Lok Sabha Question No. 262 (STARRED), answered on 2015-12-17
Subject: Judicial Reforms
Ministry: LAW AND JUSTICE
Asked by: GEETHA KOTHAPALLI

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

## LOK SABHA

## STARRED QUESTION NO.*262

## TO BE ANSWERED ON THURSDAY, 17 TH  DECEMBER, 2015

## Judicial Reforms

## *262. SHRIMATI KOTHAPALLI GEETHA:

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

- (a) whether the Government has taken note of huge pendency of cases in the Supreme Court, High Courts and Subordinate Courts, if so, the reaction of the Government thereto;
- (b)  whether  the  Government  proposes  to  bring  reforms  in  the  Judiciary,  including transparency and accountability of advocates towards litigants, if so, the details thereof;
- (c) whether the Government also proposes to introduce any Bill for Judicial reforms if so, the details and the present status thereof; and
- (d) the steps taken / being taken by the Government to unleash judicial reforms and ensure accountability and transparency in judicial administration in the country?

## 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. *262 FOR ANSWER ON 17 TH  DECEMBER, 2015.

National  Mission  for  Justice  Delivery  and  Legal  Reforms  was  set  up  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 manpower strength of judiciary, suggesting policy and legislative measures in the areas prone to excessive litigation, recommending reengineering of court procedure for quick disposal of cases and emphasis on human resource development.    On  account  of  concerted  efforts  made  by  the  stakeholders,  the  increasing trend of pendency of cases in the Supreme Court, High Courts and District & Subordinate courts has been checked.  A Statement indicating comparative position of pendency of cases in the Supreme Court, High Courts and Subordinate Courts is annexed.

The legislative  initiatives  taken  by  the  Government  in  the  recent  past  for  necessary legal  and  judicial  reforms  include  amendments  to  the  Negotiable  Instruments  Act,  1881  to clarify  the  jurisdictional  issues  and  provide  for  centralization  of  cases  against  the  same drawer, amendments to Arbitration and Conciliation Act, 1996 for time bound conclusion of arbitration  proceedings  and  constitution  of  Commercial  Courts,  Commercial  Division  and Commercial  Appellate  Division  in  the  High  Courts  for  speedy  disposal  of  high  value commercial  disputes.  Further  a  broad  based  participative  and  transparent  mechanism  for appointment  of  judges  in  the  High  Courts  and  Supreme  Court  was  created  with  the notification of 99 th Constitutional (Amendment)  Act,  2014  and  Judicial  Appointments Commission Act, 2014 on 13 th April, 2015.  The Supreme Court vide its order dated 16-102015  has  however  struck  down  these  two  enactments  which  had  collectively  established National Judicial Appointment Commission (NJAC).

In terms of the provisions contained in the Advocates Act, 1961, the Bar Council of India has framed  necessary  rules  which inter-alia provide  for  standards  of  professional  conduct  and etiquette for the advocates.  The government has impressed upon the Bar Council of India to improve the professional abilities and conduct of the members of the Bar.

****************

## Annexure

## Annexure referred to in Statement laid on the Table of the House in relation to reply to Lok Sabha Starred Question No.262 for answer on 17.12.2015

## Comparative position of pendency of cases in Supreme Court, High Courts and Subordinate Courts

## 1.  Pendency in Supreme Court

(Number of Cases)

| As on 31.12.2012   | As on 30.11.2015   |
|--------------------|--------------------|
| 66,692             | 58,879             |

## 2.  Pendency in High Courts

(Number of Cases)

| As on 31.12.2012   | As on 31.12.2014   |
|--------------------|--------------------|
| 44.34 lakh         | 41.53 lakh         |

## 3.  Pendency in District and Subordinate Courts

| As on 31.12.2012   | As on 31.12.2014   |
|--------------------|--------------------|
| 2.68 crore         | 2.64 crore         |

***********

(Number of Cases)