Lok Sabha Question No. 143 (STARRED), answered on 2019-02-13
Subject: Monitoring of Court Cases
Ministry: LAW AND JUSTICE
Asked by: MAHEISH GIRRI

## Government of India Ministry of Law & Justice Department of  Legal Affairs *****

## LOK SABHA STARRED QUESTION No. *143 TO BE ANSWERED ON WEDNESDAY, THE 13 TH FEBRUARY,2019

## MONITORING OF COURT CASES

## *143.  SHRI MAHEISH GIRRI:

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

- (a) whether the Government has initiated any step to establish  web portal for  each  Ministry/  Department  of  the  Government  where  they  can upload the details of cases which are pending in various courts and the status of these cases so as to help in effective monitoring of court cases by the Department of Legal Affairs;
- (b) if so, the details thereof;
- (c) whether the Government has started any structural legal framework of mediation; and
- (d) if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (d) : A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (d) OF THE STARRED QUESTION NO-143 DUE FOR ANSWER ON 13.02.2019 IN THE LOK SABHA

- (a) Yes, Madam.
- (b) Department  of  Legal  Affairs(DoLA)  vide  Gazette  Notification  dated 08.02.2016 has implemented  Legal Information  Management  & Briefing System (LIMBS), an IT enabled application for monitoring of court cases where Government of India is one of the party. It has been implemented  in  all  55+  Ministries/Departments( Annexure-A )  of  the Government where Users of Ministries can upload the details of cases which are pending in various courts and also the status of these cases so as to help Ministries in effective monitoring of court cases. As on 06.02.2019,  Ministries/Departments  have  uploaded  4.11  lakh  court cases in LIMBS application.
- (c) Yes, Madam.
- (d) Mediation is one of the Alternative Dispute Resolution(ADR) mechanisms.  Legal Services Authorities are engaged in promoting the use of ADR mechanisms through mediation.  In all the States, there are mediation centres.  Mediation and Conciliation Project Committee (MCPC) primarily gives training to mediators.

At  the  High  Court's  level  also,  there  are  Mediation  and  Conciliation Committees.  Mediation centres in the States are primarily engaged in dealing  with  mediation  matters  referred  to  them  by  the  Courts.    In marital disputes at pre-litigation stage in pursuant to the judgment of Hon'ble Supreme Court titled as K.Srinivas Rao v. D.A.Deepa , mediation is also done at pre-litigation stage.  At present, there is no statute governing mediation.  Mediation finds reference in Section 80 of  the  Code  of  Civil  Procedure  and  also  in  Section  12  A  of  the Commercial Courts Act, 2015 (as amended in May, 2018).  Section 12A has been introduced in the Act which provides that except for cases which  contemplates  urgent  interim  relief,  no  suit  qua  a  commercial dispute  shall  be  instituted  in  the  court  of  competent  jurisdiction unless the plaintiff first  exhausts the remedy  of  Pre-Institution Mediation  before  the  Legal  Services  Institutions  constituted  under Legal Services Authorities Act,1987. It  is  pertinent  to  mention  that  in  Chief  Justices'  Conference  held  on 2013, it was resolved that 'A.D.R. mechanism be strengthened for purpose of optimum utilization by sensitizing and training Judges and advocates. Awareness programmes be conducted regularly which will go a long way in also arresting the backlog of cases in Courts. State  Legal  Services  Authority  shall  have  the  overall  control  and supervision  of  the  Mediation  Centres  and  Mediation  Monitoring Committees at the High  Court  level  will  function  in  accordance  with the directions given by the MCPC. Steps be taken for setting up Mediation centres/A.D.R. Centres at the district level, where they are yet to be set up.  Para-Legal Volunteers in the rural areas, and in particular women, be drawn for the community to man the centres.' In High Courts, primarily training, guidance and directions are given by Mediation  and  Conciliation  Project  Committee,  Supreme  Court  of India. In some of the States, the fund for mediation is provided by the State Governments. A statement containing the information w.r.t. the number of cases settled through mediation during the current financial year i.e. 201819 (upto December, 2018) is annexed at Annexure-B. In order to promote and expand mediation, awareness campaigns are being conducted to make public aware of the facility of mediation. Finance Commission, amount was allotted for mediation.  New ADR centres have been built and are under construction to expand the facility of

This apart, in the recommendations made by the 13 th & 14 th mediation.

