Lok Sabha Question No. 5130 (UNSTARRED), answered on 2017-04-05
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. 5130.

## TO BE ANSWERED ON WEDNESDAY, THE 5 TH  April. 2017

## Recommendation of Law Commission

## 5130. 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;
- (c) if not, the reasons therefor;
- (d) whether  the  Government  is  taking  any  steps  to  increase  the  judge  to
- population ratio in India;
- (e) if so, the details thereof ; and
- (f)  if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

## (SHRI P. P. CHAUDHARY)

(a)  to  (f)  :  The  matter  relating  to  the  appointment  of  Judges  /  Judicial  Officers  in District  and  Subordinate  Courts  falls  within  the  domain  of  State  Governments  and the  High  Courts.    However,  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 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) 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.    The  matter  is sub-judice before  the  Supreme  Court,  at present.    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   Strength of Judges in  district judiciary based on the NCMS report.

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