Lok Sabha Question No. 2133 (UNSTARRED), answered on 2021-12-10
Subject: Judges per Million Of Population
Ministry: LAW AND JUSTICE
Asked by: Poonam (Mahajan) Vajendla Rao, Satyadev Pachauri, Rajeshbhai Naranbhai Chudasama

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 2133

## TO BE ANSWERED ON FRIDAY, THE 10 th  DECEMBER, 2021

## JUDGES PER MILLION OF POPULATION

## 2133. SHRIMATI POONAM MAHAJAN:

SHRI SATYADEV PACHAURI:

SHRI RAJESHBHAI CHUDASAMA:

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

- (a) the number of Judges per million of population in the country, State/UTwise including Uttar Pradesh;
- (b) the number of Judges per million as suggested by the Apex Court;
- (c)  the  steps taken/proposed to be taken by the Government to comply with the order passed by the Supreme Court including the funds required for the purpose;
- (d)  whether  it  is  a  fact  that  problems  are  being  faced  in  timely  disposal  of cases due to lack of adequate number of Fast Track Courts and also due to a large number of vacancies in such courts;
- (e) if so, the details thereof and the time by which the vacancies in these courts are likely to be filled; and
- (f)  whether the Government is contemplating to raise the posts of Judges in context  of  the  suggestion  of  the  Hon'ble  Supreme  Court,  if  so,  the  details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE

(SHRI KIREN RIJIJU)

- (a): The judge to population ratio (Judge / per million population) with respect to sanctioned strength of judges is 21.03 as on 31.10.2021. In order to calculate the

judge-population ratio for per million population in a particular year, the Department uses the criterion of using the population as per Census 2011 and as per available  information  regarding  sanctioned  strength  of  Judges  in  Supreme  Court, High  Court  and  District  &  Subordinate  Courts  in  the  particular  year.  The  data pertaining  to  number  of  judges  per  million  of  population,  State/UT-wise  is  not maintained.

(b) & (c): In  the  case  of Imtiyaz  Ahmed versus State  of  Uttar  Pradesh ,  the Supreme  Court  in  August  2014,  asked  the  National  Court  Management  System Committee  (NCMS  Committee)  to  examine  the  recommendations  made  by  the Law Commission in its 245 th Report (2014) and to furnish its recommendations in this regard. The Law Commission had not considered 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.

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 07.07.2021, it had been directed that the relevant copy of the NCMS final report be circulated to all High Courts by the Supreme Court Registry for necessary action. The  report  has  been  circulated  to  all  High  Courts  for  taking  further  action.  The augmentation  of  judge  strength  and  judicial  infrastructure  is  a  continuous  and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various Constitutional authorities.

(d) to (f): Disposal of cases in courts is within the domain of the judiciary.  No time  frame  has  been  prescribed  for  disposal  of  various  kinds  of  cases  by  the respective  courts.  Government  has  no  role  in  disposal  of  cases  in  courts.  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.  There  are  several  other  factors which may lead to delay in disposal of cases.  These, inter-alia, include vacancies of judges, frequent adjournments and lack of adequate arrangement to monitor, track and bunch cases for hearing.

Setting up of subordinate courts including Fast Track Courts (FTCs) and its functioning comes within the domain of the State governments in consultation with the  respective  High  Courts.  In  order  to  provide  speedy  justice,  the  14 th Finance Commission had endorsed the proposal of Union of India including the proposal for setting  up  of  1800  Fast  Track  Courts  (FTCs)  during  2015-2020  for  dealing  with specific natured cases of heinous crimes, civil cases pertaining to women, children, senior citizens, other vulnerable sections of society etc and property related cases pending above 5 years.  As  per  data  provided  by  the  High  Courts  up  to  October, 2021, total 914 Fast Track Courts are functional in 23 States/UTs.

The Department of Justice is implementing a scheme for setting up of 1023 Fast  Track  Special  Courts  (FTSCs)  including  389  Exclusive  POCSO  Courts  for expeditious  trial  and  disposal  of  cases  related  to  rape  and  POCSO  Act.  This Centrally Sponsored Scheme started in October, 2019 for 1 year period. It has now been extended for further two years up to 31.03.2023 at a total cost of Rs. 1572.86 crore  with  Central  share  of  Rs.971.70  crore.  As  per  information  provided  by  the High Courts for the month of October 2021, a total of 681 FTSCs including 381 exclusive POCSO courts are functional in 27 States/UTs across the country.

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