Lok Sabha Question No. 3707 (UNSTARRED), answered on 2019-12-11
Subject: Case Flow Management Rules
Ministry: LAW AND JUSTICE
Asked by: Mohanbhai Kalyanji Kundariya, Dhanush M Kumar, Soyam Babu Rao, Ganesan Selvam

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 3707

TO BE ANSWERED ON WEDNESDAY, THE 11 TH  DECEMBER, 2019.

## Case Flow Management Rules

## 3707.  SHRI MOHANBHAI KALYANJI KUNDARIYA:

SHRI DHANUSH M.KUMAR:

SHRI SOYAM BAPU RAO:

SHRI SELVAM G:

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

- (a) whether the Government is aware of the Case Flow Management Rules that are laid out to effectively deal with cases in a time-bound manner at different levels of judiciary;
- (b) if so, the details thereof;
- (c) whether  Supreme  Court  established  the  scheme  of  National  Court Management Systems ( NCMS), if so, the details thereof;
- (d) whether this NCMS will be applicable to all courts of the country along with the status of implementation of the same and reasons for delay, if any; and
- (e) the steps taken by the Government to ensure implementation of these model  rules  to  reduce  time  bound  periods  for  litigation  and  the pendency of cases?

## ANSWER

## MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

## (SHRI RAVI SHANKAR PRASAD)

- (a)  &  (b):  Yes,  Sir.  In  pursuance  of  the  judgment  of  the  Supreme  Court  in  Salem Advocate  Bar  Association versus Union  of  India  case,  the  Law  Commission  had prepared draft  case flow  management rules for subordinate courts and draft  case management rules for High Courts.
- (c)  &  (d):  Yes,  Sir.  The  Supreme  Court  of  India  with  an  objective  to  revisit  and implement the recommendations of Law Commission of India in its various reports to

promote  Court  Management,  Case  Management  and  improve  Administration  of Justice, established the scheme of National Court Management Systems (NCMS) in 2012 for enhancing timely justice under overall control of Chief Justice of India.  A National Court Management System Committee(NCMS Committee) was constituted by the Supreme Court to facilitate development of policy initiative in order to reform and strengthen the judicial system and enhance quality, responsiveness and timely of  judicial  administration.  The  Policy  and  Action  Plan  of  the  NCMS  provides  for proposals  to  be  developed  by  the  NCMS  Committee  on  setting  measurable performance standards for courts, adoption of case management systems, standardization of judicial data and statistics and adoption of human resource plan for courts.  The plan, inter-alia ,  outlines a broad framework for case management, which  includes  settling  issues,  encouraging  parties  to  resort  to  Alternate  Dispute Resolution,  extensive  use  of  Order  X  of  Code  of  Civil  Procedure,  1908  in  civil matters and fixing a time schedule for resolution of cases.  However, it was left open to High Courts to implement the recommendations relating to case management. All High Courts have constituted State Court Management System (SCMS) Committee to  do  similar  exercise  at  the  State  Level.  Similarly,  District  Court  Management System Committee has been constituted at the District level.

(e): The  Union  Government  is  committed  to  speedy  disposal  of  cases  and reduction in pendency of cases to improve access to justice. The National Mission for  Justice  Delivery  and  Legal  Reforms  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.

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