## ANNEXURE-A

## List of Ministries/Departments where LIMBS has been implemented

|   S.No. | Ministry/Department                           |
|---------|-----------------------------------------------|
|       1 | AGRICULTURE AND FARMERS WELFARE               |
|       2 | AYUSH                                         |
|       3 | CHEMICALS AND FERTILIZERS                     |
|       4 | CIVIL AVIATION                                |
|       5 | COAL                                          |
|       6 | COMMERCE AND INDUSTRY                         |
|       7 | COMMUNICATION TELECOMMUNICATION               |
|       8 | COMMUNICATIONS                                |
|       9 | CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION |
|      10 | CORPORATE AFFAIRS                             |
|      11 | CULTURE                                       |
|      12 | DEFENCE                                       |
|      13 | DEPARTMENT OF ATOMIC ENERGY                   |
|      14 | DEPARTMENT OF SPACE                           |
|      15 | DEVELOPMENT OF NORTH EASTERN REGION           |
|      16 | DRINKING WATER SUPPLY AND SANITATION          |
|      17 | EARTH SCIENCES                                |
|      18 | ENVIRONMENT FOREST AND CLIMATE CHANGE         |
|      19 | EXTERNAL AFFAIRS                              |
|      20 | FINANCE                                       |

|   21 | FOOD PROCESSING INDUSTRIES                |
|------|-------------------------------------------|
|   22 | HEALTH AND FAMILY WELFARE                 |
|   23 | HEAVY INDUSTRIES AND PUBLIC ENTERPRISES   |
|   24 | HOME AFFAIRS                              |
|   25 | HOUSING AND URBAN AFFAIRS                 |
|   26 | HOUSING AND URBAN POVERTY ALLEVIATION     |
|   27 | HUMAN RESOURCE DEVELOPMENT                |
|   28 | INFORMATION AND BROADCASTING              |
|   29 | LABOUR AND EMPLOYMENT                     |
|   30 | LAW AND JUSTICE                           |
|   31 | MEITY                                     |
|   32 | MICRO, SMALL AND MEDIUM ENTERPRISES       |
|   33 | MINES                                     |
|   34 | MINORITY AFFAIRS                          |
|   35 | NEW AND RENEWABLE ENERGY                  |
|   36 | NITI AAYOG                                |
|   37 | PANCHAYATI RAJ                            |
|   38 | PARLIAMENTARY AFFAIRS                     |
|   39 | PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS |
|   40 | PETROLEUM AND NATURAL GAS                 |
|   41 | POWER                                     |
|   42 | RAILWAY                                   |
|   43 | ROAD TRANSPORT AND HIGHWAYS               |

|   44 | RURAL DEVELOPMENT                                |
|------|--------------------------------------------------|
|   45 | SCIENCE AND TECHNOLOGY                           |
|   46 | SHIPPING                                         |
|   47 | SKILL DEVELOPMENT AND ENTREPRENEURSHIP           |
|   48 | SOCIAL JUSTICE AND EMPOWERMENT                   |
|   49 | STATISTICS AND PROGRAMME IMPLEMENTATION          |
|   50 | STEEL                                            |
|   51 | TEXTILES                                         |
|   52 | TOURISM                                          |
|   53 | TRIBAL AFFAIRS                                   |
|   54 | WATER RESOURCES RIVER DEVELOPMENT AND GANGA REJU |
|   55 | WOMEN AND CHILD DEVELOPMENT                      |
|   56 | YOUTH AFFAIR AND SPORTS                          |

## List of Nodal Officers in LIMBS-

|   S.No | Ministry                        | Department                                   | Nodal Officer Name   | Designation             |
|--------|---------------------------------|----------------------------------------------|----------------------|-------------------------|
|      1 | AGRICULTURE AND FARMERS WELFARE | ANIMAL HUSBANDRY DAIRYING AND FISHERIES      | G N SINGH            | JS                      |
|      2 | AGRICULTURE AND FARMERS WELFARE | AGRICULTURE, COOPERATION AND FARMERS WELFARE | AMITABH GAUTAM       | JS                      |
|      3 | CHEMICALS AND FERTILIZERS       | DEPARTMENT OF CHEMICAL AND PETROCHEMICAL     | RAKESH KUMAR KAMRA   | DEPUTY DIRECTOR GENERAL |
|      4 | CHEMICALS AND FERTILIZERS       | PHARMACEUTICALS                              | RAJNEESH TINGAL      | JS                      |
|      5 | COMMERCE AND INDUSTRY           | DGFT                                         | RAJBIR SHARMA        | JOINT DIRECTOR GENERAL  |
|      6 | COMMERCE AND INDUSTRY           | DIPP                                         | RAVINDER             | JS                      |

