Lok Sabha Question No. 2617 (UNSTARRED), answered on 2023-08-04
Subject: Scheme for Transparent Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: Rahul Kaswan

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

## LOK SABHA

## UNSTARRED QUESTION NO. 2617

## TO BE ANSWERED ON FRIDAY, THE 04.08.2023

## Scheme for Transparent Appointment of Judges

## †2617. SHRI RAHUL KASWAN:

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

- (a) whether any scheme has been formulated to bring more transparency in the appointment of judges in the High Court and Supreme Court;
- (b) if so, the details thereof and  time  by  which  it  is  likely to  be implemented;
- (c) if not, the other steps taken/proposed to be taken in this regard;
- (d) whether the Government has reduced paper work by bringing judicial process online and linking it with internet facility; and
- (e) 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) to (e): In order to make the Collegium system of appointments of Judges of the Supreme Court and High Courts more broad-based, transparent, accountable and for bringing objectivity in the system, the Government brought into force the Constitution (Ninety-Ninth Amendment) Act,2014 and the National Judicial

Appointments Commission Act, 2014 w.e.f. 13.04.2015.However, both the Acts were  challenged  in  the  Supreme  Court.  The  Supreme  Court  vide  Judgment dated  16.10.2015  declared  both  the  Acts  as  unconstitutional  and  void.  The Collegium  system  as  existing  prior  to  the  enforcement  of  the  Constitution (Ninety-Ninth Amendment) Act,2014 was declared to be operative.

Subsequently,  the  Supreme  Court  vide  order  dated  16.12.2015  directed the Government to finalize the existing MoP by supplementing it in consultation with the Supreme Court Collegium (comprising of the Chief Justice of India and 4  senior  most  pusine  judges)  taking  into  consideration  eligibility  criteria, transparency, establishment of secretariat and mechanism to deal with complaints. The Government of India after due deliberations, proposed changes in the existing MoP and the draft MoPs were sent to the Hon'ble Chief Justice of India  vide  letter  dated  22.03.2016.  Responses  of  Supreme  Court  Collegium (SCC)  were  received on  25.05.2016  and  01.07.2016.  The  comments  of Government,  in  response  to  the  views  of  SCC  were  conveyed  to  the  Chief Justice of India on 03.08.2016. The SCC provided their comments on the views of the Government on draft MoP on13.03.2017. The stand of Government with suggestions to resolve issues involved in appointment of Judges was conveyed to the Secretary General of the Supreme Court vide letter dated 11.07.2017 of Secretary (Justice). In order to ensure transparency in appointment procedure, the government emphasised on the need for a more robust evaluation process by setting up a search-cum-evaluation committee.

In  its  recent  communication  dated  06.01.2023  to  the  Chief  Justice  of India, the Government has emphasized the need to finalize the MoP in view of various judicial pronouncements. In the letter dated 6.01.2023, the Government again requested the Supreme Court to consider various suggestions sent by the Government from time to time for making the system of appointment of judges to the Constitutional Courts more transparent, fair, representative and accountable.

The eCourts Integrated Mission Mode Project is a national eGovernance project for ICT enablement of district/subordinate courts of the country with a view to facilitate  faster  disposal  of  cases  by  speeding  up  court  processes  and providing transparent on-line flow of information on case status, orders/judgments  etc.  to  the  judiciary  as  well  as  litigants,  lawyers  and  other stakeholders. With  its  objective  of  universal  computerisation  and  Information and Communication Technology enablement of all the District & Subordinate Court  complexes,  the  Department  of  Justice  in  close  coordination  with  eCommittee of Supreme Court of India is implementing eCourts Project PhaseII. Till Phase-II, 18,735 District and Subordinate Courts have been computerized.  As  part  of  WAN  project,  connectivity  has  been  provided  to 99.4% of total Court Complexes across India. Using National Judicial Data Grid (NJDG),  Lawyers  and  Litigants  can  access  case  status  information  of  23.34 crore cases and more than 22.21 crore orders/judgments.

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,  using  video  conferencing,  the District and Subordinate Courts and High Courts have heard nearly 2.77 crore cases  and  the  Supreme  Court  had  heard  nearly  4.82  lakh  cases.  22  Virtual Courts have been established in 18 States / UTs to try traffic offences and have realized fine of more than Rs. 419.89 crores. To bridge the digital divide, 819 eSewa  Kendras  have  been  made  functional  under  25  High  Courts.  Citizen centric services are provided through 7 platforms or service delivery channels for providing real time information on case status, cause lists, judgements etc. to lawyers/litigants.  Live  streaming  of  court  proceedings  has  started  in  Gujarat, Gauhati, Orissa, Karnataka, Jharkhand, Patna, Madhya Pradesh High Courts &

Constitutional  Bench  of  Hon'ble  Supreme  court  of  India.  Judgment  Search Portal  has  been  providing  copies  of  judgments  of  High  Courts  free  of  cost. eCourts project have been accorded multiple awards of national repute.

In the Union Budget 2023-2024, the Government of India announced Phase-III of e-Courts project with an outlay of Rs.7000 crore. Based on the Detailed Project Report (DPR) approved by the e-Committee, Supreme Court  of  India,  the  Expenditure  Finance  Committee  in  its  meeting  held  on 23.02.2023 has approved the eCourts Phase III with a total outlay of Rs.7210 Crore.

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