Lok Sabha Question No. 2146 (UNSTARRED), answered on 2023-12-15
Subject: Delay in Delivery of Justice
Ministry: LAW AND JUSTICE
Asked by: Jual Oram, Gautham Sigamani Pon, Malook Nagar

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

## LOK SABHA

## UNSTARRED QUESTION NO.2146 TO BE ANSWERED ON FRIDAY, THE 15 TH  DECEMBER, 2023

## DELAY IN DELIVERY OF JUSTICE

## 2146. SHRI JUAL ORAM:

DR. PON GAUTHAM SIGAMANI: SHRI MALOOK NAGAR:

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

- (a) whether Government is aware of the problem being faced by common people in getting justice in time due to continuous rise in the number of pending cases in the various courts across the country and if so, the details thereof;
- (b) whether  Government  is  considering for setting up various courts  and appointing the judges in large numbers across the country to ensure quick delivery of judgement to the people and speedy disposal of cases pending in various courts and if so, the details thereof and the time by which the final decision in this regard is likely to be taken;
- (c) if so, whether the Government is making efforts to ensure that poor people have easy access to the judicial system and if so, the details thereof;
- (d)  whether  it  is  also  a  fact  that  the  cause  of  justice  is  best  served  by  making  it accessible to all and if so, the details thereof; and
- (e) whether it is also true that cost and language are barriers for getting access to justice in the country and if so, the details thereof?

## ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY

OF CULTURE

## (SHRI ARJUN RAM MEGHWAL)

- (a): As per information available on National Judicial Data Grid (NJDG), the pendency of cases across courts, as on 1.12.2023, is as follows:

| S. No       | Court                        | No. of Pending Cases   |
|-------------|------------------------------|------------------------|
| 1           | Supreme Court                | 80,040                 |
| 2           | High Court                   | 61,75,579              |
| 3           | District &Subordinate Courts | 4,46,30,237            |
| Grand Total | Grand Total                  | 5,08,85,856            |

Source: National Judicial Data Grid (NJDG).

There  are  several  reasons  that  lead  to  pendency  of  cases  in  courts  which, inter-alia , include  availability  of  physical  infrastructure  and  supporting  court  staff,  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. Other factors that lead to delay in disposal of cases include lack of prescribed timeframe by respective courts for disposal of various kinds of cases, frequent adjournments and lack of adequate arrangement to monitor, track and bunch cases for hearing. Moreover, in case of pendency of criminal cases, the Criminal Justice  System  functions  on  assistance  by  various  agencies  viz.  Police,  Prosecution,  Forensic Labs, Handwriting Experts and Medico-Legal Experts. Delay in providing assistance by allied agencies also entails delay in disposal of cases.

(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.  Accordingly,  setting  up  of  Benches  of  a  High  Court  is  considered  by  the Government of India only after receipt of a complete proposal from the State Government with the  consent  of  the  Chief  Justice  of  the  High  Court  and  the  Governor  of  the  State.  The  State Government has to provide requisite infrastructure and facilities for establishment of a Bench of a High Court as well as expenditure of the High Court and its Benches. At present, there is no complete proposal for establishment of High Court Benches.

Appointment of the Judges of the Constitutional Courts is a continuous, integrated and collaborative  process  between  the  Executive  and  the  Judiciary.  It  requires  consultation  and approval from various constitutional authorities both at state and central level. While every effort is  made to fill up the existing vacancies expeditiously, vacancies of Judges in High Courts do keep  on  arising  on  account  of  retirement,  resignation  or  elevation  of  Judges  and  also  due  to increase in the strength of Judges.

The  Judge  strength  of  Supreme  Court  of  India  has  been  increased  from  31  to  34 (including Chief Justice of India) in 2019. In so far as various High Courts are concerned, the judge  strength  of  High  Courts  has  been  increased  from  906  in  May,  2014  to  1114  as  on 11.12.2023.The Government is committed towards speedy delivery of Justice. As a result of the collaborative  process  between  the  Executive  and  Judiciary,  during  the  year  2022,  165  Judges were appointed in various High Courts which is a significant number of  appointments in one year. Further, 110 Judges have been appointed in various High Courts till 11.12.2023.

In the last five years, 01 new post of judge in Tripura High Court and 18 new posts of Judges  in  the  Telangana  High  Court  were  created  in  2021.In  the  year  2022,  06  new  posts  of Judges  in  the  Orissa  High  Court  and  04  new  posts  in  Himachal  Pradesh  High  Court  were created.06 new posts of Judges in the Gauhati High Court have been created w.e.f. 06.02.2023.