|   7 | COMMUNICATIONS                                | POSTS                        | SHAILENDRA DASHORA     | DEPUTY DIRECTOR GENERAL   |
|-----|-----------------------------------------------|------------------------------|------------------------|---------------------------|
|   8 | COMMUNICATIONS TELECOMMUNICATION              | TELECOMMUNICATION            | ARJUN SINGH            | DEPUTY DIRECTOR GENERAL   |
|   9 | CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION | FOOD AND PUBLIC DISTRIBUTION | SURESH KUMAR VASHISHTH | JS                        |
|  10 | CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION | CONSUMER AFFAIRS             | ANIL BAHUGUNA          | JS                        |
|  11 | CULTURE                                       | DEPT OF CULTURE              | SHRAVAN KUMAR          | JS                        |
|  12 | DEFENCE                                       | EX SERVICEMEN WELFARE        | PUDI HARI PRASAD       | JS                        |
|  13 | DEFENCE                                       | DEPT OF DEFENCE              | V ANANDARAJAN          | JS                        |
|  14 | DEFENCE                                       | DEFENCE PRODUCTION           | AMIT SAHAI             | JS                        |
|  15 | DEFENCE                                       | DRDO                         | B K MISHRA             | ASSOCIATE DIRECTOR        |
|  16 | DEPT. OF NORTH EASTERN REGION                 | DONER                        | SHANKAR LAL MEENA      | JS                        |
|  17 | ENVIRONMENT FOREST AND CLIMATE CHANGE         | POLICY AND LAW               | YASHVIR SINGH          | ECONOMIC ADVISOR          |
|  18 | EXTERNAL AFFAIRS                              | ADMINISTRATION DIVISION      | AMIT KUMAR             | JS                        |
|  19 | EXTERNAL AFFAIRS                              | PSP                          | ARUN K. CHATTERJEE     | JS                        |
|  20 | EXTERNAL AFFAIRS                              | CPV DIVISION                 | AMRIT LUGUN            | JS                        |
|  21 | FINANCE                                       | REVENUE CBDT                 | RAVINDRA SINGH RAWAL   | COMMISSION ER             |
|  22 | FINANCE                                       | EXPENDITURE                  | ANNIE GEORGE MATHEW    | JS                        |
|  23 | FINANCE                                       | REVENUE HQ                   | RITVIK RANJANAM PANDEY | JS                        |
|  24 | FINANCE                                       | FINANCIAL SERVICES           | VANDITA KAUL           | JS                        |
|  25 | FOOD PROCESSING INDUSTRIES                    | FOOD PROCESSING INDUSTRIES   | ASHOK KUMAR            | JS                        |
|  26 | HEALTH AND FAMILY WELFARE                     | HEALTH AND FAMILY WELFARE    | SUDHIR KUMAR           | JS                        |

|   27 | HEALTH AND FAMILY WELFARE                 | HEALTH RESEARCH                            | VIJAY KUMAR GAUBA    | JS                  |
|------|-------------------------------------------|--------------------------------------------|----------------------|---------------------|
|   28 | HEAVY INDUSTRIES AND PUBLIC ENTERPRISES   | HEAVY INDUSTRIES                           | PRAVIN L AGGARWAL    | JS                  |
|   29 | HOME AFFAIRS                              | CIC DIVISION                               | SAHELI GHOSH ROY     | JS                  |
|   30 | HOUSING AND URBAN AFFAIRS                 | COORDINATION DIVISION                      | NANDITA GUPTA        | JS                  |
|   31 | HUMAN RESOURCE DEVELOPMENT                | DEPARTMENT OF SCHOOL EDUCATION AND LITRACY | SACHIN SINHA         | JS                  |
|   32 | HUMAN RESOURCE DEVELOPMENT                | DHE EA BUREAU                              | V L V S S SUBBA RAO  | SR ECONOMIC ADVISOR |
|   33 | INFORMATION AND BROADCASTING              | INFORMATION                                | VIKRAM SAHAY         | JS                  |
|   34 | LAW AND JUSTICE                           | LEGISLATIVE DEPT                           | REETA VASISHTA       | ADDL SECY           |
|   35 | LAW AND JUSTICE                           | JUSTICE                                    | G R RAGHAVENDER      | JS                  |
|   36 | MINES                                     | MINES HQ                                   | NIRANJAN KUMAR SINGH | JS                  |
|   37 | NEW AND RENEWABLE ENERGY                  | COORD                                      | SUTAPA MAJUMDAR      | ECONOMIC ADVISOR    |
|   38 | PARLIAMENTARY AFFAIRS                     | PARLIAMENTARY AFFAIRS                      | SATYA PRAKASH        | JS                  |
|   39 | PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS | PENSIONS AND PENSIONERS WELFARE            | SANJIV NARAIN MATHUR | JS                  |
|   40 | PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS | DEPARTMENT OF PERSONNEL AND TRAINING       | VIJOY KUMAR SINGH    | JS                  |
|   41 | PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS | DARPG                                      | KIRAN PURI           | JS                  |
|   42 | PETROLEUM AND NATURAL GAS                 | REFINERY                                   | SANDEEP POUNDRIK     | JS                  |
|   43 | ROAD TRANSPORT& HIGHWAYS                  | IT SECTION                                 | PRIYANK BHARTI       | JS                  |
|   44 | RURAL DEVELOPMENT                         | RURAL DEVELOPMENT                          | P K SARANGI          | JS                  |
|   45 | RURAL DEVELOPMENT                         | LAND RESOURCES                             | SUSHIL KUMAR SINGLA  | JS                  |
|   46 | SCIENCE AND TECHNOLOGY                    | SCIENCE AND TECHNOLOGY                     | ANJU BHALLA          | JS                  |
|   47 | SCIENCE AND TECHNOLOGY                    | SCIENTIFIC AND INDUSTRIAL RESEARCH         | K R VAIDHEESWARAN    | JS                  |

