Lok Sabha Question No. 1434 (UNSTARRED), answered on 2023-07-28
Subject: National Judicial Data Grid
Ministry: LAW AND JUSTICE
Asked by: Asaduddin Owaisi

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

## LOK SABHA UNSTARRED QUESTION No. 1434 TO BE ANSWERED ON FRIDAY, THE 28 th JULY, 2023

## National Judicial Data Grid

## 1434. SHRI ASADUDDIN OWAISI:

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

- (a) whether as per National Judicial Data Grid, as on 20 January, 2023 there are over four crore cases pending in lower courts in the country of which 78 per cent are criminal and rest are civil;
- (b) if  so,  the  main  reasons  for  huge  pendency  of  cases  in  lower courts;
- (c) the extent to which non availability of Counsel, affordability of advocates  and  insufficient  free  legal  services  are  responsible for piling of cases;
- (d) whether  the  Government  has  taken  any  steps  in  consultation with States to reduce pendency of cases in lower courts; and
- (e) if so, the details thereof and further steps taken in this regard?

## 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):As  per  data  available  on  National  Judicial  Data  Grid,  as  on  1 st February 2023,  total  4,39,73,903cases  were  pending  in  District  &  Subordinate  courts across the country, of which74.98 per cent were criminal cases while rest were civil cases.
- (b)& (c): Pendency of cases in courts can be contributed to several factors which, inter-alia, include availability of adequate number of judges and judicial officers, supporting court staff and physical infrastructure, 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 delay in disposal of cases include lack of prescribed time frame 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.

(d) & (e): The disposal of pending cases in courts is within the domain of the judiciary  and  the  Government  has  no  direct  role  in  the  same.  However, The Central Government  is  fully committed  to speedy disposal of cases in accordance with Article 21 of the Constitution and to reducing pendency.  The Government  has  taken  several  initiatives  to  provide  an  ecosystem  for  faster disposal of cases by the judiciary.

National Mission for Justice Delivery and Legal Reforms was set up in August, 2011 with the twin 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.  The Mission has been  pursuing  a  co-ordinated  approach  for  phased  liquidation  of  arrears  and pendency in judicial administration, which, inter-alia, involves better infrastructure  for  courts  including  computerization,  increase  in  strength  of subordinate  judiciary,  policy  and  legislative  measures  in  the  areas  prone  to excessive  litigation,  re-engineering  of  court  procedure  for  quick  disposal  of cases and emphasis on human resource development.

Some of the initiatives taken by Department of Justice to aid the cause of justice delivery are as under:-

- i. 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  21,365  as  on  30.06.2023,  and  number  of residential units has increased from 10,211 as on 30.06.2014 to 18,846 as on 30.06.2023, under this scheme.

- ii. Government  has  been  regularly  filling  up  the  vacancies  in  higher judiciary. From 01.05.2014 to 10.07.2023, 56 Judges were appointed in Supreme  Court.  919  new  Judges  were  appointed  and  653  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. sanctioned and working strength of judicial officers in district and subordinate courts has increased as follow:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 24.07.2023 | 25,246                | 19,858             |

However,  filling up of vacancies in subordinate judiciary falls within the domain of the State Governments and high courts concerned.

- iii. In pursuance of a Resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set up in all 25 High Courts to clear cases pending for more than five years.  Arrears Committees have been set up under District courts as well.
- iv. 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.

- v. 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

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