The establishment of District / Session Courts in the country lies within the domain of the  State  Governments,  who  set  up  such  courts  as  per  their  requirement  and  resources,  in consultation with the respective High Courts having territorial jurisdiction.

The appointment of Judges and Judicial Officers in the District and Subordinate Courts falls  within  the  domain of the High Courts and State Governments concerned and the Central Government has no direct role in the matter. The strength of subordinate judiciary has seen a marked increase, with district judiciary's  sanctioned strength of 19,518 in year 2014 rising to 25,423 in the year 2023, while the corresponding working strength rising from 15,115 judicial officers in the year 2014 to 20,026 in the year 2023.

For timely appointment of judges in the district and subordinate judiciary, the Hon'ble Supreme Court of India, through a judicial order in January 2007 in Malik Mazhar Sultan case, stipulated  certain  timelines  according  to  which  the  process  for  recruitment  of  judges  in subordinate courts should commence on 31st March of a calendar year and end by 31st October of the same year.

(c) to (e): While  providing  justice  to  the  people  lies  primarily  within  the  domain  of  the Judiciary, the Government is making multiple efforts to ensure that justice is accessible to all, especially  the  poor  and  downtrodden  and  that  cost  and  language  barriers  do  not  hinder  easy access to justice. The important initiatives in this regard are as under: -

- i. Under  the  e-Courts  Mission  Mode  Project,  information  and  communication  technology (ICT)  has  been  leveraged  for  IT  enablement  of  district  and  subordinate  courts.  The

intervention of technology has contributed to the increase in case clearance rate/disposal particularly during the  COVID  times.  The  'Case  Clearance  Rate'  of  District  & Subordinate Courts had risen from 60.57% in 2011 to 89.33% in 2022. Components of eCourts  Mission  Mode  Project  such  as  Video  Conferencing,  Virtual  Courts  for  traffic challans, eFiling, ePayment, eSewa kendras, eCourts services app and portal, JustIS app, National  Service  and  tracking  of  Electronic  Processes  (NSTEP),  etc.  have  helped  in reducing the procedural delay, thus, enabling faster adjudication of cases. A total of 2.92 crore virtual hearings had been conducted by various High Courts and Subordinate Courts until  31.10.2023.  The  Cabinet  on  13.09.2023  has  approved  eCourts  Phase-III  with  a budgetary outlay of Rs.7,210 crore. Taking the gains of Phase-I and Phase-II to the next level,  the  e-Courts  Phase-III  aims  to  usher  in  a  regime  of  maximum  ease  of  justice  by moving  towards  digital,  online  and  paperless  courts.  It  intends  to  incorporate  latest technology such as Artificial Intelligence (AI), Block chain etc., to make justice delivery more robust, easy and accessible to all the stakeholders.

- ii. For the safety and security of women and children, the central government has approved a scheme  for  setting  up  Fast  Track  Special  Courts  (FTSCs)  across  the  country  for  the expeditious disposal of pending cases of Rape under IPC and crimes under Protection of Children  from  Sexual  Offenses  (POCSO)  Act,  2012.  As  of  31.10.2023,  a  total  of  758 FTSCs including 412 exclusive POCSO (ePOCSO) Courts are functional in 30 States/UTs across the country. FTSCs Scheme has been further extended for 3 more years i.e. from FY 2023-24 to FY 2025-26.
- iii. The Central Sector Scheme 'Designing Innovative Solutions for Holistic Access to Justice (DISHA)' was launched in the year 2021 to provide pan India comprehensive and citizencentric legal delivery, advice, assistance and empowerment solutions through Tele-Law, Pro  Bono  Legal  Services  (Nyaya  Bandhu)  and  Legal  Literacy  and  Legal  Awareness programmes. Under the Tele-Law programme launched in 2017, an effective and reliable e-interface platform is provided 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 Application. As on 30th November, 2023 legal advice for 60,23,222 cases had been enabled through 2.5 lakh CSCs under the aegis of Tele Law and Tele Law Mobile App. In 2017, Nyaya Bandhu (Pro Bono Legal Services)

was also launched to provide free legal assistance and counsel to eligible persons through advocates who are registered  with  the  Department  of  Justice.  Nyaya  Bandhu's  primary initiative is to establish a framework for dispensation of pro bono legal services across the country. Apart from this, efforts have been made to institutionalize pro bono culture and pro bono lawyering the country.

