Lok Sabha Question No. 496 (UNSTARRED), answered on 2022-12-09
Subject: Disposal of Civil and Criminal Cases
Ministry: LAW AND JUSTICE
Asked by: Dhanush M Kumar, C.N. Annadurai, Manjulata Mandal, Gajanan Chandrakant Kirtikar

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 496. ANSWERED ON FRIDAY, THE 09TH DECEMBER, 2022

## DISPOSAL OF CIVIL AND CRIMINAL CASES

## 496. SHRI DHANUSH M. KUMAR:

SHRI C.N. ANNADURAI:

SHRIMATI MANJULATA MANDAL:

SHRI GAJANAN KIRTIKAR:

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

- (a) the number of pending cases of civil and criminal nature taken up and disposed off by the Supreme Court, High Courts and Lower Courts during each of the last three years and the current year;
- (b)  the  challenges  faced  by  the  Government  while  disposing  of  the  pending court cases;
- (c)  whether  the  number of pending cases in Subordinate courts in the country is more than that of High Courts and Supreme Court and if so, the details thereof and the reasons for such huge pendency;
- (d) whether poor infrastructure is one of the main reasons for the slow delivery of justice and if so, the details thereof along with the efforts made by the Government so far, to improve the infrastructure of subordinate courts in the country;
- (e)  the  details  of  other  measures  proposed  to  be  initiated  by  the  Government  to speed  up  disposal  of  cases  in  subordinate  courts  in  the  country,  including  Tamil Nadu; and
- (f)  the  steps  taken  by  the  Government  to  ensure  quick  delivery  of  justice  and  to improve judicial system for the people in the country?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

- (a): The number of pending cases of civil and criminal nature taken up and disposed off by the Supreme Court, High Courts and Lower Courts during each of the last three years and the current year is at Annexure-I.
- (b): Disposal  of  pending  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. Central government has no direct role in disposal of pending court cases.
- (c): The  number  of  pending  cases  in  supreme  court,  high  courts  and  district  & subordinate courts and is as under:-

| Name of the Court                              | Pendency    |
|------------------------------------------------|-------------|
| Supreme Court (as on 01.12.2022)               | 69,598      |
| High Court (as on 06.12.2022)                  | 59,57,704   |
| District &Subordinate Court (as on 06.12.2022) | 4,28,21,378 |

There  are  several  reasons  for  large  pendency  of  cases  in  the  district  and subordinate courts as indicated above which, inter-alia, include availability of adequate number of judges and judicial officers, supporting court staff and physical infrastructure,  frequent  adjournments  and  lack  of  adequate  arrangement  to  monitor, track and bunch cases for hearing, 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.

- (d): The primary responsibility of the development of infrastructure facilities for the judiciary  rests  with  the  State  Governments.  To  augment  the  resources  of  the  State Governments,  the  Union  Government  has  been  implementing  a  Centrally  Sponsored Scheme for the Development of Infrastructure Facilities for the Judiciary by providing financial  assistance to  state  governments /  UTs in the  prescribed fund-sharing pattern between  the  center  and  states.  The  scheme  is  being  implemented  since  1993-94.  It covers the construction of court buildings and residential accommodations for judicial officers  of  district  and  subordinate  judiciary. As  against  the  sanctioned  strength  of 24,989  and  the  working  strength  of  19,235  judges/judicial  officers,  there  are  21,159 available court halls and 18,557 residential units as on 30.11.2022.

As  on  30.11.2022,  a  sum  of  Rs.  9291.79  crores  has  been  released  under  the scheme so far since its inception, out of which Rs. 5847.48 crores (62.93 %) has been released since 2014-15.  The scheme has been extended from 2021-22 to 2025-26 with a budgetary  outlay  of  Rs.  9000  crores  including  a  central  share  of  Rs.  5307.00  crores. Besides  the  construction  of  court  halls  and  residential  quarters,  the  scheme  now  also covers the construction of lawyers' halls, digital computer rooms, and toilet complexes in the district and subordinate courts. The scheme  also includes  the  norms  & specifications  for  the  court  buildings,  which  suggest  the  state  governments  have  to comply with the existing standards for disabled-friendly people.

