Lok Sabha Question No. 3220 (UNSTARRED), answered on 2016-08-04
Subject: New Courts
Ministry: LAW AND JUSTICE
Asked by: HARI OM PANDEY, ARVIND GANPAT SAWANT, M. K. RAGHAVAN, RAHUL KASWAN, N.K. PREMACHANDRAN, LAXMI NARAYAN YADAV, RAJESH KUMAR DIWAKAR, RAM CHARITRA

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 3220

## TO BE ANSWERED ON THURSDAY, THE 04 TH  AUGUST, 2016

## New Courts

## 3220. SHRI HARI OM PANDAY:

SHRI ARVIND SAWANT:

SHRI M. K. RAGHAVAN:

SHRI RAHUL KASWAN:

SHRI N.K. PREMACHANDRAN:

SHRI LAXMI NARAYAN YADAV:

SHRI RAJESH KUMAR DIWAKER:

SHRI RAM CHARITRA NISHAD:

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

- (a) whether the Government is aware that the number  of Courts and their infrastructures  have  not  been  developing  in  proportionate  to  the  increasing number of cases across the country;
- (b)  if  so,  the  reaction  of  the  Government  thereto  along  with  the  steps  taken  /  being taken in this regard;
- (c) whether the Government proposes to extend financial assistance to the States for new  Courts,  development  of  infrastructure  and  Information  Technology  in  the courts;
- (d) if so, the details thereof along with such assistance released during each of the last three years and the current year, State / UT-wise;
- (e) whether the Government proposes to set up new Courts including the Benches of High Courts and Supreme Court in various States in the country; and
- (f) if so, the details thereof along with the present status of proposals received in the recent past from various State Governments in this regard?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P.P. CHAUDHARY)

(a) to (f): The primary responsibility for development of infrastructural facilities for judiciary in the  States  rests  with  State  Governments.    In  order  to  augment  the  resources  of the State Governments,  a  Centrally  Sponsored  Scheme  (CSS)  for  development  of  infrastructure facilities for judiciary has been in operation since 1993-94.  Financial assistance to the tune of Rs. 5,350 crore has been provided under the Scheme to the States and Union Territories so far since inception of the Scheme.  The details of financial assistance sanctioned to the

States  /  Union  Territories  during  the  last  three  years  and  current  year  are  given  in  the Statement annexed .

As per information made available by the High Courts, the sanctioned strength and working strength of judges/ judicial officers in Subordinate Courts stood at 20,502 and 16,070 respectively as on 31.12.2015. There were 4,432 vacancies. At the same time 16,513 court halls / court rooms were available for Subordinate Courts and 2,447 court halls / court rooms were under construction.

Besides  providing  financial  assistance  for  infrastructure  development  the  Central Government  is  also  implementing  eCourts  Mission  Mode  Project  for  the  Information  and Communication Technology (ICT) enablement / computerization of the Courts.  Funds under this Scheme are being primarily released to National Informatics Centre (NIC) and the High Courts.

The  subject  matter  of  setting  up  of  Subordinate  Courts  in  the  State  falls  within  the domain of State Governments and High Courts concerned.  The proposal for setting up of a Bench  of  a  High  Court  is  considered  by  the  Central  Government  only  after  receipt  of  a complete proposal from the State Government which inter-alia includes  the  consent  of  the Chief  Justice  of  the  concerned  High  Court.    Requests  for  establishment  of  High  Court Benches in different parts of the country have been received from some State Governments. However, at present there is no proposal complete in all respects pending for consideration by the Central Government.

Article 130 of the Constitution provides that the Supreme Court shall sit in Delhi or in such other place as the Chief Justice of India may, with the approval of the President, from time to time, appoint.  The Law Commission of India in its 229 th Report had suggested that a Constitutional  Bench  be  set  up  at  Delhi  and  four  Cassation  Benches  be  set  up  in  the Northern region at Delhi, the Southern region at Chennai / Hyderabad, the Eastern region at Kolkata and the 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 18 th February, 2010, found no justification for setting up of benches of the Supreme Court outside Delhi.

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## STATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 3220 FOR ANSWER ON 04 TH  AUGUST, 2016.

