Lok Sabha Question No. 22 (UNSTARRED), answered on 2016-11-16
Subject: Judicial Reforms
Ministry: LAW AND JUSTICE
Asked by: KAMLA DEVI PATLE

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

## LOK SABHA

## UNSTARRED QUESTION NO. †22

## TO BE ANSWERED ON WEDNESDAY, THE 16 TH  NOVEMBER, 2016

## Judicial Reforms

## †22. SHRIMATI KAMLA DEVI PAATLE:

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

- (a) whether the Government has any proposal for judicial reforms in the country and if so, the details thereof;
- (b) the number of village courts to be established in the country during the last three years and the current year;
- (c)  whether  all  the  village  courts  are  functioning  with  the  desired  number  of judges;
- (d)  if  so,  the  details thereof  and if  not,  the  proposals of the Government in this regard; and
- (e)  the  improvement  noticed  in  the  judicial  system  of  the  country  after  the establishment of village courts?

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

(a)  to  (e):  Government  has  set  up  National  Mission  for  Justice  Delivery  and  Legal Reforms with the twin objectives of increasing access by reducing delays and arrears in the  system  and  enhancing  accountability  through  structural  changes  and  by  setting performance standards and capacities.  The Mission has been pursuing a co-ordinated approach  for  phased  liquidation  of  arrears  and  pendency  in  judicial  administration which, inter-alia ,  involves  better  infrastructure  for  courts  including  computerization, increase in manpower strength of judiciary, suggesting policy and legislative measures in  the  areas  prone  to  excessive  litigation,  recommending  re-engineering  of  court procedure for quick disposal of cases and emphasis on human resource development.

Subordinate  Courts  including  Gram  Nyayalayas  are  set  up  by  the  State Governments in consultation with the High  Court concerned.    Section  3  of  the  Gram Nyayalayas  Act,  2008  provides  for  establishment  of  Gram  Nyayalayas.    It  is  for  the State  Government  to  appoint  a  Gram  Nyayadhikari  for  every  Gram  Nyayalaya  in consultation with High Court in terms of the Section 5 of the Act.

As  per  information  available,  291  Gram  Nyayalayas  have  been  notified  by  10 States,  out  of  these,  175  are  operational.    Year-wise  and  State-wise  details  of  Gram Nyayalayas notified during last three years and current year are given below .

|   Sl. No. | Name of State   | 2013   | 2014   | 2015   | 2016   |
|-----------|-----------------|--------|--------|--------|--------|
|         1 | Maharashtra     | 1      | 8      | 4      | -      |
|         2 | Odisha          | 2      | -      | -      | -      |
|         3 | Punjab          | 2      | -      | -      | -      |
|         4 | Haryana         | 2      | -      | -      | -      |
|         5 | Uttar Pradesh   | -      | 12     | -      | 92     |

Majority  of  States  have  now  set  up  regular  courts  at  Taluka  level.    Further, reluctance of police officials and other State functionaries to invoke jurisdiction of Gram Nyayalayas,  lukewarm  response  of  the  Bar,  non-availability  of  notaries  and  stamp vendors, problem of concurrent jurisdiction of regular courts are other issues indicated by  the  States  which  are  coming  in  the  way  of  operationalization  of  the  Gram Nyayalayas.

The issues relating to implementation of Gram Nyayalayas Scheme in the States were  discussed  in  the  Conference  of  Chief  Ministers  of  States  and  Chief  Justices  of High Courts on 7 th April, 2013 wherein it was decided that the State Governments and High Courts should be left to decide the question of establishment of Gram Nyayalayas, wherever feasible, taking into account their local problems.  The focus is, therefore, on setting up Gram Nyayalayas where regular courts have not been set up.