Lok Sabha Question No. 875 (UNSTARRED), answered on 2017-12-20
Subject: Case Flow Management Rules
Ministry: LAW AND JUSTICE
Asked by: BALKA SUMAN

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

## LOK SABHA

## UNSTARRED QUESTION NO. 875

## TO BE ANSWERED ON WEDNESDAY, THE 20 TH  DECEMBER, 2017.

## Case Flow Management Rules

## 875. SHRI SUMAN BALKA:

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

- (a) whether the Government is aware of the Case Flow Management Rules that are laid out to effectively deal with cases in a time-bound manner at different levels of judiciary;
- (b) if so, the details thereof;
- (c) whether the Government is aware of the Supreme Court's report of 2012 on the topic of national  common  standards  on  Case  Flow  Management  to  be  applied  across  all  High Courts;
- (d)  if  so,  the  status  of  implementation  of  the  same  and  reasons  for  delay  if  any  and  if  not implemented till date the reasons therefor; and
- (e)  the  steps  taken  by  the  Government  to  ensure  implementation  of  these  model  rules  to reduce time periods for litigation and the pendency of cases?

## ANSWER

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

- (a) & (b): Yes, Madam.  The Law Commission has prepared Model Case Flow Management Rules for  trial  courts,  subordinate  appellate  courts  and  High  Courts  following  the  request  from  the Supreme Court in Salem Bar Association versus Union of India case.
- (c) & (d): Yes, Madam.  The Supreme Court of India with an objective to revisit and implement the recommendations of Law  Commission  of India in its various reports to promote Court Management, Case Management and improve Administration of Justice, established the scheme of National Court Management Systems (NCMS) in 2012 for enhancing timely justice under overall control  of  Chief  Justice  of  India.    A  National  Court  Management  System  Committee(NCMS Committee) was constituted by the Supreme Court to facilitate development of policy initiative in order  to  reform  and  strengthen  the  judicial  system  and  enhance  quality  and  responsiveness  of judicial  administration.    The  Policy  and  Action  Plan  of  the  NCMS  provides  for  proposals  to  be developed  by  the  NCMS  Committee  on  setting  measurable  performance  standards  for  courts, adoption of case management systems, standardization of judicial data and statistics and adoption of human  resource  plan  for  courts.    The  plan, inter-alia ,  outlines  a  broad  framework  for  case management,  which  includes  settling  issues,  encouraging  parties  to  resort  to  Alternate  Dispute Resolution, extensive use of Order X of Code of Civil Procedure, 1908 in civil matters and fixing a time schedule for resolution of cases.  However, it was left open to High Courts to implement the recommendations relating to case management.
- (e): 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 providing better court infrastructure computerisation, increase in the strength of subordinate judiciary and initiating policy and legislative measures in the areas prone to excessive litigation and emphasis on human resource development.  The implementation of rules relating to Case Flow management falls within the ambit of respective High Courts in their areas of jurisdiction.

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