Lok Sabha Question No. 178 (STARRED), answered on 2024-08-02
Subject: Disposal of Pending Cases
Ministry: LAW AND JUSTICE
Asked by: Smt. Dhanorkar Pratibha Suresh

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

## LOK SABHA

## STARRED QUESTION NO.†*178 TO BE ANSWERED ON FRIDAY, THE 02 ND  AUGUST, 2024

## DISPOSAL OF PENDING CASES

†*178.  SMT. DHANORKAR PRATIBHA SURESH:

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

- (a) whether the Government has taken note of the suggestion made by Justice RM Lodha that the courts should function on all 365 days of the year to dispose off the pending cases;
- (b) if so, the details thereof and reaction of the Government thereto;
- (c)  whether  the  Government  proposes  to  increase  the  number  of  courts  and  its working, if so, the details thereof; and
- (d) whether the Government has consulted the concerned institutions/organisations in this regard, if so, the details thereof?

## ANSWER

THE 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) to (d): A Statement is laid on the Table of the House.

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## STATEMENT REFERRED TO IN REPLY TO PARTS (A) TO (D) OF RAJYA SABHA  STARRED  QUESTION  NO.  †*178  FOR  ANSWER  ON  02.08.2024 REGARDING 'DISPOSAL OF PENDING CASES'.

(a) & (b): The Government is aware of the suggestion made by Justice RM Lodha that the courts should function on all 365 days of the year to dispose off the pending cases.

The  Rajya  Sabha  Department-Related  Parliamentary  Standing  Committee  on Personnel, Public Grievances, Law And Justice (DRPSC) in its 133rd Report, on the subject "Judicial Processes and their Reform' while examining the issue 'Vacations in the  Supreme  Court  and  High  Courts'  had  referred  to  the  suggestion  of  former  Chief Justice of India Shri R.M. Lodha on court vacations that instead of all judges going on vacations, all  at  one  time,  individual  judges  should  take their leave  at different  times through the year so that the courts are constantly open and they are always present to hear cases. This Committee opined that this suggestion of former Chief Justice of India Shri R.M. Lodha on court vacations should be considered by Judiciary.Accordingly, the recommendation of the Rajya Sabha DRPSC in respect of the aforementioned subject was  forwarded  by  the  Government  to  the  Secretary  General,  Supreme  Court  and  all Registrars General of the respective High Court for appropriate consideration.

The  Supreme  Court  of  India,  in  exercise  of  the  powers  conferred  on  it  under Article 145 of the Constitution of India, makes rules for regulating the Court's practice and procedures which includes its sittings and vacations, etc. Accordingly, the Supreme Court has framed the 'Supreme Court Rules, 2013 which was notified on 27.05.2014. Order II of Part I of the Supreme Court Rules, 2013 provide for sittings of the Supreme Court, length of summer vacation and the number of holidays of the Court and also the Benches of the Hon'ble Judges during summer vacation and winter holidays.

Similarly,  the  High  Courts  in  exercise  of  the  powers  conferred  on  them  under Article  225  of  the  Constitution  of  India  frame  rules  for  regulating  their  practice  & procedures, including sittings and vacations.

(c) & (d): Article 130 of the Constitution of India provides that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India may, with the approval  of the President, from  time  to time,  appoint.  The  Eleventh  Law Commission in its 125th Report titled 'The Supreme Court - A Fresh Look', submitted in  1988,  reiterated  the  recommendations  made  by  Tenth  Law  Commission  in  its 95thReport for splitting the Supreme Court into two namely (i) Constitutional Court at Delhi and (ii) Court of appeal or Federal Court sitting in North, South, East, West and Central India. The Eighteenth Law Commission in its 229 th Report had also suggested that a Constitutional Bench be set up at Delhi and four Cassation Benches be set up in the Northern region at Delhi, Southern region at Chennai/Hyderabad, Eastern region at Kolkata and Western region at Mumbai. The matter was referred to the Chief Justice of India, who informed that after consideration of the matter, the Full Court in its meeting held  on  18th  February,  2010,  found  no  justification  for  setting  up  of  Benches  of  the Supreme Court outside Delhi. In Writ Petition WP(C) No. 36/2016 on establishment of National  Court  of  Appeal,  the  Supreme  Court  vide  its  judgment  dated  13.07.2016 deemed  it  proper  to  refer  the  aforementioned  issue  to  Constitutional  Bench  for authoritative pronouncement. The matter is sub-judice in the Supreme Court.

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 and after due consideration of a complete proposal from the State  Government  which  has  to  provide  necessary  expenditure  and  infrastructural facilities and the Chief Justice of the concerned High Court who is required to look after the  day today administration of the High Court. The proposal to be complete, should also have the consent of the Governor of the concerned State. At present, there is no complete  proposal  pending  with  the  Government  for  setting  up  of  Bench(es)  in  any High Court.

The setting up of more courts at district and subordinate level is in the domain of the concerned High Courts and respective State Governments.

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