Lok Sabha Question No. 30 (STARRED), answered on 2021-02-03
Subject: Pending Criminal and Civil Cases
Ministry: LAW AND JUSTICE
Asked by: Vinayak Bhaurao Raut, Lavu Sri Krishna Devarayalu, Rekha Arun Verma

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA STARRED QUESTION NO. † *30 TO BE ANSWERED ON WEDNESDAY, 03 RD  FEBRUARY 2021. PENDING CRIMINAL AND CIVIL CASES

## † *30. SHRI VINAYAK RAUT: SHRIMATI REKHA VERMA:

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

- (a) the  number of criminal and civil cases pending in the lower courts in Maharashtra and Uttar Pradesh;
- (b) the average time taken by lower courts for the disposal of various civil and criminal cases in Maharashtra and Uttar Pradesh;
- (c) the details of the vacancies of judges in the lower courts in Maharashtra and Uttar Pradesh along with the vacancies filled during the years 2020 and 2021;
- (d) whether any recent assessment has been made regarding the effects of these vacancies on the disposal of cases; and
- (e) If so, the details thereof?

## ANSWER

## MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) to (e): A Statement is laid on the Table of the House.

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## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA  STARRED  QUESTION  NO. † *30  FOR  ANSWER  ON  03.02.2021 REGARDING 'PENDING CRIMINAL AND CIVIL CASES'.

- (a): Number  of  criminal  and  civil  cases  pending  in  the  lower  courts  in Maharashtra and Uttar Pradesh as on 31.12.2020 is as follows:-
- (b): No data is centrally maintained with regard to the average time taken by the lower courts for the disposal of various civil and criminal cases  as it depends on the facts and circumstances of each case.
- (c): The details of the vacancies filled in the lower courts in Maharashtra  and Uttar Pradesh during the years 2020 and 2021 along with the details of vacancies are as follows:

|   S. No. | State         | Civil     | Criminal   | Total pendency as on 31.12.2020   |
|----------|---------------|-----------|------------|-----------------------------------|
|        1 | Maharashtra   | 13,63,965 | 31,40,608  | 45,04,573                         |
|        2 | Uttar Pradesh | 18,05,336 | 69,75,768  | 87,81,104                         |

|   S. No. | State       |   Vacancies as on 27.01.2021 |   Vacancies filled up during the year 2020 | Vacancies filled up during year 2021   |
|----------|-------------|------------------------------|--------------------------------------------|----------------------------------------|
|        1 | Maharashtra |                          292 |                                          7 | -                                      |

| 2.   | Uttar Pradesh   | 1046   | 84   | -   |
|------|-----------------|--------|------|-----|

(d) & (e): Disposal  of  cases  in  courts  is  within  the  domain  of  the  judiciary. Timely  disposal  of  cases  in  courts  depends  on  several  factors  which,  inter-alia, includes  availability  of  adequate  number  of  judges,  supporting  court  staff  and physical infrastructure, 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.

Under Article 235 of the Constitution of India, the administrative control over the  members  of  district  and  subordinate  judiciary  in  the  States  vests  with  the concerned High Court.  Further, in exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Government, in consultation with the High Court, frames the Rules and Regulations regarding the issues of appointment, promotion, reservations, etc. of Judicial Officers in the State Judicial Service.

However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases. 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 five years under various initiatives are as follows:

- (a) Improving infrastructure for Judicial Officers of District and Subordinate Courts : As on date, Rs. 8,288.30 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  20,062  as  on  28.01.2021  and  number  of residential units has increased from 10,211 as on 30.06.2014 to  17,736 as on 28.01.2021  under  this  scheme.  In  addition,  2,808  court  halls  and  1,843 residential units are under construction.
- (b) 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  from 13,672 (in 2014) to 18,735 as on 28.01.2021, registering an increase of 5,063. 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 01.01.2021, litigants can access case status of over 17.90 crore cases  and  13.36  crore  order/judgements  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-SewaKendras at court complexes to facilitate lawyers and litigants needing assistance ranging from case status, getting judgements/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.

Nine  Virtual  Courts  have  been  set  up  at  Delhi  (2  courts),  Faridabad (Haryana),  Pune  &  Nagpur  (Maharashtra)  Kochi  (Kerala),  Chennai  (Tamil Nadu), Guwahati (Assam) and Bengaluru (Karnataka) to try traffic offences. As on 20.01.2021, these courts  have handled  41,98,095 cases and realised Rs.139.25cr in fines.

- (c) Filling up of vacant positions in Supreme Court, High Courts and District and Subordinate  Courts : From  01.05.2014 to 25.01.2021, 35 Judges were appointed  in  Supreme  Court.  570  new  Judges  were  appointed  and  520 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 1080 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             |
| 28.01.2021 | 24,247                | 19,318             |

Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.

- (d) 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.

Further Communications have been addressed by Minister of Law & Justice to  Chief  Justices  of  High  Courts  and  to  Chief  Ministers  on  20.06.2014  and 14.08.2018 drawing their attention to  cases  pending  for  more  than  five  years and to take up pendency reduction campaign.

- (e) 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.
- (f) 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 18.01.2021, Fast Track Courts are functional for heinous crimes, crimes against women and children, family and metrimonial disputes,

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)  and  proportionate  funds  have been  released  to  these  States  by  the  Government.  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  823  FTSCs  including    'exclusive  POCSO  Courts'. Rs.140 crore was released in the financial year 2019-20 and Rs. 89.89 crore has been released during the financial year 2020-21 for the scheme. Presently 609 FTSCs are functional including 331 exclusive POCSO Courts.

- (g) 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.

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