Lok Sabha Question No. 2943 (UNSTARRED), answered on 2019-07-10
Subject: Increase in the Number of Courts
Ministry: LAW AND JUSTICE
Asked by: Annasaheb Shankar Jolle

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 2943

## TO BE ANSWERED ON WEDNESDAY, THE 10 TH  JULY, 2019.

## Increase in the Number of Courts

## 2943. SHRI ANNASAHEB SHANKAR JOLLE:

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

- (a) whether the Government is satisfied with the existing pace / speed at which the cases are resolved in the Lower Courts, High Courts and Supreme Court; if so,
- the details thereof; and
- (b)  whether  the  Government  proposes  to  increase  the  number  of  courts  in  the country and upgrade the courts in Athani & Nippani towns of Belgaum district,
- Karnataka State to a district court bench and if so, the details thereof?

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

- (a): Disposal of cases pending in various 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  and  judicial  officers,  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.
- (b) : 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 required to clear the backlog of cases.  In 245 th Report (2014), the Law Commission 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 August 2014, the Supreme Court asked the National Court Management System Committee  (NCMS  Committee)  to  examine  the  recommendations  made  by  the  Law Commission  and  to  furnish  its  recommendations  in  this  regard.    NCMS  Committee submitted its report to the Supreme Court in March, 2016.  The report, inter-alia , observes 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 i.e. disposal weighted by the nature and complexity of cases in local conditions.

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 the State Governments and High Courts to enable them to take follow up action to determine the required Strength of district and subordinate judiciary.

The new courts at District and below District / Subordinate (Tehsil / Taluka) level are established by the respective State Governments in consultation with the concerned High  Courts,  as  per  their  need  and  resources.    Central  Government  has  no  role  in  the matter.

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