(e) & (f): 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  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  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 major steps taken during the last eight years under various initiatives are as follows:

## (i) Improving infrastructure  for  Judicial  Officers  of  District  and  Subordinate

Courts: As on date, Rs. 9291.79 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 21,159 as on 30.11.2022, and number of residential units has increased from  10,211  as  on  30.06.2014  to  18,557  as  on  30.11.2022,  under  this  scheme.  In addition,  2,673  court  halls  and  1,662  residential  units  are  under  construction  (as  per Nyaya  Vikas  Portal).  The  Centrally  Sponsored  Scheme  for  the  Development  of Infrastructure Facilities for Judiciary has been extended till 2025-26 at a total cost of Rs. 9,000  crores,  out  of  which  the  central  share  will  be  Rs.  5,307  crores.  Besides,  the construction of court halls and residential units, it would also cover the construction of lawyer's  halls,  toilet  complexes,  and  digital  computer  rooms.  There  are  21,159  court halls  and  18,557  residential  units  made  available  under  the  scheme  so  far.  2673  court halls and 1,662 residential units are under construction as part of ongoing projects.

(ii) Leveraging Information and Communication Technology (ICT) for improved  justice  delivery: The  Government  has  been  implementing  the  e-Courts Mission  Mode  Project  throughout  the  country  for  information  and  communication technology 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  99.3%  of  court  complexes.  New  and  user-friendly  version  of  Case Information Software has been developed and deployed at all the computerized district and subordinate courts. All stakeholders, including judicial officers can access information relating to judicial proceedings/decisions of computerized district  & subordinate courts and high courts on the National Judicial Data Grid (NJDG). As on 01.12.2022, litigants can access the case status of over 21.74 crore cases and 19.80 crore orders/judgments  pertaining  to  these  courts.  eCourts  services  such  as  details  of  case registration,  cause  list,  case  status,  daily  orders  &  final  judgments  are  available  to litigants and advocates through the eCourts web portal, Judicial Service Centers (JSC) in all computerized courts, the eCourts Mobile App, email service, and SMS push, and pull services. A video conferencing facility has been enabled between 3,240 court complexes and 1,272 corresponding jails. With a view to handling the COVID- 19 challenges better and  making the transition to virtual hearings smoother, 619 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  efiling facilities. Rs. 5.01 crore has been allocated for providing equipment in video conferencing cabins in various court complexes to facilitate virtual hearings. Rs. 12.12 crore  has  been  allocated  for  1,732  help  desk  counters  for  efiling  in  various  court complexes.

21 virtual courts have been set up in 17 States/UTs viz. Delhi (2), Haryana, Tamil Nadu, Karnataka, Kerala (2), Maharashtra (2), Assam, Chhattisgarh, Jammu & Kashmir (2),  Uttar  Pradesh,  Odisha,  Meghalaya,  Himachal  Pradesh,  Madhya  Pradesh,  Tripura, West Bengal, and Rajasthan to try traffic offences. As on 03.03.2022, these courts have handled more than 1.69 crore cases and realized more than Rs. 271.48 crore in fines.

Video  conferencing  emerged  as  the  mainstay  of  the  courts  during  the  Covid lockdown period as physical hearings and normal court proceedings in the congregational mode were not possible. Since Covid lockdown began, the district courts heard  1,65,20,791  cases  while  the  high  courts  heard  75,80,347  cases  (totalling  2.41 crore) via video conferencing till 31.10.2022. The Supreme Court had 2,97,435 hearings since the lockdown period upto 03.09.2022.

## (iii) Filling  up  of  vacant  positions  in  Supreme  Court,  High  Courts and  District

and Subordinate Courts: From 01.05.2014 to 05.12.2022, 46 Judges were appointed in Supreme Court. 853 new judges were appointed and 621 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 1108 currently. sanctioned and working strength of judicial officers in district and subordinate courts has increased as follow:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 06.12.2022 | 24,994                | 19,205             |

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

(iv) Reduction  in  Pendency  through  /  follow  up  by  Arrears  Committees: 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. Arrears  Committee  has  been  constituted  in  the  Supreme  Court  to  formulate  steps  to reduce pendency of cases in high courts and district courts. In the past, Minister of Law & Justice has taken up the matter with the Chief Justices of High Courts and the Chief Ministers of states drawing their attention to the cases pending for more than five years and to take up pendency reduction campaign. The Department of Justice has developed an  online  portal  for  reporting  by  all  High  Courts  on  the  compliance  of  Arrears Eradication Scheme guidelines of the Malimath Committee Report.

(v) Emphasis  on  Alternate  Dispute  Resolution  (ADR): Commercial  Courts  Act, 2015 (as amended on 20 th August, 2018) stipulates mandatory Pre-institution Mediation and  Settlement  (PIMS)  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.

