Lok Sabha Question No. 3884 (UNSTARRED), answered on 2019-12-11
Subject: Judicial Reforms
Ministry: LAW AND JUSTICE
Asked by: Nama Nageswara Rao

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 3884

## TO BE ANSWERED ON WEDNESDAY, 11 th  DECEMBER, 2019.

## Judicial Reforms

## 3884.  SHRI NAMA NAGESWARA RAO:

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

- (a)  whether the Government is planning to bring in judicial reforms in the courts to reduce pending court cases both at the subordinate court level and higher courts and if so, the details thereof;
- (b)  whether  the  Government  is  thinking  of  bringing  about  changes  in  the functioning of the subordinate courts so that pending cases are reduced in an expeditious manner and if so, the details thereof;
- (c)  the  manner  by  which  delivery  of  justice  system  can  be  honed  further  or bettered;
- (d)  whether  the  Government  has  achieved  the  goals  of  National  Mission  for Justice Delivery and Legal Reforms and if so, the details thereof; and
- (e)  whether  any  study  has  been  conducted  to  ensure  that  pending  cases  in subordinate courts are put on fast track and disposed of fast and if so, the details thereof?

## ANSWER

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

## (SHRI RAVI SHANKAR PRASAD)

(a), (b) and (c):Disposal of pending cases in courts, including High Courts and Supreme Court is within the domain of judiciary. 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.

However, the Union Government is committed to speedy disposal of cases and reduction  in  pendency  of  cases.  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.

(d): 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  computerisation, 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.

To advise on the goals, objectives and strategies of the National Mission and the Action  Plan  and  its  implementation,  an  Advisory  Council  has  been  set  up  under  the Chairmanship of Union Minister of Law and Justice with wide ranging membership.  An action plan of the National Mission was formulated under 5 strategic initiatives which are reviewed  by  the  Advisory  Council  of  the  National  Mission  from  time  to  time.  Eleven meetings of the Advisory Council have been held so far. Activities under the National Mission are of an on-going nature and regular reports are presented before the Advisory Council of the National Mission. (e). The Supreme Court, in the case of Imtiyaz Ahmed versus State of Uttar Pradesh & Others, inter-alia, asked the Law Commission of India to evolve a method for scientific assessment of the number of additional courts to clear the backlog of cases. In 245th 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 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.

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