Lok Sabha Question No. 2248 (UNSTARRED), answered on 2023-12-15
Subject: Findings of National Judicial Data Grid
Ministry: LAW AND JUSTICE
Asked by: Amar Singh

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

## LOK SABHA

UNSTARRED QUESTION NO.2248 TO BE ANSWERED ON FRIDAY, THE 15 TH  DECEMBER, 2023

## FINDINGS OF NATIONAL JUDICIAL DATA GRID

2248. DR. AMAR SINGH:

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

- (a) whether the Government has taken cognizance of the findings of the National Judicial Data Grid, which States that there are currently over 40 million pending cases in our courts, while the sanctioned strength of judges is around 20,000 only; and
- (b) if so, the details of the remedial steps proposed to be taken by the Government keeping  in  mind  that  a  large  number  of  cases  are  being  assigned  to  each  judge which lead to delay in the disposal of cases?

## 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)& (b): As  per  information  available  on  National  Judicial  Data  Grid  (NJDG)  the pendency of cases in the courts, as on 1.12.2023, are 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                  | 5,08,85,856            |

Source: National Judicial Data Grid (NJDG)

At present, as on 1.12.2023, the sanctioned strength of the judges is as follows:

| S. No   | Court                        | Sanctioned Strength of Judges   |
|---------|------------------------------|---------------------------------|
| 1       | Supreme Court                | 34                              |
| 2       | High Court                   | 1,114                           |
| 3       | District &Subordinate Courts | 25,420                          |
|         | Grand Total                  | 26,568                          |

Source: MIS portal, Department of Justice

Assignment of cases to the judges and its disposal lies within the exclusive domain of the judiciary.  The  Central  Government  has  no  direct  role  in  the matter.  The Government, however, has been making constant endeavors to provide an ecosystem for faster and efficient disposal of cases by the judiciary.

- i. To this end, the National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 with the avowed 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.
- ii. Under the Centrally Sponsored Scheme for Judicial Infrastructure, funds are being released  to  States/UTs  for  construction  of  court  halls,  residential  quarters  for judicial  officers,  lawyers'  halls,  toilet  complexes  and  digital  computer  rooms  that would ease the life of lawyers and litigants, thereby aiding justice delivery. As on date,  Rs.  10035  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  21,507  as  on  30.11.2023  and  number  of  residential  units  has increased  from  10,211  as  on  30.06.2014  to  18,882  as  on  30.11.2023,  under  this scheme.
- iii. Under the e-Courts Mission Mode  Project, information  and  communication technology (ICT) has been leveraged for IT enablement of district and subordinate courts. Furthering computerization of the district and subordinate courts with proper WAN connectivity, video conferencing facility, setting up of e-SewaKendras in the court complexes and virtual courts etc. under Phase-I and II of the eCourts project.

Recently, the Cabinet on 13.09.2023 has approved Phase-III of eCourts 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.

- iv. Besides, the government has been regularly filling up the vacancies in  the higher judiciary.  From  01.05.2014  to  08.12.2023,  61  Judges  were  appointed  in  Supreme Court.  965  new  Judges  were  appointed  and  695  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 1114 currently.
- v. Over a period of time, the strength of district & subordinate judiciary has seen a marked  increase.  The  district  judiciary's  sanctioned  strength  of  judicial  officers increased  from  19,518  in  the  year  2014  to  25,423  in  the  year  2023  while  the corresponding working strength increased from 15,115 in the year 2014 to 19,518 in the year 2023.
- vi. Separate Arrears Committees have been set up in all 25 High Courts to clear cases pending for more than five years in the wake of Chief Justices' Conference held in April, 2015. Similar Committees are functional at district courts.
- vii. Under  the  aegis  of  the  Fourteenth  Finance  Commission,  the  government  has established  Fast  Track  Courts  for  dealing  with  cases  of  heinous  crimes,  cases involving  senior  citizens,  women,  children,  HIV/AIDS  etc.  and  property  related cases pending for more than five years. As of 31.10.2023, 848 Fast Track Courts are functional. 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 POCSO Act. As of 31.10.2023, a total of 758 FTSCs including 412 exclusive POCSO (ePOCSO) Courts are functional in 30 States/UTs.
- viii. With a view 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.

- ix. Alternate  Dispute  Resolution  methods  have  been  promoted  whole  heartedly. Accordingly, the Commercial Courts Act, 2015 was amended on 20th August, 2018 making  Pre-institution  Mediation  and  Settlement  (PIMS)  mandatory  in  case  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.

Recently the Government has enacted the Mediation Act, 2023 which lays down that mediation can be conducted in civil and commercial matters in terms of the provisions of the Mediation Act, 2023 barring such matters explicitly listed in the  First  Schedule  of  the  Act  in  which  only  major  offences  have  been  excluded, leaving majority of the petty offences under the ambit of Mediation Act, 2023.

- x. Lok Adalats have come up as a viable 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. Lok  Adalat  is  not  a  permanent establishment.

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 organised  virtually  that  facilitates  party  interaction  and  exchange  of  information, allowing people to effectively participate from their homes with the help of internet technology.

- xi. The  Government  launched the  Tele-Law  programme in  2017,  which  provided  an effective and reliable e-interface platform 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.

- xii. Efforts have been made to institutionalize pro bono culture and pro bono lawyering in the country.

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