Lok Sabha Question No. 427 (STARRED), answered on 2023-03-31
Subject: Benches of High Courts
Ministry: LAW AND JUSTICE
Asked by: Jagdambika Pal

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

## LOK SABHA

## STARRED QUESTION NO. 427

## TO BE ANSWERED ON FRIDAY, THE 31.03.2023

## Benches of High Courts

## *427. SHRI JAGDAMBIKA PAL:

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

- (a) whether  the  Government  is  planning  to  establish  one  or  more  regional benches for the State High Court which has population more than 5 crore, if so, the details thereof and if not, the reasons therefor; and
- (b) the  steps  taken  by  the  Government  to  ensure  speedy  trial  and  disposal  of cases at lower courts during the last three years?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

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

Statement referred to in reply to parts (a) to (b) of Lok Sabha Starred Question No. *427 due for answer on 31.03.2023 regarding 'Benches of High Courts'

(a) to (b): High Court Benches are established in accordance with the recommendations made by the Jaswant Singh Commission and judgment pronounced  by  the  Apex  Court  in  W.P.  (C)  No.  379  of  2000  and  after  due consideration  of  a  complete  proposal  from  the  State  Government  which  has  to provide necessary expenditure and infrastructural facilities and the Chief Justice of the concerned  High  Court  who  is  required  to look after the  day to day administration of the High Court. For the proposal to be complete it should also have the consent of the Governor of the concerned State.

At present there is no complete proposal pending with the Government for setting up of Bench (es) of any High Court.

Disposal of pending cases in courts lies within the exclusive domain of the Judiciary, and the Central Government has no direct role in the matter.

Government has set up the National Mission for Justice Delivery and Legal Reforms 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 coordinated approach for phased liquidation of arrears and pendency in judicial  administration,  which,  inter-alia,  involves  better  infrastructure  for  courts, including computerization, an 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.  The  following  notable  initiatives  under  the  National  Mission  have been taken:-

- i. Under the Centrally Sponsored Scheme for Judicial Infrastructure, funds are being  released  to  States/UTs  for  construction  of  court  halls,  residential quarters  for  judicial  officers,  lawyers'  halls,  toilet  complexes  and  digital computer  rooms  that  would  ease  the  life  of  lawyers  and  litigants,  thereby aiding justice delivery. As on date, Rs. 9755.51 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure  Facilities  for  the  Judiciary  in  1993-94.  The number of court halls has increased from 15,818 as on 30.06.2014 to 21,271 as on 28.02.2023, and number of residential units has increased from 10,211 as on 30.06.2014 to 18,734 as on 28.02.2023, under this scheme.
- ii. Further under the e-Courts Mission  Mode Project, information and communication technology (ICT) has been leveraged for IT enablement of district  and  subordinate  courts.  The  number  of  computerised  district  & subordinate  courts  has  increased  to  18,735  so  far.  WAN  connectivity  has been provided to 99.4% of court complexes.  Video conferencing facility has been enabled between 3,240 court complexes and 1,272 corresponding jails. 689  e-Sewa  Kendras  have  been  set  up  at  court  complexes  to  facilitate lawyers  and  litigants  needing  assistance  ranging  from  case  status,  getting judgments/orders,  court/case-related  information,  and  e-filing  facilities.  21 virtual  courts  have  been  set  up  in  17  States/UTs.  As  on  31.01.2023,  these courts have handled more than 2.53 crore cases and realized more than Rs. 359  crores  in  fines.  E-courts  Phase  III  is  about  to  begin  which  intends  to incorporate  latest  technology  such  as  Artificial  Intelligence(AI)  and  Block chain  to  make  justice  delivery  more  robust,  easy  and  accessible  to  all  the stakeholders.
- iii. Government has been regularly filling up the vacancies in higher judiciary. From  01.05.2014  to  27.03.2023,  54  Judges  were  appointed  in  Supreme Court.  894  new  Judges  were  appointed  and  646  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 1114 currently. From 31.12.2013  to  21.03.2023,  the  sanctioned  strength  of  Judicial  Officers  in District  and  subordinate  courts  has  been  increased  from  19,518  to  25,189 and the working strength of judicial officers has been increased from 15,115 to 19,522.

However, filling up of vacancies in subordinate judiciary falls within the domain of the State Governments and high courts concerned.

