Lok Sabha Question No. 101 (STARRED), answered on 2016-03-03
Subject: Judicial Impact Assessment
Ministry: LAW AND JUSTICE
Asked by: DARSHANA VIKRAM JARDOSH

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

STARRED QUESTION NO. *101

TO BE ANSWERED ON THURSDAY, 03 RD MARCH, 2016

Judicial Impact Assessment

*101. SHRIMATI DARSHANA VIKRAM JARDOSH:

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

- (a) whether any Task Force / Committee constituted to study "Judicial Impact Assessment" in the country;
- (b)  if  so,  the  terms  of  reference  and  the  composition  of  such  Task
- Force;
- (c) the major recommendations made by the Task Force; and
- (d) the follow-up action taken thereon?

## ANSWER

MINISTER OF LAW AND JUSTICE (SHRI D. V. SADANANDA GOWDA)

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

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  to  (d)  of  LOK SABHA STARRED QUESTION NO. *101 FOR ANSWER ON 03 rd March, 2016.

A Task Force on 'Judicial Impact Assessment' was constituted by the Government on the directions of the Supreme Court of India in the matter of Salem Advocates Bar Association versus Union of India.

|   1. | The Composition of the Task Force was as follows: Justice M. Jagannadha Rao (Retd.), former Judge of the Supreme Court and formerly Chairman, Law Commission of India.   | Chairman           |
|------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------|
|    2 | Prof. (Dr.) N. R. Madhava Menon, former Director of the National Judicial Academy, Bhopal.                                                                               | Member             |
|    3 | Prof. (Dr.) Mohan Gopal, Director of the National Judicial Academy, Bhopal.                                                                                              | Member             |
|    4 | Shri T.C.A. Anant, Member-Secretary of Indian Council of Social Science Research.                                                                                        | Member             |
|    5 | Dr. B. A. Agarwal, Additional Secretary in Legislative Department.                                                                                                       | Member - Secretary |

The Task Force was appointed with following Terms of Reference:

- (i) to  suggest the methodology to assess the likely impact of legislation on the  courts  and  also  an  appropriate  framework  so  that  every  Bill introduced in Parliament be accompanied  by  a  Judicial Impact Assessment;
- (ii) to suggest  ways  and means  of  preparation of Judicial Impact Assessment;
- (iii) to make an assessment of financial requirements so that the Financial Memorandum attached to each Bill reflects the budgetary requirements for meeting the expenses of additional cases (civil and criminal) which may arise in case the Bill is passed by the Legislature;
- (iv)to  recommend  the  content for  initiating  a  training  program  for  laying down  the  foundation  for  the  expertise  to  prepare  Judicial  Impact Assessment; and
- (v) to suggest any other measures for assessing the increase of the work load on the courts on passing of a new legislation.

The Task Force submitted its report on 15 th June, 2008, which was placed before the Hon'ble Supreme Court of India.

The  Task  Force  has, inter-alia, recommended  that  'Judicial  Impact Assessment' must be made on scientific basis for the purpose of estimating the extra case-load which any new Bill or Legislation may add to the Judicial System.  The expenditure required for adjudication of cases be estimated by the  Government  and  adequate  budgetary  provisions  be  made  for  the purpose.    Such  impact  assessment  needs to  be  made  in  respect  of  Bills which are  introduced  in  Parliament  as  well  as  Bills  introduced  in  the  State legislatures. The  Government  of  India,  in view  of Entry-11A  of the

Concurrent  List  and  Article  247  of  Constitution  of  India  and  the  general scheme  of  the  Constitution,  must  have  such  prior  assessments  made  and make  necessary  financial provision, at the stage of the enactment  / introduction of Bills, for implementation of Central Laws in respect of subjects in  the  Union  List  or  the  Concurrent  List  of  the  Seventh Schedule  of  the Constitution of India.  The State Governments should not be made to bear the  financial  burden  of  implementing  Central  laws  passed  under  the  Union List  or  Concurrent  List  by  the  Courts  established  by  Governments  in  the States.    The  State  Governments  should  be  required  to  make  adequate provision for meeting the expenditure of the Courts, at the stage of the Bills, for  the  implementation  of  the  Laws  made  by  the  State  Legislature  with respect to subjects in the State List and Concurrent List.

The views of the State Governments and High Courts were solicited on the Report of the Task Force.  Based on the feedback received from State Governments and High Courts, the matter regarding implementation  of the Report  of  the  Task  Force  was  deliberated  upon  in  the  meeting  of  the Advisory Council of National Mission for Justice Delivery and Legal Reforms held in November, 2012.  It was, inter-alia, decided that the methodologies of the Judicial Impact Assessment as recommended by the Task Force may be gone into further  by  a  Committee  of  Experts  to  assess  the  practicability  of their  implementation in the given circumstances.  During the Conference of Chief  Ministers  and  Chief  Justices  held  in  New  Delhi  in  April,  2013, this matter  was  included  in  the  Action  Taken  Report. It  was  mentioned  that expert opinions received so far have expressed practical difficulties in making assessment  of  the  impact  of  legislation  on  the  workload  of  judiciary. The practicability  of  the  idea  needs  to  be  established  before  it  is  implemented. Accordingly, a Committee of Experts was constituted in September, 2013 to examine the  issue  of  implementability  of  methodologies  of  Judicial  Impact Assessment and suggest further action in this regard.  The Committee in its report  submitted  on  9 th January,  2015, inter-alia, concluded  that  Judicial Impact Assessment was neither feasible nor desirable as a method of proper budgetary planning and allocation of funds for the judiciary.  It suggested an alternative  approach  for  budgetary  planning  for  the  judiciary  involving  the generation of periodic Access to Justice Reports to examine the needs of the judiciary in the light of their constitutional obligation to provide fair, quick and speedy justice.

The above report has been circulated to the State Governments and the  High  Courts.    It  is  pertinent  to  mention  here  that  on  account  of  the recommendations of the Fourteenth Finance Commission, there has been a substantial  increase in devolution  of funds to the State Governments.  The Central  Government  has, therefore, written  to  the  State  Governments  to utilize the  additional  fiscal  space  available  to  them  for  enhancing  the investment on judiciary in the States.  Further, during the Joint Conference of Chief Ministers of States and Chief Justices of High Courts convened on 5 th April, 2015, it was, inter-alia, resolved that Chief Justices and Chief Ministers shall institute a mechanism for regular communication among themselves to resolve  issues  particularly  those  relating  to  infrastructure  and  manpower needs and facilities for the judiciary.

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