Lok Sabha Question No. 2791 (UNSTARRED), answered on 2020-03-11
Subject: Delay in Justice
Ministry: LAW AND JUSTICE
Asked by: Naranbhai Bhikhabhai Kachhadiya, Jaswantsinh Sumanbhai Bhabhor, Parbatbhai Savabhai Patel, Pradeep Kumar Singh, Shantanu Thakur, Nisith Pramanik

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 2791

TO BE ANSWERED ON WEDNESDAY, THE 11 th  MARCH, 2020

Delay in Justice

## 2791. SHRI NARANBHAI KACHHADIYA:

SHRI JASWANT SINGH BHABHOR:

SHRI PARBATBHAI SAVABHAI PATEL:

SHRI PRADEEP KUMAR SINGH:

SHRI SHANTANU THAKUR:

SHRI NISITH PRAMANIK:

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

- (a)    whether  the  delay  in  verdicts  of  the  cases  in  the  courts  is  like  justice denied  and  the  number  of  pendency  of  judicial  cases,  is  increasing  in different courts;
- (b) if so, the details thereof particularly in West Bengal;
- (c)    whether  the  consumption  of  the  resources  involved  in  this  regard  also rise and the people have to face problems; and
- (d)    the  corrective  measures taken and the alternatives to be considered by the Government in this regard?

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

(a)  to (d):    As per the available information and  data available on the National Judicial Data  Grid  (NJDG),  details  of  pending  cases  in  Supreme  Court,  various  High  Courts, District and Subordinate Courts of the country and  District and Subordinate Courts in the State of West Bengal  is given at Annexure .

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. However, the Union Government is committed to speedy disposal of cases and reduction  in  pendency  of  cases.  National  Mission  for  Justice  Delivery  and  Legal Reforms was set up in August, 2011 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  strength  of  subordinate  judiciary,  policy and legislative  measures  in  the  areas  prone  to  excessive  litigation,  re-engineering  of court  procedure  for  quick  disposal  of  cases  and  emphasis  on  human  resource development. The major steps taken during the last five years under various initiatives are as follows:

- (a) Improving infrastructure for Judicial Officers of District and Subordinate Courts: As on date, Rs. 7,453.10 crores have 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) have 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  19,694  as  on  29.02.2020  and  number  of  residential  units  has increased from 10,211 as on 30.06.2014 to 17,432 as on 29.02.2020 under this scheme.  In  addition,  2,814  court  halls  and  1,843  residential  units  are  under construction.
- (b) Leveraging  Information  and  Communication  Technology  (ICT)  for  improved justice delivery: Government has been implementing the e-Courts 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 13.13 crore pending and disposed cases and more than 11.46 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.
- (c) Filling  up  of  vacant  positions  in  Supreme  Court,  High  Courts  and  District  and Subordinate Courts: From 01.05.2014 to 29.02.2020, 35 Judges were appointed in Supreme Court. 522 new Judges were appointed and 443 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:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 29.02.2020 | 24,018                | 19,160             |

Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.

- (d) 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.
- (e) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015 (as amended on 20 th August, 2018) stipulates mandatory pre-institution mediation and settlement of commercial disputes. Amendment 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.
- (f)  Initiatives  to  Fast  Track  Special  Type  of  Cases:  The  Fourteenth  Finance Commission endorsed the proposal of the Government to strengthen the judicial system  in  States  which  included,  inter-alia,  establishing  Fast  Track  Courts  for cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the State Governments to use the additional fiscal space provided in the form of enhanced  tax devolution form 32%  to 42%  to meet such requirements.  As  on  31.12.2019,  828  Fast  Track  Courts  are  functional  for heinous  crimes,  crimes  against  women  and  children,  family  and  matrimonial disputes, etc. To fast track criminal cases involving elected MPs / MLAs, ten (10) Special Courts are functional in nine (9) States/UTs (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi) and proportionate funds have been
- released to these States by the Government. Further, Government has approved a  scheme  for  setting  up  1023  Fast  Track  Special  Courts  (FTSCs)  across  the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 27 States/UTs have joined the scheme for setting up of 649 FTSCs including 363 exclusive POCSO courts. Rs.99.43 crore (out of the  total  allocation  of  Rs.100  crore)  has  already  been  released  as  the  first instalment for FTSCs.
- (g) In order to reduce pendency and unclogging of the courts the Government has recently  amended  various  laws  like  the  Negotiable  Instruments  (  Amendment) Act,  2018,  the  Commercial  Courts  (Amendment)  Act,  2018,  the  Specific  Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the  Criminal Laws (Amendment) Act, 2018.