(vi) Initiatives  to  Fast  Track  Special  Type  of  Cases: The  Fourteenth  Finance Commission endorsed the proposal of the Government to strengthen the judicial system in states which included, inter-alia, establishing Fast Track Courts for cases of heinous crimes;  cases  involving  senior  citizens,  women,  children  etc.,  and  urged  the  State Governments to  use  the  additional  fiscal  space  provided  in  the  form  of  enhanced  tax devolution  form  32%  to  42%  to  meet  such  requirements.  As  on  31.10.2022,  838  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 (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal, and 2 in NCT of Delhi). 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.  Rs.140  crore  was  released  in  the  financial  year  2019-20,  Rs.  160 crore has been released during the financial year 2020-21 and Rs. 134.557 crore has been released  during  the  financial  year  2021-22  for  the  scheme  Rs.  53.55  crore  has  been released during currant FY upto October, 2022. 731 FTSC are functional 412 exclusive POCSO Courts, which disposed more than 1,24,000 cases as on 31.10.2022.

(vii) In addition, 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.

(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.  In order to reduce the pendency of cases in courts and also to settle the disputes at pre-litigation stage, Lok Adalats are organized by Legal Services Institutions at such intervals as it deems fit.  Lok Adalat is not a permanent establishment.  However, as per Section 19 of the LSA Act, 1987, Lok Adalats are organized by Legal Services Institutions as per requirement.  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 two years are as under:-

| 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   |
| Total   | 3,82,21,509            | 1,64,92,538     | 5,47,14,047   |

- (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.
- (x) Efforts  have  been  made  to  institutionalize  pro  bono  culture  and  pro  bono lawyering 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 also available on UMANG Platform.

| Category             | Total Advice Enabled   | %      |
|----------------------|------------------------|--------|
| SC                   | 8,62,464               | 31.51% |
| ST                   | 4,90,729               | 17.93% |
| OBC                  | 7,94,986               | 29.04% |
| Women                | 9,19,389               | 33.59% |
| General              | 5,88,932               | 21.52% |
| As of 30th Nov 2022, |                        |        |

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 Laws Schools to instill Pro Bono culture in budding lawyers.

******

Annexure-I

STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (A)  OF  LOK  SABHA UNSTARRED QUESTION NO. 496 FOR ANSWER ON 09.12.2022 REGARDING 'DISPOSAL OF CIVIL AND  CRIMINAL CASES'.

Pendency in Supreme Court

| Year                     | No. of Pending Cases at the end of the Year   | No. of Pending Cases at the end of the Year   | No. of Cases Disposed of   | No. of Cases Disposed of   |
|--------------------------|-----------------------------------------------|-----------------------------------------------|----------------------------|----------------------------|
|                          | Civil                                         | Criminal                                      | Civil                      | Criminal                   |
| 2019                     | 48,606                                        | 11,253                                        | 28,683                     | 12,417                     |
| 2020                     | 52,290                                        | 12,796                                        | 14,756                     | 5,914                      |
| 2021                     | 55,973                                        | 14,266                                        | 15,804                     | 8,782                      |
| 2022 (as on 31.10.2022 ) | 54,840                                        | 14,941                                        | 19,365                     | 9,744                      |

Pendency in High Courts

| Year                    | No. of Pending Cases at the end of the Year   | No. of Pending Cases at the end of the Year   | No. of Cases Disposed of   | No. of Cases Disposed of   |
|-------------------------|-----------------------------------------------|-----------------------------------------------|----------------------------|----------------------------|
|                         | Civil                                         | Criminal                                      | Civil                      | Criminal                   |
| 2019                    | 33,37,156                                     | 13,47,198                                     | 11,45,070                  | 7,71,979                   |
| 2020                    | 35,13,509                                     | 14,53,456                                     | 6,12,530                   | 5,09,343                   |
| 2021                    | 37,2,6261                                     | 15,81,586                                     | 7,63,169                   | 6,77,853                   |
| 2022 (as on 30.09.2022) | 37,43,452                                     | 16,07,832                                     | 8,19,865                   | 6,74,336                   |

Pendency in District & Subordinate Court

| Year                    | No. of Pending Cases at the end of the Year   | No. of Pending Cases at the end of the Year   | No. of Cases Disposed of   | No. of Cases Disposed of   |
|-------------------------|-----------------------------------------------|-----------------------------------------------|----------------------------|----------------------------|
|                         | Civil                                         | Criminal                                      | Civil                      | Criminal                   |
| 2019                    | 89,91,997                                     | 2,33,04,227                                   | 38,55,047                  | 1,45,16,527                |
| 2020                    | 99,55,186                                     | 2,73,30,556                                   | 17,09,657                  | 74,95,227                  |
| 2021                    | 1,06,66,303                                   | 3,03,87,195                                   | 28,93,054                  | 1,41,35,550                |
| 2022 (as on 30.09.2022) | 1,06,86,169                                   | 3,21,40,608                                   | 32,46,338                  | 1,43,77,969                |