- iv. 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  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.
- v. Under the Centrally Sponsored Scheme (CSS) for Judicial Infrastructure for District and Subordinate  Courts,  suitable  infrastructure  such  as  court  halls,  residential  quarters, lawyers halls, toilet complexes and digital computer rooms are being constructed. There has been a marked increase in the number of court halls available from 15,818 in year 2014  to  21,500  in  year  2023.  Similarly,  there  has  been  an  increase  in  the  number  of residential units for judicial officers from 10,211 units in year 2014 to the present 18,882 units in year 2023.
- vi. For enhancing the access to justice for the poor people, National Legal Services Authority (NALSA) has  been  step  up  under  The  Legal  Services  Authorities  (LSA)  Act,  1987  to provide free and competent legal services to the weaker sections of the society as covered under Section 12 of the Act, to ensure that opportunities for securing justice are not denied to  any  citizen  by  reason  of  economic  or  other  disabilities.  The  activities/programmes undertaken by Legal Services Authorities include Legal Aid and advice; Legal Awareness Programmes; Legal Services/Empowerment camps; Legal Services Clinics; Legal Literacy Clubs; Lok Adalats and implementation of Victim Compensation Scheme.

Lok Adalats are being given impetus as an 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. There are three types of  Lok  Adalats:  National  Lok  Adalats,  State  Lok  Adalats  and  Permanent  Lok  Adalats. Mobile Lok Adalats are also organized in various parts of the country, which travel from one location to another to resolve disputes in order to facilitate the resolution of disputes through a mediated mechanism. Since June, 2020, online Lok Adalat/e-Lok Adalats have been  organized  virtually  that  facilitates  party  interaction  and  exchange  of  information, allowing  people  to  effectively  participate  from  their  homes  with  the  help  of  internet technology.

- vii. The Government is aware of the difficulties which common people face because of the litigation  costs  and  language  barriers  in  the  day-to-day  court  proceedings.  Recognizing that  language  is  a  barrier  in  access  to  justice  in  the  country,  Article  348(1)(a)  of  the Constitution  of  India  mandates  that  while  all  proceedings  in  the  Supreme  Court  and  in every High Court, shall be in English language, as per Clause (2) of the Article 348 it is stated  that  notwithstanding  anything  in  sub-clause  (a)  of  clause  (1),  the  Governor  of  a State  may,  with  the  previous  consent  of  the  President,  authorize  the  use  of  Hindi Language,  or  any  other  language  used  for  any  official  purposes  of  the  State,  in proceedings in the High Court having its principal seat in that State. In pursuance of the same,  the  use  of  Hindi  in  the  proceedings  of  High  Court  of  Rajasthan  was  authorized under clause (2) of Article 348 of the Constitution in 1950. After the Cabinet Committee's decision dated 21.05.1965, as mentioned above, the use of Hindi was authorized in the High  Courts  of  Uttar  Pradesh  (1969),  Madhya  Pradesh  (1971)  and  Bihar  (1972)  in consultation with the Chief Justice of India.

Government  of  India  had  received  proposals  from  the  Government  of  Tamil  Nadu, Gujarat, Chhattisgarh, West Bengal and Karnataka to permit the use of Tamil, Gujarati, Hindi, Bengali  and  Kannada  in  the  proceedings  of  the  Madras  High  Court,  Gujarat  High  Court, Chhattisgarh  High  Court,  Calcutta  High  Court  and  Karnataka  High  Court  respectively.  The advice of Chief Justice of India was sought on these proposals and it was intimated that the Full Court of the Supreme Court after due deliberations, decided not to accept the proposals.

Under  the  aegis  of  the  Ministry  of  Law  &  Justice,  the  Bar  Council  of  India  has constituted  'Bharatiya  Bhasha  Samiti'  chaired  by  former  Chief  Justice  of  India,  Hon'ble  Mr. Justice  S.A.  Bobde.    The  committee  is  developing  a  Common  Core  Vocabulary  close  to  all Indian languages for the purpose of translating legal material into regional languages.

Recently, on 26 th  November, 2023 during the Constitution Day celebrations, the Hon'ble President  of  India  inaugurated  the  eSCR  (electronic  Supreme  Court  Reports)  portal  of  the Supreme  Court  of  India,  developed  under  the  eCourts  Mission  Mode  Project.  This  portal includes  Hindi  translations  for  21,388  judgements  out  of  a  total  of  36,068  delivered  since January, 1950. Already, the English versions of all judgements are accessible through this portal at no cost to judges, lawyers, litigants and the general public.

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