Lok Sabha Question No. 3046 (UNSTARRED), answered on 2024-12-13
Subject: Complaints of Misconduct in Court
Ministry: LAW AND JUSTICE
Asked by: Shri Amra Ram

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †3046 TO BE ANSWERED ON FRIDAY, THE 13 TH DECEMBER, 2024

## COMPLAINTS OF MISCONDUCT IN COURT

## †3046. SHRI AMRA RAM:

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

- (a) whether there is a need to increase the number of courts and judges to ensure timely justice;
- (b) if so, the time-frame thereof and if not, the reasons therefor;
- (c) the mechanism in place to resolve the complaints of misconduct in the courts; and
- (d) the total number of complaints of misconduct against women received during the last five years along with the action taken thereon and the outcome thereof?

## ANSWER

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

## (SHRI ARJUN RAM MEGHWAL)

- (a) & (b): The disposal of pending cases in time bound manner is within the exclusive domain of the judiciary. However, the disposal of cases in courts is contingent upon several factors 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 the delay in the 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.

The Sanctioned Strength of Judicial Officers in District and Subordinate Courts has increased from 19,518 in the year 2014 to 25,741 as on 09.12.2024 by the State Governments and concerned High Courts. During the period from 01.05.2014 to 09.12.2024 with the approval of the respective State Governments, concerned High Courts and the Chief Justice of India, the Central Government has increased the Judge strength of the High Courts from 906 to 1122 i.e. by 216 posts.

The Supreme Court (Number of Judges) Amendment Act, 2019 came into force w.e.f. 09.08.2019 by which the Supreme Court (Number of Judges) Act, 1956 was amended to increase the sanctioned strength of Supreme Court of India from 30 to 33 (excluding CJI).

(c): The Chief Justice of India is competent to receive complaints against the conduct of the Judges of the Supreme Court and the Chief Justice of the High Courts. Similarly, the Chief Justices of the High Courts are competent to receive complaints against the conduct of their Courts. Administrative control over the members of the subordinate judiciary in the States vests with the concerned High Court and State Government.

(d): As per information provided by the Supreme Court of India, during the last five years, four complaints were filed with Internal Complaints Committee of the Supreme Court of India, of which two were withdrawn and the remaining two were dealt with according to the Conduct Rules/POSH Act. The report submitted in both the said cases have been accepted by the Competent Authority.

Further, there is one Gender Sensitisation Internal Complaints Committee of the Supreme Court of India which is governed by its own regulations, titled as 'The Gender Sensitisation & Sexual Harassment of Women at the Supreme Court

of India (Prevention, Prohibition and redressal), Regulations, 2013' and Gender Sensitization and Sexual Harassment of Women at Supreme Court (Prevention, Prohibition and redressal) Guidelines, 2015. Under these Rules, 16 complaints have been received over the past five years and have been duly disposed.

However, the details of the complaints of misconduct against women received at the level of the High Courts and District and Subordinate courts are not centrally maintained.

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