                                             | Sikkim                                                                                                         | 4                                                                                                              | 45                                                                                                             |
| 27                                                                                                             | Tamil Nadu                                                                                                     | 240                                                                                                            | 1040                                                                                                           |
| 28                                                                                                             | Telangana                                                                                                      | 101                                                                                                            | 485                                                                                                            |
| 29                                                                                                             | Tripura                                                                                                        | 15                                                                                                             | 106                                                                                                            |
| 30                                                                                                             | Uttar Pradesh                                                                                                  | 161                                                                                                            | 2494                                                                                                           |
| 31                                                                                                             | Uttarakhand                                                                                                    | 26                                                                                                             | 254                                                                                                            |
| 32                                                                                                             | West Bengal                                                                                                    | 85                                                                                                             | 820                                                                                                            |
| Grand Total                                                                                                    | Grand Total                                                                                                    | 3002                                                                                                           | 21304                                                                                                          |

Details of Arunachal Pradesh, Nagaland, Lakshadweep and Puducherry are not available.

*****

| Sl. No.   | State       |   Notified |   Functional |
|-----------|-------------|------------|--------------|
| 1         | M P         |         89 |           89 |
| 2         | Rajasthan   |         45 |           45 |
| 3         | Karnataka   |          2 |            0 |
| 4         | Orissa      |         22 |           14 |
| 5         | Maharashtra |         39 |           24 |
| 6         | Jharkhand   |          6 |            1 |
| 7         | Goa         |          2 |            0 |
| 8         | Punjab      |          2 |            1 |
| 9         | Haryana     |          2 |            2 |
| 10        | UP          |        104 |            4 |
| 11        | Kerala      |         30 |           30 |
| Total     |             |        343 |          210 |

**********

Annexure - III Statement  referred  to  in  reply  to  part  (a)  of  the  Lok  Sabha  Unstarred Question  No.  6150  for  04.04.2018  regarding  'Village  /  Family  /  Lower Courts' raised by Shri M. B. Rajesh.

| Name of the States / UTs Andhra Pradesh, Telangana   | Number of Family Courts 29   |
|------------------------------------------------------|------------------------------|
| Assam, Arunachal Pradesh, Nagaland, Mizoram          | 4                            |
| Bihar                                                | 39                           |
| Chhattisgarh                                         | 22                           |
| Goa                                                  | 0                            |
| Gujarat                                              | 36                           |
| Haryana                                              | 13                           |
| Himachal Pradesh                                     | 0                            |
| Jammu & Kashmir                                      | 0                            |
| Jharkhand                                            | 24                           |
| Karnataka                                            | 25                           |
| Kerala                                               | 28                           |
| Madhya Pradesh                                       | 50                           |
| Maharashtra                                          |                              |
| Manipur                                              | 26 6                         |
| Meghalaya                                            | 0                            |
| Odisha                                               | 21                           |
| Punjab                                               | 5                            |
| Puducherry                                           | 2                            |
| Rajasthan                                            | 39                           |
| Sikkim                                               | 4                            |
| Tamilnadu                                            | 25                           |
| Tripura                                              | 3                            |
| Uttar Pradesh                                        | 76                           |
|                                                      | 12                           |
| Uttarakhand                                          |                              |
| West Bengal Total                                    | 2 506                        |

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## Annexure - IV Statement referred to in Lok Sabha Sabha Unstarred Question No. 6150 for reply on 04.04.2018

## Special Fast Track Courts

| Name of the States/UTs                      | Number of Fast Track Courts   |
|---------------------------------------------|-------------------------------|
| Andhra Pradesh, Telangana                   |                               |
| Assam, Arunachal Pradesh, Nagaland, Mizoram | 0                             |
| Bihar                                       | 55                            |
| Chhattisgarh                                | 21                            |
| Delhi                                       | 14                            |
| Goa                                         | 4                             |
| Gujarat                                     | 0                             |
| Haryana                                     |                               |
| Himachal Pradesh                            |                               |
| Jammu & Kashmir                             |                               |
| Jharkhand                                   | 14                            |
| Karnataka                                   | 0                             |
| Kerala                                      |                               |
| Madhya Pradesh                              |                               |
| Maharashtra                                 |                               |
| Manipur                                     |                               |
| Meghalaya                                   |                               |
| Odisha                                      | 0                             |
| Punjab                                      |                               |
| Puducherry                                  | 0                             |
| Rajasthan                                   | 0                             |
| Sikkim                                      |                               |
| Tamil Nadu                                  | 69                            |
| Tripura                                     |                               |
| Uttar Pradesh                               | 273                           |
| Uttarakhand                                 | 4                             |
| West Bengal                                 | 88                            |
| Total                                       | 727                           |

