Lok Sabha Question No. 2156 (UNSTARRED), answered on 2021-12-10
Subject: Speedy Disposal of Pending Cases
Ministry: LAW AND JUSTICE
Asked by: Balak Nath, Shankar Lalwani

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †2156 TO BE ANSWERED ON FRIDAY, THE 10 TH  DECEMBER, 2021

## SPEEDY DISPOSAL OF PENDING CASES

## †2156. SHRI BALAK NATH: SHRI SHANKAR LALWANI:

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

- (a) whether the Government is formulating any scheme to speed up the disposal of pending court cases;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether the Government proposes to stipulate any time limit for the disposal of pending cases across the country, if so, the details thereof;
- (d)  whether the  Government  is formulating any policy to ensure judicial independence and autonomy in the country; and (e) if so, the details thereof?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a) to (c): 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. 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.  The  Central Government is fully committed to speedy disposal of cases in accordance with Article 21 of  the  Constitution  and  reducing  pendency.    The  Government  has  taken  several initiatives to provide an ecosystem for faster disposal of cases by the judiciary.

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  computerization, 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  six  years  under  various  initiatives  are  as follows:

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

Courts: As on date, Rs. 8,709.77 crores have been released since the inception of the Centrally  Sponsored  Scheme  (CSS)  for  Development  of  Infrastructure  Facilities  for Judiciary  in  1993-94.  The  number  of  court  halls  has  increased  from  15,818  as  on 30.06.2014  to  20,565  as  on  31.10.2021  and  number  of  residential  units  has  increased from 10,211 as on 30.06.2014 to 18,142 as on 31.10.2021 under this scheme. In addition, 2,841  court  halls  and  1,807  residential  units  are  under  construction.  The  Centrally Sponsored  Scheme  for  the  Development  of  Infrastructure  Facilities  for  Judiciary  has been extended till 2025-26 at a total cost of Rs. 9000 crores, out of which Central share will  be  Rs.  5307  crores.  Besides, construction of  Court  Halls and  Residential  Units,  it would  also  cover  construction  of  Lawyer's  Halls,  Toilet  Complexes  and  Digital Computer Rooms.

(ii) Leveraging Information and Communication Technology (ICT) for improved justice delivery: Government has been implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology enablement  of  district  and  subordinate  courts.    Number  of  computerized  District  & Subordinate  courts  has  increased  to  18,735  as  on  01.07.2021.  WAN  connectivity  has been  provided  to  98.7%  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 01.11.2021,  litigants  can  access  case  status  of  over  19.56  crore  cases  and  15.72  crore order/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 eCourts web portal, Judicial Service Centres (JSC) in all computerized  courts,  eCourts  Mobile  App,  email  service,  SMS  push  &  pull  services. Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. With a view to handle the COVID- 19 challenges better and to make the transition to virtual hearings smoother, funds have been provided for setting up 235 e-Sewa Kendras 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  crores  has  been  allocated  for  providing  equipment  in  Video Conferencing cabins in various court complexes to facilitate virtual hearings. Rs. 12.12 crores  has  been  allocated  for  1732  Help  desk  counters  for  efiling  in  various  court complexes.

Fifteen Virtual Courts have been set up in 11 States/UTs viz. Delhi (2), Haryana, Tamil  Nadu,  Karnataka,  Kerala  (2),  Maharashtra  (2),  Assam,  Chhattisgarh,  Jammu  & Kashmir (2), Uttar Pradesh and Odisha to try traffic offences. As on 01.11.2021, these courts have handled more than 99 lakh cases and realized more than Rs.193.15 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  started,  the  District courts heard 1,01,77,289 cases while the High Court heard 55,24,021 cases (totalling to 1.57  crore)  till  31.10.2021  using  video  conferencing  only.  The  Supreme  Court  had 1,50,692 hearings since the lockdown period upto 29.10.2021.

- (iii) Filling  up  of  vacant  positions  in  Supreme  Court,  High  Courts and  District and Subordinate Courts: From 01.05.2014 to 29.11.2021, 44 Judges were appointed in Supreme Court. 688 new Judges were appointed and 583 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 1098 currently. Sanctioned and working strength of Judicial Officers in District and Subordinate Courts has increased as follows:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 06.12.2021 | 24,489                | 19,292             |

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  Resolution  passed  in  Chief  Justices'  Conference  held  in  April,  2015,

Arrears Committees have been set up in 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. In the past, Minister of Law & Justice has taken up the matter with Chief Justices of High Courts and Chief Ministers in the past drawing their attention to cases pending for more than five years and to take up pendency  reduction  campaign.  The  Department  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 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  31.10.2021,  914  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,  Government  has  approved  a  scheme  for  setting  up  1023  Fast  Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of

Rape under IPC and crimes under POCSO Act. As on date, 28 States/UTs have joined the  scheme  for  setting  up  of  842  FTSCs  including  363  'exclusive  POCSO  Courts'. Rs.140 crore was released in the financial year 2019-20 and Rs. 160.00 crore has been released  during  the  financial  year  2020-21  for  the  scheme.  681  FTSCs  are  presently functional including 381 exclusive POCSO Courts, which disposed 64217 cases as on 31.10.2021. The continuation of the Scheme of FTSC has been approved for another two years  (2021-23)  at  a  total  outlay  of  Rs.  1572.86  crore,  including  Rs.  971.70  crore  as Central share.

(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.

(d) & (e): Independence of judiciary is one of the basic features of the Constitution of India as laid down by the Supreme Court in the case of S.P. Gupta vs Union of India. The Constitution has several provisions that ensure the independence and autonomy of the  judiciary  like  security  of  tenure;  that  judicial  conduct  of  a  judge  of  the  Supreme Court  and  the  High  Courts  cannot  be  discussed  in  the  Parliament  and  the  State Legislature respectively except in case of their removal and that too on the ground of proven  misbehavior  and  incapacity;  the  power  of  Supreme  Court  and  High  Court  to punish for contempt of itself etc. Moreover the Directive Principles of State Policy lays down that the State shall take steps to separate the judiciary from the executive in the public services of the State.

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