- iv. In pursuance of a Resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in all 25 High Courts to clear cases pending for more than five years.  Arrears Committees have been set up under District courts as well.
- v. Under the aegis of the Fourteenth Finance Commission, the government has established Fast Track Courts for dealing with cases of heinous crimes; cases involving senior citizens, women, children etc. As on 31.01.2023, 843 Fast Track Courts are functional for heinous crimes, crimes against women, and children etc. To fast track criminal cases involving elected MPs / MLAs, ten (10) Special Courts are functional in nine (9) States/UTs. Further, the central government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for the expeditious disposal of pending cases  of  Rape  under  IPC  and  crimes  under  POCSO  Act.  As  on  date,  28 States/UTs have joined the scheme.
- vi. With  a  view  to  reduce  pendency  and  unclogging  of  the  courts,  the Government  has recently amended  various laws like the Negotiable Instruments (Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018.
- vii. Alternate Dispute Resolution methods have been promoted wholeheartedly. Accordingly,  the  Commercial  Courts  Act,  2015  was  amended  on  20 th August,  2018  making  Pre-institution  Mediation  and  Settlement  (PIMS) mandatory  in  case  of  commercial  disputes.  Amendment  to  the  Arbitration and Conciliation Act, 1996 has been made  by the Arbitration and Conciliation (Amendment) Act 2015 for expediting the speedy resolution of disputes by prescribing timelines.
- viii. Lok  Adalat  is  an  important  Alternative  Disputes  Resolution  Mechanism available to common people. It is a forum where the disputes/cases pending in  the  court  of  law  or  at  pre-litigation  stage  are  settled/compromised amicably.  Under the Legal Services Authorities (LSA) Act, 1987, an award made by a Lok Adalat is deemed to be a decree of a civil court and is final and  binding  on  all  parties  and  no  appeal  lies  against  thereto  before  any court. Lok  Adalat  is  not  a  permanent  establishment. National  Lok  Adalats are organized simultaneously in all Taluks, Districts and High Courts on a pre-fixed date. The details of the case disposed off in Lok Adalats during the last three years are as under:-
- ix. The  Government  launched  the  Tele-Law  programme  in  2017,  which provided an effective and reliable e-interface platform connecting the needy and disadvantaged sections seeking legal advice and consultation with panel lawyers via video conferencing, telephone and chat facilities available at the Common Service Centres (CSCs) situated in Gram Panchayat and through Tele-Law mobile App.

| Years          | Pre-litigation Cases   | Pending Cases   | Grand Total   |
|----------------|------------------------|-----------------|---------------|
| 2021           | 72,06,294              | 55,81,743       | 1,27,88,037   |
| 2022           | 3,10,15,215            | 1,09,10,795     | 4,19,26,010   |
| 2023(till Feb) | 1,75,98,095            | 30,25,724       | 2,06,23,819   |
| Total          | 5,58,19,604            | 1,95,18,262     | 7,53,37,866   |

The Percentage Wise break-up of cases registered & advice enabled, pertaining to Tele - Law is given as follows:-

| Till 28 th Feb, 2023   | Cases Registered    | %Wise Break Up      | Advice Enabled      | %Wise Break Up      |
|------------------------|---------------------|---------------------|---------------------|---------------------|
| Gender Wise            | Gender Wise         | Gender Wise         | Gender Wise         | Gender Wise         |
| Female                 | 11,46,046           | 33.43               | 11,23,504           | 33.49               |
| Male                   | 22,82,642           | 66.57               | 22,31,041           | 66.51               |
| Caste Category Wise    | Caste Category Wise | Caste Category Wise | Caste Category Wise | Caste Category Wise |
| General                | 7,31,346            | 21.33               | 7,12,646            | 21.24               |
| OBC                    | 10,08,050           | 29.40               | 9,83,336            | 29.31               |
| SC                     | 10,86,611           | 31.69               | 10,66,037           | 31.78               |
| ST                     | 6,02,681            | 17.58               | 5,92,526            | 17.66               |
| Total                  | 34,28,688           |                     | 33,54,545           |                     |

- x. Efforts  have  been  made  to  institutionalize  pro  bono  culture  and  pro  bono lawyering in the country. A technological framework has been put in place where advocates volunteering to give their time and services for pro bono work can register as Pro Bono Advocates on Nyaya Bandhu (Android & iOS and Apps). Nyaya Bandhu Services are also available on UMANG Platform. Pro Bono Panel of advocates have been initiated in 21 High Courts at the State level. Pro Bono Clubs have been started in 69 select Law Schools to instill Pro Bono culture in budding lawyers.

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