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## Annexure - V Statement referred to in Lok Sabha Sabha Unstarred Question No. 6150 for reply on 04.04.2018

## Special Courts to deal with criminal cases related to legislators

| Name of State   |   Number of Special Court |
|-----------------|---------------------------|
| Telengana       |                         1 |
| Tamilnadu       |                         1 |
| Karnataka       |                         1 |
| Bihar           |                         1 |
| Andhra Pradesh  |                         1 |
| Kerala          |                         1 |
| Maharashtra     |                         1 |
| Madhya Pradesh  |                         1 |
| Uttar Pradesh   |                         1 |
| West Bengal     |                         1 |
| Delhi           |                         2 |
| Total           |                        12 |

************

## Statement referred to in Lok Sabha Sabha Unstarred Question No. 6150 for reply on 04.04.2018

## Funds sanctioned during last three years under the Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary

(Rs. In Lakh)

| Sl. No.   | State               | Funds sanctioned in 2015-16   | Funds sanctioned in 2016-17   | Funds sanctioned in 2017-18   |
|-----------|---------------------|-------------------------------|-------------------------------|-------------------------------|
| 1         | Bihar               |                               | 5000.00                       | 4290.00                       |
| 2         | Gujarat             | 5000.00                       | 5000.00                       | 5000.00                       |
| 3         | Haryana             | 5000.00                       |                               | 1500.00                       |
| 4         | Himachal Pradesh    |                               | 819.00                        |                               |
| 5         | Jammu & Kashmir     | 1325.00                       | 2104.00                       | 1000.00                       |
| 6         | Jharkhand           | 3044.00                       |                               | 5000.00                       |
| 7         | Karnataka           | 5000.00                       | 5000.00                       | 5000.00                       |
| 8         | Kerala              |                               |                               | 2500.00                       |
| 9         | Madhya Pradesh      | 5000.00                       |                               | 5000.00                       |
| 10        | Maharashtra         | 5000.00                       | 4975.00                       | 5000.00                       |
| 11        | Punjab              | 5000.00                       | 4800.00                       | 5000.00                       |
| 12        | Rajasthan           | 5000.00                       | 4374.00                       | 1734.00                       |
| 13        | Tamil nadu          |                               | 5000.00                       |                               |
| 14        | Uttarakhand         |                               |                               | 2500.00                       |
| 15        | UttarPradesh        | 5000.00                       | 5000.00                       | 7500.00                       |
| 16        | West Bengal         |                               |                               | 1734.00                       |
|           | Total (A)           | 44369.00                      | 42072.00                      | 52758.00                      |
|           | NE States           |                               |                               |                               |
| 1         | Arunachal Pradesh   | 1593.00                       |                               |                               |
| 2         | Assam               |                               |                               | 2000.00                       |
| 3         | Manipur             | 2000.00                       |                               |                               |
| 4         | Meghalaya           | 2037.00                       | 2000.00                       | 863.00                        |
| 5         | Mizoram             |                               |                               | 2000.00                       |
| 6         | Nagaland            |                               | 2000.00                       | 2000.00                       |
|           | Total (B)           | 5630.00                       | 4000.00                       | 6863.00                       |
|           | UTs                 |                               |                               |                               |
| 1         | A & N Islands       |                               | 259.68                        |                               |
| 2         | Daman & Diu         |                               | 42.43                         |                               |
| 3         | Delhi               | 6,040.32                      | 5,000.00                      | 2,500.00                      |
| 4         | Lakshadweep         |                               |                               |                               |
| 5         | Pondicherry         | 259.68                        | 2500.00                       |                               |
|           | Total (C)           | 6300.00                       | 7802.11                       | 2500.00                       |
|           | Grand Total (A+B+C) | 56299.00                      | 53874.11                      | 62121.00                      |

*************

## Statement referred to in Lok Sabha Sabha Unstarred Question No. 6150 for reply on 04.04.2018

## Funds sanctioned during last three years under Gram Nyayalayas Scheme

(Rs. In Lakh)

| Sl. No.   | State         |   2015-16 |   2016-17 |   2017-18 |
|-----------|---------------|-----------|-----------|-----------|
| 1         | Orissa        |       211 |         0 |         0 |
| 2         | Maharashtra   |         0 |         0 |        79 |
| 3         | Uttar Pradesh |         0 |       500 |       346 |
| 4.        | Kerala        |         0 |         0 |       375 |
| Total     |               |       211 |       500 |       800 |

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