Lok Sabha Question No. 1679 (UNSTARRED), answered on 2022-12-16
Subject: Legal Reforms
Ministry: LAW AND JUSTICE
Asked by: Chandeshwar Prasad

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO.1679 TO BE ANSWERED ON FRIDAY, THE 16 th DECEMBER, 2022

## LEGAL REFORMS

## 1679. SHRI CHANDESHWAR PRASAD:

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

- (a) whether the Government has taken up any measures to address the challenges being faced in improving the access of justice to citizens;
- (b) if  so,  the  detail thereof and the steps taken to address the  challenges faced by the judiciary as pointed out by Economic Survey and Niti Aayog reports;
- (c) whether the Government is aware that the legal reforms is the need of the hour to suit contemporary development; and
- (d) if so, the details thereof and the steps taken by the Government in this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

( a) & (b): 'Designing Innovative Solutions for Holistic Access to Justice' (DISHA), is the Government of India Scheme launched for a period of five years 2021-2026 to advance  the  cause  of  access  to  justice.  It  aims  to  design  and  consolidate  various initiatives  to  provide  citizen-  centric  delivery  of  legal  services.  Under  DISHA  at present Tele-Law: Reaching the Unreached, Nyaya Bandhu (Pro Bono Legal Services) and Legal Literacy and Legal Awareness programmes are being implemented at a pan

India  level.  Moreover,  in  order  to  ensure  its  widened  reach,  dedicated  Information Education  and  Communication  (IEC)  including  (Technology)  component  has  been embedded in DISHA. To strengthen pre litigation legal  advice  and  consultation,  the Tele-Law Service connects the citizen with the Panel lawyers through the use of video /Tele conferencing facilities available at the Common Service Centres (CSCs) and via Tele-Law  Mobile  App.  This  service  is  free  of  cost  and  is  currently  operational  in 1,000,00 Gram Panchayats across 755 Districts (including 112 Aspirational districts) in 36  States  /UTs.  As  on  30th  November,  2022  advice  has  been  enabled  to  28  lakh beneficiaries.  The  Nyaya  Bandhu  (Pro  Bono  Legal  Services)  programme  aims  to provide free legal assistance and counsel to the marginalized sections. Nyaya Bandhu Mobile Application, for android and iOS phones, has been developed to connect the registered Pro Bono Advocates with the registered applicants. As on 30th November, 2022, 5202 Advocates have registered under the programme. As on 30th November, 2022,  69  Law  schools  across  the  country  have  constituted  'Pro  Bono  Clubs'  under Nyaya Bandhu (Pro Bono) programme to instil a culture towards pro bono lawyering among  the  law  students.To  provide  for  a  more  robust  framework,  Legal  Service Institutions  network  at  the  National,  State  and  District  and  Taluk  level,  constituted under the Legal Services Authorities, Act, 1987 have been integrated under the DISHA scheme to expand the outreach of Tele-Law and Nyaya Bandhu (Pro bono) and embed a dedicated Legal Literacy programme across 112 Aspirational districts.

(c) & (d): So  far  as  legal  reforms  is  concerned,  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  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 21,159court 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-SewaKendras  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             |
| 12.12.2022 | 25,011                | 19,192             |

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. 731 FTSC are functional including 412 exclusive POCSO Courts, which disposed more than 1,24,000 cases as on 31.10.2022.

(vii) 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   |

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