|   48 | SCIENCE AND TECHNOLOGY                           | BIO TECHNOLOGY                               | CHANDRA PRAKASH GOYAL   | JS                      |
|------|--------------------------------------------------|----------------------------------------------|-------------------------|-------------------------|
|   49 | SHIPPING                                         | SHIPPING                                     | RAJAT SACHAR            | ADVISOR                 |
|   50 | SKILL DEVELOPMENT AND ENTREPRENEURSHIP           | DGT                                          | DEEPANKAR MALLICK       | DEPUTY DIRECTOR GENERAL |
|   51 | SOCIAL JUSTICE AND EMPOWERMENT                   | DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT | RASHMI CHOWDHARY        | JS                      |
|   52 | STATISTICS& PROGRAMME IMPLEMENTATION             |                                              | ARUN KUMAR YADAV        | JS                      |
|   53 | STEEL                                            | STEEL                                        | T SRINIVAS              | JS                      |
|   54 | TRIBAL AFFAIRS                                   | PARLIAMENT AND COORDINATION                  | MEERA RANJAN TSHERING   | JS                      |
|   55 | WATER RESOURCES RIVER DEVELOPMENT AND GANGA REJU | ADMINISTRATION                               | NITISHWAR KUMAR         | JS                      |
|   56 | WOMENANDCHILD DEVELOPMENT                        | WOMENANDCHILD DEVELOPMENT                    | K MOSES CHALAI          | JS                      |
|   57 | YOUTH AFFAIR AND SPORTS                          | YOUTH AFFAIRS                                | ASIT SINGH              | JS                      |
|   58 | YOUTH AFFAIR AND SPORTS                          | SPORTS                                       | INDER DHAMIJA           | JS                      |

## REPLY TO PARTS  (c )AND (d) OF THE LOK SABHA  STARRED QUESTION NO. *143 FOR 13.02.2019  REGARDING MONITORING OF COURT CASES.

(A  STATEMENT CONTAINING THE DETAILS OF  NUMBER OF CASES  SETTLED THROUGH MEDIATION DURING THE CURRENT FINANCIAL YEAR i.e. 2018-19 (UPTO DECEMBER, 18).

|   S. No. | Name of the State Authority   |   2018-19 (upto December, 2018) |
|----------|-------------------------------|---------------------------------|
|        1 | Andaman& Nicobar Islands      |                              14 |
|        2 | Andhra Pradesh                |                             892 |
|        3 | Arunachal Pradesh             |                               0 |
|        4 | Assam                         |                             276 |
|        5 | Bihar                         |                             199 |
|        6 | Chhattisgarh                  |                             410 |
|        7 | Dadra &Nagar Haveli           |                               8 |
|        8 | Daman &Diu                    |                               0 |
|        9 | Delhi                         |                             632 |
|       10 | Goa                           |                              14 |
|       11 | Gujarat                       |                             393 |
|       12 | Haryana                       |                            1763 |
|       13 | Himachal Pradesh              |                             377 |
|       14 | Jammu &Kashmir                |                              86 |
|       15 | Jharkhand                     |                            6475 |
|       16 | Karnataka                     |                            4971 |
|       17 | Kerala                        |                            9078 |
|       18 | Lakshadweep                   |                               0 |
|       19 | Madhya Pradesh                |                           16424 |
|       20 | Maharashtra                   |                           14425 |
|       21 | Manipur                       |                              22 |
|       22 | Meghalaya                     |                               1 |
|       23 | Mizoram                       |                               0 |
|       24 | Nagaland                      |                               0 |
|       25 | Odisha                        |                              79 |
|       26 | Puducherry                    |                              19 |
|       27 | Punjab                        |                            1671 |
|       28 | Rajasthan                     |                            1847 |
|       29 | Sikkim                        |                              47 |
|       30 | Tamil Nadu                    |                            1866 |
|       31 | Telengana                     |                             410 |
|       32 | Tripura                       |                              14 |
|       33 | U. T. Chandigarh              |                             263 |
|       34 | Uttar Pradesh                 |                            6070 |
|       35 | Uttarakhand                   |                             375 |
|       36 | West Bengal                   |                            1988 |