Lok Sabha Question No. 4189 (UNSTARRED), answered on 2024-12-20
Subject: Delay in Implementation of e-Court Mission
Ministry: LAW AND JUSTICE
Asked by: Dr. Prashant Yadaorao Padole

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

## LOK SABHA UNSTARRED QUESTION No. 4189 TO BE ANSWERED ON FRIDAY, THE 20 th  DECEMBER, 2024

## Delay in Implementation of e-Court Mission

## 4189. DR. PRASHANT YADAORAO PADOLE:

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

- (a) whether it is fact that there is constant delay in implementation of e-Court Mission Mode Project in Maharashtra, if so, the reasons therefor;
- (b) the  reasons  for  not  achieving  the  targets  of  digitizing  court  records  and bringing improvement in IT infrastructure in the district courts, along with the measures being taken to address these delays;
- (c) the  details  of  Gram  Nyayalaya  Scheme  in  Maharashtra  particularly  in reference to establishment and operations thereof;
- (d) the  reasons  for  various  Gram  Nyayalayas  being  inactive  along  with  the steps being taken to deal with these challenges; and
- (e) whether any initiative  has  been  taken or assistance  programme  has  been launched recently by the Government for promotion of alternative dispute resolution mechanism like arbitration?

## 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) and  (b) :  No.  As  per  information received from  the Central Project Coordinator  (CPC),  eCourts  Project,  Bombay  High  Court,  there  is  no  delay  in implementation  ofeCourts  Project  in  the  State  of  Maharashtra.  As  informed, almost  the  entire  funds  allocated  during  first  Phase  and  Second  Phase  of  the project  have  been  utilised  completely  and  the  Phase  -  III  is  currently  under progress. Out of Rs. 125,24,30,700 released under Phase - II, Rs. 125,19,68,985

was utilized. Similarly, out of Rs. 69,53,84,392 released in FY 2023-24, as part of Phase  -  III,  Rs.  69,53,83,820  was  utilized.  Till  2023,  digital  infrastructure  has been provided to 18,735 courts including, 2201 courts  under the High Court of Bombay.

The digitization of records is moving at a fast pace in the High Court of Bombay and as on date, 1,66,47,045 pages have been digitized in the High Court. A pilot project with respect to digitization of records has been initiated at the district level in  Sangli  and  the  City  Civil  Court,  Mumbai.  As  the  process  of  providing  the Central Cloud repository for storing documents is being managed at the level of eCommittee, Supreme Court of India, the same is soon going to be taken up at the District Courts across the State.

(c) and (d) : In order to provide access to justice to the citizens at their door steps, the Central Government had enacted the Gram Nyayalayas Act, 2008.  In terms of Section  3  (1)  of  the  Gram  Nyayalayas  Act,  2008,  the  State  Governments are responsible for establishing Gram Nyayalayas in consultation with their respective High Courts.  As per the data provided by the High Court of Bombay, there are 39 Notified Gram Nyayalayas in the State of Maharashtra as on date, out of  which  26  are  Operational  in  the  State.  District-wise  list  of  notified  and operationalized Gram Nyayalayas in Maharashtra is at Annexure I.

According to certain studies, the main reasons for slow progress in setting up of Gram  Nyayalayas  include,  non-filling  of  the  post  of  Nyayadhikaris  in  many States,  non-availability  of  public  prosecutors,  notaries  and  general  shortage  of first-class judicial magistrates, limited pecuniary jurisdiction of Gram Nyayalayas, insufficient staff, inadequate financial backing from States, reluctance  from  legal  and  state  authorities  and  lack  of  community  awareness. Besides, the issue of overlapping jurisdiction with regular courts is another reason for slow take off in respect of Gram Nyayalayas in some States. Moreover, many States have their own parallel systems of village courts functioning at panchayat level.

To set up Gram Nyayalayas in the country, it was decided in the Conference of Chief Justices of High Courts and Chief Ministers of the States on 7th April, 2013 that  the  State  Government  and  High  Courts  should  take  decision  on  setting  up Gram  Nyayalayas  wherever  feasible,  taking  into  account  the  local  issues  and situations, as it is a voluntary scheme. The Central Government has been urging the States through meetings to operationalize the already notified  Gram Nyayalayas, on a regular basis.

(e) : During the past decade, the Government of India has taken various initiatives in the realm of Alternative  Dispute  Resolution  (ADR)  mechanisms.  The Government is promoting ADR mechanisms including arbitration and mediation, as  these  mechanisms  are  less  adversarial  and  are  capable  of  providing  a  better substitute to the conventional methods of resolving disputes. Various initiatives have been taken to strengthen these mechanisms and make them more efficacious and expeditious. The major initiatives taken by the Central Government over the years in this regard include:

