Lok Sabha Question No. 2728 (UNSTARRED), answered on 2019-12-04
Subject: Pending Court Cases
Ministry: LAW AND JUSTICE
Asked by: Sunil Kumar Pintu

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

## LOK  SABHA

## UNSTARRED QUESTION NO. 2728

TO BE ANSWERED ON WEDNESDAY, THE 04 th  DECEMBER, 2019.

## Pending Court Cases

## 2728.  SHRI SUNIL KUMAR PINTU:

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

- (a)  the  extent  to  which  reduction  in  the  number  of  pending  cases  in  various courts  of  the  country,  especially  in  Bihar  has  come  down  during  the  last  three years; and
- (b)  the measures taken /proposed to be taken at present for disposal of all kinds of court cases within stipulated time?

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

- (a) As per data available on National Judicial Data Grid (NJDG), the total number of pending cases during the last three years and the current year in all High Courts, Patna High Court, all District and Subordinate Courts of the country, and District and Subordinate Courts in the State of Bihar, is as under:
- (b) Disposal of cases in courts is within the domain of judiciary.  Timely disposal of cases in courts depends on several factors which, inter-alia , include availability of adequate  number  of  judges,  supporting  court  staff  and  physical  infrastructure, complexity  of  facts  involved,  nature  of  evidence,  co-operation  of  stake  holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures.

|   Sl. No. | Name of Court                                      | Number of Cases pending cases as on 31.12.2016   | Number of Cases pending as on 31.12.2017   | Number of Cases pending as on 20.12.2018   | Number of Cases pending as on 28.11.2019   |
|-----------|----------------------------------------------------|--------------------------------------------------|--------------------------------------------|--------------------------------------------|--------------------------------------------|
|         1 | All High Courts                                    | 40,15,147                                        | 34,27,462                                  | 49,79,033                                  | 44,89,758                                  |
|         2 | Patna High Court                                   | 1,34,459                                         | 1,45,056                                   | 1,49,920                                   | 1,68,123                                   |
|         3 | All District and Subordinate Courts of the country | 2,74,97,436                                      | 2,61,24,130                                | 2,92,11,615                                | 3,16,15,186                                |
|         4 | District and Subordinate Courts in Bihar           | 21,28,325                                        | 16,58,292                                  | 24,68,897                                  | 28,48,083                                  |

However,  the  Union  Government  is  committed  to  speedy  disposal  of cases and reduction in pendency of cases to improve access to justice in line with the mandate under Article 39A of the Constitution. The National Mission for Justice  Delivery  and  Legal  Reforms,  established  by  the  Union  Government  in 2011,  has  adopted  many  strategic  initiatives,  including  improving  infrastructure [court halls and residential units] for Judicial Officers of District and Subordinate Courts, leveraging Information and Communication Technology (ICT) for better justice  delivery,  filling  up  of  vacant  positions  of  Judges  in  High  Courts  and Supreme Court, reduction in pendency through follow up by Arrears Committees at District, High Court and Supreme Court level, emphasis on Alternate Dispute Resolution  (ADR) and initiatives  to  fast  track  special  type  of  cases.  The  major steps taken during the last five years under various initiatives are as follows:

- (i) Improving  infrastructure  for  Judicial  Officers  of  District  and  Subordinate Courts:  As  on  date,  Rs.  7,453.10  crores  has  been  released  since  the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94. Out of this, Rs.4,008.80 crores (which is 53.79% of the total amount released till date) has been released  to  the  States  and  UTs  since  April,  2014.  The  number  of  court halls  has  increased  from  15,818  as  on  30.06.2014  to  19,425  as  on 28.11.2019 and number of residential units has increased from 10,211 as on 30.06.2014 to 17,151 as on 28.11.2019 under this scheme. In addition, 2,814 court halls and 1,843 residential units are under construction.
- (ii) Leveraging Information and Communication Technology (ICT) for improved  justice  delivery:  Government  has  been  implementing  the  eCourts Mission Mode Project throughout the country for Information and Communication Technology enablement of district and subordinate courts. Number of computerized District & Subordinate courts has increased from 13,672  to  16,845  registering  an  increase  of  3,173  during  2014  till  date.

New  and  user-friendly  version  of  Case  Information  Software  has  been developed and deployed at all the computerized District and Subordinate Courts.  All stakeholders including Judicial Officers can access information relating to judicial proceedings/decisions of computerized District & Subordinate  Courts  and  High  Courts  on  the  National  Judicial  Data  Grid (NJDG). Currently, case status information in respect of over 12.23 crore pending  and  disposed  cases  and  more  than  10.26  crore  orders  / judgments pertaining to these computerized courts is available on NJDG. eCourts  services  such  as  details  of  case  registration,  cause  list,  case status,  daily  orders  &  final  judgments  are  available  to  litigants  and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, eCourts Mobile App, email service, SMS push & pull services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails

- (iii) Filling up of vacant positions in Supreme Court, High Courts and District and Subordinate Courts: From 01.05.2014 to 28.11.2019, 35 Judges were appointed  in  Supreme  Court.  489  new  Judges  were  appointed  and  427 Additional Judges were made permanent in the High Courts. Sanctioned strength of Judges of High Courts has been increased from 906 in May, 2014  to  1079  currently.  Sanctioned  and  working  strength  of  Judicial Officers in District and Subordinate Courts has increased as follows:
- (iv) Reduction  in  Pendency  through  /  follow  up  by  Arrears  Committees:  In pursuance of resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in High Courts to clear cases pending for more than five years.  Arrears Committees have been set up under District Judges too.  Arrears Committee has been constituted in the Supreme Court to formulate steps to reduce pendency of cases in High Courts and District Courts.
- (v) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015  (as  amended  on  20 th August,  2018)  stipulates  mandatory  preinstitution mediation and settlement of commercial disputes. Amendment

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 28.11.2019 | 23,564                | 18,125             |

to  the  Arbitration  and  Conciliation  Act,  1996  has  been  made  by  the Arbitration  and  Conciliation  (Amendment)  Act  2015  for  expediting  the speedy resolution of disputes by prescribing timelines.

- (vi) Initiatives  to  Fast  Track  Special  Type  of  Cases:  As  on  30.09.2019,  704 Fast  Track  Courts  are  functional  for  heinous  crimes,  crimes  against women  and  children,  family  and  matrimonial  disputes,  etc.  Further, Government  has  approved  a  scheme  for  setting  up  1023  Fast  Track Special  Courts  across  the  country  for  expeditious  disposal  of  pending cases under Rape and POCSO Act.

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