Statement  of  Grants  Sanctioned  under  CSS  Scheme  for  Infrastructural  Facilities  for Judiciary (Rs. in Lakhs)

| Sl. No.                | State Funds sanctioned in 2013-14   | Funds sanctioned in 2014-15   | Funds sanctioned in 2015-16   | Funds sanctioned in 2016-17 up to 03 rd August, 2016   |
|------------------------|-------------------------------------|-------------------------------|-------------------------------|--------------------------------------------------------|
| 1 Andhra Pradesh       |                                     |                               |                               |                                                        |
| 2 Bihar                |                                     | 4909.35                       |                               | 5000.00                                                |
| 3 Chhattisgarh         |                                     | 2176.60                       |                               |                                                        |
| 4 Goa                  |                                     |                               |                               |                                                        |
| 5 Gujarat              | 10000.00                            | 10000.00                      | 5000.00                       | 5000.00                                                |
| 6 Haryana              | 3632.00                             |                               | 5000.00                       |                                                        |
| 7 Himachal Pradesh     | 806.00                              |                               |                               |                                                        |
| 8 Jammu & Kashmir      | 3428.00                             | 3429.00                       | 1325.00                       | 2104.00                                                |
| 9 Jharkhand*           | 1693.00                             | 3044.00                       | 3044.00                       |                                                        |
| 10 Karnataka           | 10384.00                            | 16370.00                      | 5000.00                       |                                                        |
| 11 Kerala              |                                     |                               |                               |                                                        |
| 12 Madhya Pradesh      | 6141.00                             | 6141.00                       | 5000.00                       |                                                        |
| 13 Maharashtra         | 10000.00                            | 9975.00                       | 5000.00                       | 4975.00                                                |
| 14 Orissa              |                                     |                               |                               |                                                        |
| 15 Punjab              | 12000.00                            | 9805.00                       | 5000.00                       | 4800.00                                                |
| 16 Rajasthan           |                                     |                               | 5000.00                       | 4374.00                                                |
| 17 Tamil nadu          | 7343.00                             |                               |                               | 5000.00                                                |
| 18 Uttarakhand         | 2043.00                             | 3559.05                       |                               |                                                        |
| 19 UttarPradesh        | 12530.00                            | 12531.00                      | 5000.00                       | 5000.00                                                |
| 20 West Bengal         |                                     | 2000.00                       |                               |                                                        |
| Total (A)              | 80000.00                            | 83940.00                      | 44369.00                      | 36253.00                                               |
| NE States              |                                     |                               |                               |                                                        |
| 1 Arunachal Pradesh    |                                     | 1000.00                       | 1593.00                       |                                                        |
| 2 Assam                |                                     |                               |                               |                                                        |
| 3 Manipur              | 1500.00                             | 2000.00                       | 2000.00                       |                                                        |
| 4 Meghalaya            | 1474.00                             | 1709.00                       | 2037.00                       |                                                        |
| 5 Mijoram              | 812.56                              | 1085.00                       |                               |                                                        |
| 6 Nagaland             |                                     | 2016.00                       |                               | 2000.00                                                |
| 7 Sikkim               | 2802.84                             |                               |                               |                                                        |
| 8 Tripura              | 2910.60                             | 1550.00                       |                               |                                                        |
| Total (B)              | 9500.00                             | 9360.00                       | 5630.00                       | 2000.00                                                |
| UTs                    |                                     |                               |                               |                                                        |
| 1 A & N Islands        |                                     |                               |                               | 259.68                                                 |
| 2 Chandigarh           |                                     |                               |                               |                                                        |
| 3 Dadra & Nagar Haveli |                                     |                               |                               |                                                        |
| Diu                    |                                     |                               |                               |                                                        |
| 4 Daman & 5 Delhi      |                                     |                               | 6,040.32                      |                                                        |
| 6 Lakshadweep          |                                     |                               |                               |                                                        |
| 7 Pondicherry          |                                     |                               | 259.68                        | 2500.00                                                |
| Total (C)              | 0.00                                | 0.00                          | 6300.00                       | 2759.68                                                |
| Grand Total (A+B+C)    | 89500.00                            | 93300.00                      | 56299.00                      | 41012.68                                               |

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