- i. The Arbitration and Conciliation Act, 1996 has been progressively amended in the years 2015, 2019 and 2020. These amendments aim at ensuring timely conclusion  of  arbitration  proceedings,  neutrality  of  arbitrators,  minimizing judicial  intervention  in  the  arbitral  process  and  efficacious  enforcement  of arbitral awards. The amendments are further aimed at promoting institutional arbitration,  updating  the  law  to  reflect  best  global  practices  and  resolve ambiguities  thereby  establishing  an  arbitration  ecosystem  where  arbitral institutions can flourish.
- ii. The India International Arbitration Centre Act, 2019, was enacted to provide for the establishment of the India International Arbitration Centre (Centre) for  the  purpose  of  creating  an  independent,  autonomous  and  world  class body for facilitating institutional arbitration and to declare the Centre to be an institution of national importance. The Centre has since been established and aims to inspire confidence amongst parties, both domestic and

international, by providing a neutral dispute resolution platform for resolution of commercial disputes through arbitration. The Centre has also notified  the  India  International  Arbitration  Centre  (Conduct of  Arbitration) Regulations,  2023,  to  facilitate  conduct  of  domestic  and  international arbitrations,  with  a  focus  on  efficient  and  time-bound  arbitration  process. The  Chamber  of  Arbitration  established  under  Section  28  of  the  India International  Arbitration  Centre  Act,  2019  continues  to  empanel  reputed arbitrators,  both  for  domestic  and  international  arbitrations.  The  Centre  is envisaged  to  become  a  model  arbitral  institution  in  the  country,  thereby paving  the  way  for  enhancing  the  quality  of  institutional  framework  for arbitration.

- iii. The Commercial Courts Act, 2015 was amended in the year 2018 to provide inter-alia  for  Pre-Institution  Mediation  and  Settlement  (PIMS)  mechanism. Under this mechanism, where a commercial dispute of specified value does not contemplate any urgent interim relief, the parties have to first exhaust the mandatory remedy of PIMS before approaching the Court. This is aimed at providing an opportunity to the parties to  resolve  the  commercial  disputes through mediation.
- iv. The Mediation Act, 2023, lays down the statutory framework for mediation to  be  adopted  by  parties  to  a  dispute,  especially  institutional  mediation, wherein various stakeholders have also been identified to establish a robust and efficacious mediation ecosystem in the country.

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## Annexure I

Statement  referred  to  in  reply  of  Lok  Sabha  Unstarred  Question  No.  4189  for 20/12/2024 regarding Delay in Implementation of e-Court Mission. District wise list of Notified and Operational Gram Nyayalayas in Maharashtra are as below:

|   S.No | Name of the Block/Area   | Name of District   | Notified   | Operational   |
|--------|--------------------------|--------------------|------------|---------------|
|      1 | Sevagram(Wardha)         | Wardha             | Yes        | Yes           |
|      2 | Gadchandur(Korpana)      | Chandrapur         | Yes        | Yes           |
|      3 | Uralikanchan(Haveli)     | Pune               | Yes        | Yes           |
|      4 | Kasarkheda(Nanded)       | Nanded             | Yes        | Yes           |
|      5 | Nizampur(Sakri)          | Dhule              | Yes        | Yes           |
|      6 | Ralegaon-Sddhi (Parner)  | Ahmednagar         | Yes        | Yes           |
|      7 | Pali (Ratnagiri)         | Ratnagiri          | Yes        | Yes           |
|      8 | Kharwali (Mahad)         | Alibag-Raigad      | Yes        | Yes           |
|      9 | Jawahar                  | Thane              | Yes        | Yes           |
|     10 | Bodwad                   | Jalgaon            | Yes        | Yes           |
|     11 | Korchi                   | Gadchiroli         | Yes        | Yes           |
|     12 | Mulchera                 | Gadchiroli         | Yes        | Yes           |
|     13 | Vaibhavwadi              | Sindhudurg         | Yes        | Yes           |
|     14 | Goregaon                 | Gondia             | Yes        | Yes           |
|     15 | Tala                     | Raigad             | Yes        | Yes           |
|     16 | Jalkot                   | Latur              | Yes        | Yes           |
|     17 | Shirur Anantpal          | Latur              | Yes        | Yes           |
|     18 | Mandangad                | Ratnagiri          | Yes        | Yes           |
|     19 | Salekasa                 | Gondia             | Yes        | Yes           |
|     20 | Male (Tal Mulshi)        | Pune               | Yes        | Yes           |
|     21 | Deola                    | Nashik             | Yes        | Yes           |
|     22 | Alipur (Hinganghat)      | Wardha             | Yes        | Yes           |
|     23 | Poladpur                 | Raigad-Alibag      | Yes        | Yes           |
|     24 | Trimbakeshwar            | Nashik             | Yes        | Yes           |
|     25 | Chikhaldara              | Amravati           | Yes        | No            |
|     26 | Jivti                    | Chandrapur         | Yes        | No            |
|     27 | Akkalkuwa                | Dhule              | Yes        | No            |
|     28 | Bhamaragad               | Gadchiroli         | Yes        | No            |
|     29 | Itapalli                 | Gadchiroli         | Yes        | No            |
|     30 | Gaganbawada              | Kolhapur           | Yes        | No            |

|   31 | Peth      | Nashik        | Yes   | No   |
|------|-----------|---------------|-------|------|
|   32 | Umri      | Nanded        | Yes   | No   |
|   33 | Welhe     | Pune          | Yes   | Yes  |
|   34 | Mhasala   | Raigad-Alibag | Yes   | No   |
|   35 | Dodamarg  | Sindhudurg    | Yes   | No   |
|   36 | Vikramgad | Thane         | Yes   | No   |
|   37 | Mokhada   | Thane         | Yes   | No   |
|   38 | Talasari  | Thane         | Yes   | No   |
|   39 | Deoli     | Wardha        | Yes   | Yes  |