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

## Details of Pending cases in Supreme Court:

| Court                                                                     | Civil                                                                     | Criminal                                                                  | Criminal                                                                  | Total pending cases                                                       | Civil                                                                     | Criminal                                                                  | Criminal                                                                  | Total Pending cases                                                       |
|---------------------------------------------------------------------------|---------------------------------------------------------------------------|---------------------------------------------------------------------------|---------------------------------------------------------------------------|---------------------------------------------------------------------------|---------------------------------------------------------------------------|---------------------------------------------------------------------------|---------------------------------------------------------------------------|---------------------------------------------------------------------------|
| Supreme Court                                                             | 46,860                                                                    | 10,134                                                                    | 10,134                                                                    | 56,994 (As on 01.12.2018)                                                 | 49,088                                                                    | 11,515                                                                    | 11,515                                                                    | 60,603 (As on 03.03.2020)                                                 |
| Details of Pending cases in High Courts:                                  | Details of Pending cases in High Courts:                                  | Details of Pending cases in High Courts:                                  | Details of Pending cases in High Courts:                                  | Details of Pending cases in High Courts:                                  | Details of Pending cases in High Courts:                                  | Details of Pending cases in High Courts:                                  | Details of Pending cases in High Courts:                                  | Details of Pending cases in High Courts:                                  |
|                                                                           | Civil                                                                     | Crimin al                                                                 | Writ                                                                      | Total                                                                     | Civil                                                                     | Crimi nal                                                                 | Writ                                                                      | Total                                                                     |
| High Courts                                                               | 24.38 lakhs                                                               | 13.26 lakhs                                                               | 12.13 lakhs                                                               | 49.79 lakhs (As on 21.12.2018)                                            | 19.23 lakhs                                                               | 13.24 lakhs                                                               | 13.67 lakhs                                                               | 46.15 lakhs ( As on 29.02.2020)                                           |
| Details of Pending cases in District & Subordinate Courts in the country: | Details of Pending cases in District & Subordinate Courts in the country: | Details of Pending cases in District & Subordinate Courts in the country: | Details of Pending cases in District & Subordinate Courts in the country: | Details of Pending cases in District & Subordinate Courts in the country: | Details of Pending cases in District & Subordinate Courts in the country: | Details of Pending cases in District & Subordinate Courts in the country: | Details of Pending cases in District & Subordinate Courts in the country: | Details of Pending cases in District & Subordinate Courts in the country: |
|                                                                           | Civil                                                                     | Criminal                                                                  | Criminal                                                                  | Total                                                                     | Civil                                                                     | Criminal                                                                  | Criminal                                                                  | Total                                                                     |
| District and Subordinate Courts                                           | 84.59 lakhs                                                               | 207.65 lakhs                                                              | 207.65 lakhs                                                              | 2.92 Crore (As on 26.12.2018)                                             | 89.64 lakhs                                                               | 229.63 lakhs                                                              | 229.63 lakhs                                                              | 3.19 Crore (As on 29.02.2020)                                             |
| Details of Pending cases in District & Subordinate Courts in West Bengal: | Details of Pending cases in District & Subordinate Courts in West Bengal: | Details of Pending cases in District & Subordinate Courts in West Bengal: | Details of Pending cases in District & Subordinate Courts in West Bengal: | Details of Pending cases in District & Subordinate Courts in West Bengal: | Details of Pending cases in District & Subordinate Courts in West Bengal: | Details of Pending cases in District & Subordinate Courts in West Bengal: | Details of Pending cases in District & Subordinate Courts in West Bengal: | Details of Pending cases in District & Subordinate Courts in West Bengal: |
|                                                                           | Civil                                                                     | Criminal                                                                  | Criminal                                                                  | Total                                                                     | Civil                                                                     | Civil                                                                     | Criminal                                                                  | Total                                                                     |
| District and Subordinate Courts of west Bengal                            | 4,93,021                                                                  | 14,57,471                                                                 | 14,57,471                                                                 | 19,50,492 (As on 31.12.2018)                                              | 5,05,168                                                                  | 5,05,168                                                                  | 15,43,529                                                                 | 20,48,697 (As on 31.12.2019)                                              |

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

## Annexure