Lok Sabha Question No. 3496 (UNSTARRED), answered on 2019-01-02
Subject: Financial Cases Pending in Courts
Ministry: LAW AND JUSTICE
Asked by: OM BIRLA

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 3496

## TO BE ANSWERED ON WEDNESDAY, THE 02 ND  JANUARY, 2019.

## Financial Cases Pending in Courts

## 3496. SHRI OM BIRLA:

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

- (a) whether a large number of cases with financial implication / nature are pending with the Supreme Court and the High Courts of the country;
- (b)  if  so,  the  details  thereof  and  the  number  of  such  pending  cases  with  the Supreme Court and the High Courts by the end of November, 2018, court-wise; and
- (c) the steps taken by the Government for early disposal of these cases?

## ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY)

(a)  &  (b)  :  There  are  many  category  of  cases  with  financial  implications.      As  per  data available  on  the  National  Judicial  Data  Grid  (NJDG),  as  on  27 th December,  2018,  civil cases  constitute  24.39  lakh  cases,  criminal  cases  constitute  13.29  lakh  cases  and  writ cases constitute 12.14 lakh cases out of the total 49.82 lakh cases pending in various High Courts. Details of High Court-wise pending cases are given in a Statement at Annexure . Further, as far as Supreme Court is concerned, civil cases constitute 46,860 cases and criminal cases constitute 10,134 cases out of the total 56,994 cases pending in Supreme Court.  However,  NJDG  does  not  separately  provide  the  number  of  pending  cases  with financial implication.

- ( c ):     The pendency of cases in various courts in the country is dependent 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,  cooperation  of  stake  holders viz .  bar,  investigation  agencies,  witnesses  and  litigants  and proper  application  of  rules  and  procedures.    No  time  frame  has  been  prescribed  for disposal of various kinds of cases by the respective courts.

The Government is, however, fully committed to speedy disposal of cases. The Government has taken several initiatives to  provide an  ecosystem for faster  disposal of cases  by  the  judiciary.    The  National  Mission  for  Justice  Delivery  and  Legal  Reforms established  by  the  Government  has  adopted  a  coordinated  approach  for  phased liquidation  of  arrears  and  pendency  in  judicial  administration  through  various  strategic initiatives, including improving infrastructure for courts, leveraging Information and Communication  Technology  (ICT)  for  better  justice  delivery,  and  filling  up  of  vacant positions of Judges in High Courts and Supreme Court.  The major achievements during the  last  four  years  under  various  initiatives  to  make  the  functioning  of    judiciary  more efficient are as follows:

- (i) Leveraging  Information  and  Communication  Technology  (ICT)  for  improved  justice delivery: Number of computerised District & Subordinate courts has increased from 13,672  to  16,755  registering  an  increase  of  3,083  during  2014  to  2018.    National Judicial Data Grid (NJDG) provides citizens with online information about case filings, case  status  and  electronic  copies  of  orders  and judgments  from  district  and subordinate courts that have already been computerized. Information regarding 10.80 crore cases including more than three crore pending cases and more than 7.91 crore orders / judgments are available on this portal.  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  computerised  courts,  eCourts  Mobile  App,  email  service,  SMS  push  &  pull services.    eCourts  Project  has  been  consistently  amongst  the  top  5  Mission  Mode Projects of country.
- (ii) Filling  up  of  vacant positions in Supreme Court, High Courts and judicial officers in District  and  Subordinate  Courts:  As  per  the Constitutional framework,  the  selection and  appointment  of  judges  in  subordinate  courts  is  the  responsibility  of  State Governments  and  the  High  Courts  concerned.    In  so  far  as  recruitment  of  judicial officers  in  the  States  is  concerned,  respective  High  Courts  do  it  in  certain  States, whereas  the  High  Courts  do  it  in  consultation  with  the  State  Public  Service Commissions in other States.

Filling up of vacancies in the Supreme Court and the High Courts is a continuous and collaborative process between  the Executive and the Judiciary. It requires consultation and approval from various Constitutional Authorities.  Initiation of proposal for appointment of Judges in the Supreme Court vests with the Chief Justice of India, while initiation of proposals for appointment of Judges in the High Courts vests with the Chief Justice  of  the  concerned  High  Court.  While  every  effort  is  made  to  fill  up  the  existing vacancies  expeditiously,  vacancies  in  High  Courts  keep  on  arising  on  account  of retirement,  resignation  or  elevation  of  Judges  (to  the  Supreme  Court)  and  also  due  to increase in the strength of Judges.

From 01.01.2014  to  26.12.2018,  27  Judges  were  appointed  in  Supreme  Court. 446 new Judges were appointed and 379 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

- (iii) 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 24 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.

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## Annexure January,

Statement referred to Lok Sabha Unstarred Question No. 3496 for reply on 02 nd 2019 regarding Financial Cases Pending in Courts Number of cases pending in High Courts as on 27.12.2018

| Sr. No.   | High Court Name                       |   Cases pending in High Courts |
|-----------|---------------------------------------|--------------------------------|
| 1.        | Allahabad High Court                  |                         725143 |
| 2.        | Calcutta High Court                   |                         243661 |
| 3.        | Gauhati High Court                    |                          40448 |
| 4.        | High Court of Bombay                  |                         464074 |
| 5.        | High Court of Chhattisgarh            |                          63574 |
| 6.        | High Court of Delhi                   |                          73879 |
| 7.        | High Court of Gujarat                 |                         113746 |
| 8.        | High Court of Himachal Pradesh        |                          36117 |
| 9.        | High Court of Jammu and Kashmir       |                          91626 |
| 10.       | High Court of Jharkhand               |                          88931 |
| 11.       | High Court of Judicature At Hyderabad |                         361010 |
| 12.       | High Court of Karnataka               |                         236697 |
| 13.       | High Court of Kerala                  |                         193329 |
| 14.       | High Court of Madhya Pradesh          |                         331300 |
| 15.       | High Court of Manipur                 |                           7121 |
| 16.       | High Court of Meghalaya               |                           1063 |
| 17.       | High Court of Punjab And Haryana      |                         393953 |
| 18.       | High Court of Rajasthan               |                         741358 |
| 19.       | High Court of Sikkim                  |                            255 |
| 20.       | High Court of Tripura                 |                           2985 |
| 21.       | High Court of Uttarakhand             |                          55812 |
| 22.       | Madras High Court                     |                         399234 |
| 23.       | Orissa High Court                     |                         167277 |
| 24.       | Patna High Court                      |                         150643 |
|           | Total                                 |                        4983236 |

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