Lok Sabha Question No. 2951 (UNSTARRED), answered on 2015-08-06
Subject: Implementation of Law Commission Report
Ministry: LAW AND JUSTICE
Asked by: SANTOSH AHLAWAT

**GOVERNMENT OF INDIA**

**MINISTRY OF LAW AND JUSTICE**

**DEPARTMENT OF JUSTICE**

**LOK SABHA**

**UNSTARRED QUESTION NO. 2951**

**TO BE ANSWERED ON THURSDAY, 06** **TH** **AUGUST, 2015**

**Implementation of Law Commission Report**

**2951. SHRIMATI SANTOSH AHLAWAT:**

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

**(a) whether the recommendations contained in 245th Report of the Law Commission of India has been accepted by the Government;**

**(b) if so, the details thereof along with the action taken thereon;**

**(c) whether the State Governments and High Courts have been directed to file their response to the said recommendations made by Law Commission;**

**(d) if so, the details and the status thereof; and**

**(e) the initiatives made by the Government in this regard?**

**ANSWER**

**MINISTER OF LAW AND JUSTICE**

**(SHRI D. V. SADANANDA GOWDA)**

(a) to (e) : The Law Commission of India had submitted its 245 th Report in July, 2014 on Arrears and Backlog : Creating Additional Judicial  manpower.  The focus of the report was to examine and suggest additional judicial manpower needed and its optimal utilization.

The Supreme Court, in the case of Imtiyaz Ahmed *versus* State of Uttar Pradesh & Others, *inter-alia,* asked the Law Commission of India to evolve a method for scientific assessment of the number of additional courts to clear the backlog of cases.  The Law Commission recommended ‘Rate of Disposal Method’ for calculating adequate judge strength for District and Subordinate Courts.  The Supreme Court has directed the State Governments and High Courts to file their response in the matter in the above case.  The matter is sub-judice at present.

**…..cont..2….**

**-2-**

The other recommendations of the Law Commission include increasing the retirement age of judges of subordinate courts, creation of special morning and evening courts for traffic / police challan cases, provision of adequate staff and infrastructure for the working of additional courts and enabling uniform data collection and data management method by High Courts in order to ensure transparency and to facilitate data based policy prescriptions for the Judicial System.

The Law Commission felt that a systemic perspective, encompassing all levels of the judicial hierarchy, is needed for meaningful judicial reform.  Taking measures for the timely disposal of cases at all levels of the judicial system; encouraging Alternative Dispute Resolution Methods, where appropriate and more efficient allocation and utilization of resources is required to fulfil the goal of providing timely justice to litigants.

The Joint Conference of Chief Ministers of States and Chief Justices of High Courts was convened on 5 th April, 2015 to discuss the broad agenda of judicial reforms.  With the enhanced devolution of funds to the States on the recommendations of the 14 th Finance Commission it now falls on the State Governments to increase investment in justice sector.  It was, accordingly, 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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