Lok Sabha Question No. 2029 (UNSTARRED), answered on 2019-07-03
Subject: Judicial Impact Assessment
Ministry: LAW AND JUSTICE
Asked by: Shashi Tharoor

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 2029

## TO BE ANSWERED ON WEDNESDAY, THE 03 RD  JULY, 2019.

## Judicial Impact Assessment

## 2029. DR. SHASHI THAROOR:

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

- (a)  whether  the  Government  would  consider  introducing  the  system  of  Judicial Impact Assessment (JIA) to determine the effect and impact of new legislations
- on the work load in courts;
- (b) if so, the details thereof along with the time frame by which JIA will be adopted; and
- (c) if not, the reasons therefor?

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

(a)  to  (c):  A  Task  Force  on  ' Judicial  Impact  Assessment '  was  constituted  by  the Government on directions of the Supreme Court of India, in the matter of Salem Advocates Bar  Association versus Union  of  India,  under  the  chairmanship  of  Justice  Shri  M. Jagannadha Rao (Retd.), former Judge of the Supreme Court and former Chairman, Law Commission of India. The Task Force submitted its report on 15 th June, 2008, which was placed before the Supreme Court of India.

The  Terms  of  Reference  of  the  Task  Force, inter-alia, included  suggesting  the methodology  to  assess  the  likely  impact  of  legislation  on  the  courts  and  also  an appropriate framework so that every Bill introduced in Parliament be accompanied by a Judicial Impact Assessment which makes an assessment of financial requirements.  The Task  Force  had, inter-alia, recommended  setting  up  of  a  Judicial  Impact  Office  at  the central level as well as at the state level for estimating the extra case load on the courts and extra expenditure to be met by the Central Government or the State Governments, as the  case  may  be,  in  respect  of  their  respective  legislations.    It  also  recommended  that sufficient funds must be allocated for the Judicial Administration in the country, particularly in regard to the infrastructure, expenditure on judicial officers and staff in the Subordinate Courts and High Courts to realize the objectives of Access to Justice and Speedy Justice. The report is available at [http://doj.gov.in/sites/default/files /judicialimpactassessmentreportvol 1%20%201\_0.pdf].

The views of the State Governments and High Courts were solicited on the Report of  the  Task  Force.  Based  on  the  feedback  received  from  State  Governments  and  High Courts,  the  matter  regarding  implementation  of  the  Report  of  the  Task  Force  was deliberated  upon  in  the  meeting  of  the  Advisory  Council  of  National  Mission  for  Justice Delivery and Legal Reforms held in November 2012.  It was, inter-alia ,  decided that the methodologies of Judicial Impact Assessment as recommended by the Task Force may be gone  into  further  by a Committee  of  Experts  to  assess  the  practicability  of  their implementation in the given circumstances.  During the Conference of Chief Ministers and Chief  Justices  held  in  New  Delhi  in  April,  2013  this  matter  was  included  in  the  Action Taken  Report.    It  was  mentioned  that  expert  opinions  received  so  far  have  expressed practical difficulties in making assessment of the impact of legislation on the workload of judiciary and the practicability of the idea needs to be established before it is implemented. Accordingly, a Committee of Experts was constituted in September, 2013 to examine the issue  of  implementability  of  methodologies  of  Judicial  Impact  Assessment  and  suggest further action in this regard.  The Committee in its report submitted on 9 th January, 2015 concluded that Judicial Impact Assessment was neither feasible nor desirable as a method of proper budgetary planning and allocation of funds for the judiciary.

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