Lok Sabha Question No. 2624 (UNSTARRED), answered on 2023-08-04
Subject: Approachable Judicial System to Common Man
Ministry: LAW AND JUSTICE
Asked by: Gopal Chinayya Shetty

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

## LOK SABHA

## UNSTARRED QUESTION NO.†2624 TO BE ANSWERED ON FRIDAY, THE 04 TH  AUGUST, 2023

## APPROACHABLE JUDICIAL SYSTEM TO COMMON MAN

## †2624. SHRI GOPAL CHINNAYA SHETTY:

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

- (a)  whether  the  attention  of  the  Government  has  been  drawn  toward  the observations made by the Chief Justice of India in a programme organized by the Karnataka State Bar Council, Bangalore on 18th September, 2021, paying tribute to the late Justice M.M. Shantanagoudar and stressing the need for such judicial systems where the common man do not feel scared and hesitate to speak the truth before the judges/judicial authorities in the court while approaching them given that the central point of any judicial system is the justice to litigant;
- (b) if so, the response of the Government thereto; and
- (c) the details of the steps taken/being taken by the Government 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) & (b): The judiciary is an independent organ under the Indian Constitution.  As such, the rules of practice and procedures governing appearance of litigants before the courts are framed by the courts themselves. The Supreme Court and High Courts, in exercise  of  the  powers  conferred  on  them  under  Article  145 and  225  of  the

Constitution of India respectively, make rules for regulating the Court's practice and procedures. The Central Government has no direct role in the said matter.

(c): The Central Government is fully committed to the independence of judiciary and constantly endeavors to provide a conducive environment to aid justice delivery. The Government has adopted a co-ordinated approach to assist judiciary in the task of dispensation of justice to the litigants, which, inter-alia , involves better infrastructure for  courts,  including  computerization,  increase  in  the  strength  of  judicial  officers  / judges, policy and legislative measures in the areas prone to excessive litigation, and emphasis on human resource development. The details of the multiple steps taken by the Government 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. Further under the e-Courts Mission Mode Project, information and communication  technology  (ICT)  has  been  leveraged  for  IT  enablement  of district  and  subordinate  courts.  The  number  of  computerised  district  & subordinate courts has increased to 18,735 so far. WAN connectivity has been provided to 99.4% of court complexes.  Video conferencing facility has been enabled between 3,240 court complexes and 1,272 corresponding jails. 815 eSewa Kendras have been set up at court complexes to facilitate lawyers and

litigants needing assistance ranging from case status, getting judgments/orders, court/case-related  information,  and  efiling  facilities.  22  virtual  courts  have been  set  up  in  18  States/UTs.  As  on  31.05.2023,  these  courts  have  handled more than 3.113 crore cases and realized more than Rs. 408 crores in fines. Ecourts Phase III is about to begin which intends to incorporate latest technology such Artificial Intelligence(AI) and Block chain to make justice delivery more robust, easy and accessible to all the stakeholders.

- iii. 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             |
| 31.07.2023 | 25,246                | 19,858             |

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

- iv. 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.
- v. 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  etc.  As  on  31.05.2023,  832  Fast Track  Courts  are  functional  for  heinous  crimes,  crimes  against  women,  and children etc. To fast track criminal cases involving elected MPs / MLAs, ten

(10) Special Courts are functional in nine (9) States/UTs. Further, the Central Government  has  approved  a  scheme  for  setting  up  1023  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  on  date,  28 States/UTs have joined the scheme.

- vi. 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.
- vii. 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.
- viii. Lok  Adalat  is  an  important  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.  National Lok Adalats are organized simultaneously in all Taluks, Districts and High Courts on a pre-fixed date. The details of the case disposed off in Lok Adalats during the last three years are as under:-
- ix. 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 App.
- x. Efforts  have  been  made  to  institutionalize  pro  bono  culture  and  pro  bono lawyering the country. A technological framework has been put in place where advocates volunteering to give their time and services for pro bono work can register as Pro Bono Advocates on Nyaya Bandhu (Android & iOS and Apps). Nyaya Bandhu Services also available on UMANG Platform. Pro Bono Panel of advocates have been initiated in 21 High Courts at the State level. Pro Bono

| Years                  | Pre-litigation Cases   | Pending Cases   | Grand Total   |
|------------------------|------------------------|-----------------|---------------|
| 2021                   | 72,06,294              | 55,81,743       | 1,27,88,037   |
| 2022                   | 3,10,15,215            | 1,09,10,795     | 4,19,26,010   |
| 2023 (upto 17.06.2023) | 3,00,11,291            | 61,88,686       | 3,61,99,977   |
| Total                  | 6,82,32,800            | 2,26,81,224     | 9,09,14,024   |

*Percentage Wise break-up of Tele - Law Data

| Till 28th Feb, 2023   | Cases Registered    | %Wise Break Up      | Advice Enabled      | %Wise Break Up      |
|-----------------------|---------------------|---------------------|---------------------|---------------------|
| Gender Wise           | Gender Wise         | Gender Wise         | Gender Wise         | Gender Wise         |
| Female                | 15,75,140           | 34.38               | 15,35,775           | 34.39               |
| Male                  | 30,06,772           | 65.62               | 29,30,601           | 65.61               |
| Caste Category Wise   | Caste Category Wise | Caste Category Wise | Caste Category Wise | Caste Category Wise |
| General               | 9,82,636            | 21.45               | 9,52,773            | 21.33               |
| OBC                   | 13,28,505           | 28.99               | 12,93,153           | 28.95               |
| SC                    | 14,88,971           | 32.50               | 14,53,283           | 32.54               |
| ST                    | 7,81,800            | 17.065              | 7,67,167            | 17.18               |
| Total                 | 45,81,912           |                     | 44,66,376           |                     |

Clubs have been started in 69 select Laws Schools to instill Pro Bono culture in budding lawyers.

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