LOK SABHA
Budget Session – 3rd Session of 17th Lok Sabha
WEDNESDAY, 18th MARCH 2020
INDEX
S.No. Question No.
Question Type
Date Subject Division Page Nos.
1. Question No.3934
Unstarred 18.03.2020 Lok Adalats A2J/LAP 2-6
2. Question No.3947
Unstarred 18.03.2020 Holidays in Courts Justice.I 7-8
3. Question No.3971
Unstarred 18.03.2020 Disposal of Criminal and Civil Cases
NM 9-10
4. Question No.3977
Unstarred 18.03.2020 Tele Law Scheme A2J/LAP 11-12
5. Question No.3980
Unstarred 18.03.2020 Recusal by Judges NM 13
6. Question No.3990
Unstarred 18.03.2020 Judicial Panels Justice.I 14
7. Question No.4017
Unstarred 18.03.2020 Hardships faced by Advocates
NM 15-19
8. Question No.4038
Unstarred 18.03.2020 Collegium on Appointment and Transfer of Judges
Appointment Division
20-21
GOVERNMENT OF INDIAMINISTRY OF LAW AND JUSTICE
DEPMRTMENT OF JUSTICE******
,.
LOKSABHA
UNSTARRED QUESTION NO 3934
TO BE ANSWERED ONWEDNESDAY, THE 18th MARCH, 2020
Lok Adalats
3934.DR. SHRIKANT EKNATH SHINDE:SHRI DHAIRYASHEEL SAMBHAJIRAO MANE:DR. SUJAY RADHAKRISHNA VIKHE PATIL:SHRI HEMANT SRIRAM PATIL:SHRI UNMESH BHAIYYASAHEB PATIL:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether Government has proposed to set up more Lok Adalats in the country toclear pending cases in High Courts and Lower Courts;
(b) if so, the details thereof along with the number of Lok Adalats presentlyfunctioning in various States;
(c) the number of cases cleared by the Lok Adalats during the last three years,State-wise; and
(d) the extent to which it has reduced the number of pending cases in HighCourts and Lower Courts?
ANSWER
MINISTER OF LAW & JUSTICE, COMMUNICATIONS ANDELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) to (c) 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. In order to reduce the
pendency of cases in courts and also to settle the disputes at pre-litigation stage,
Lok Adalats are organized by Legal Services Institutions at such intervals as it
deems fit. Lok Adalat is' not a permanent establishment. However, as per Section
19 of the LSA Act, Lok Adalats are organized by Legal Services Institutions as
per requirement. National Lok Adalats are organized simultaneously in all Taluks,
Districts and High Courts on a pre-fixed date.
In addition, Section 228 of the LSA Act also provides for establishment of
Permanent Lok Adalat by every State Authority to deal with cases of public utility
services at pre-litigation stage. 337 Permanent Lok Adalats are functioning in
various States & UTs. State-wise Permanent Lok Adalats and cases settled is at
Annexure-A. State-wise cases settled (both at pre-litigative stage and pending
cases) by Regular Lok Adalats and National Lok Adalats during the last three
years is at Annexure 8 and C respectively.
(d) During last three years, Regular Lok Adalats have settled 20,00,437 cases and
National Lok Adalats have settled 81,55,052 cases pending in High Courts and
Lower Courts.
********
4Annexure-A
Statement as referred to in reply to the Lok Sabha Unstarred Question No. 3934for 18.03.2020 raised by Dr. Shrikant Eknath Shinde & Ors. -Lok Adalats
A statement containing the number of cases settled in Permanent Lok Adalats(Public Utility Services) during the last three financial years 2017-18,2018-19 and
2019-20 (upto December, 2019)Cases Settled
PLAsS.No SLSA Functioning 2017-18 2018-19 2019-20 (uptoDec., 2019)
1 Andaman & Nicobar 1 1 1 0Islands
2 Andhra Pradesh 9 1404 1805 13173 Arunachal Pradesh 0 0 0 04 Assam 20 312 99 345 Bihar 9 78 491 5216 Chhattisgarh 5 163 122 677 Dadra & Nagar Haveli 0 0 0 0
8 Daman & Diu 0 0 0 09 Delhi 2 11922 18897 1437610 Goa 2 93 107 5711 Guiarat 4 439 365 11012 Haryana 21 40966 39930 3721313 Himachal Pradesh 4 75 70 9514 Jammu & Kashmir 0 0 0 015 Jharkhand 24 3137 6414 864916 Karnataka 6 8673 4014 454717 Kerala 3 818 544 29818 Lakshadweep 0 0 0 019 Madhya Pradesh 50 12094 951 37820 Maharashtra 4 10089 2981 284821 Manipur 0 0 0 022 Meghalaya 0 0 0 023 Mizoram 2 0 0 024 Nagaland 0 0 0 025 Odisha 18 1583 1352 142426 Puducherry 0 0 0 027 Punjab 22 19626 9427 672328 Rajasthan 35 3208 4423 409529 Sikkim 0 0 0 030 Tamil Nadu 32 0 0 2031 Telengana 6 4856 6243 212832 Tripura 6 49 245 17733 Chandigarh 1 3205 1653 51434 Uttar Pradesh 47 1663 2340 100735 Uttarakhand 4 5 151 28236 West Bengal 0 0 0 0
Grand Total 337 124459 102625 86880
Statement as referred to in reply to the Lok Sabha Unstarred Question No. 3934 for 18.03.2020 raised byDr. Shrikant Eknath Shinde & Ors. - Lok Adalats.
State-wise number of cases setted in Regular Lok Adalats during the financial years 2017-18,2018-19and 2019-20 (upto December,2020)2017-18 2018-19 2019-20 (upto Dec., 2019)
Name of the State Disposal of Disposal of Disposal of Disposal of Disposal of Disposal ofS.No. Authority Pre- Pending Pre- Pending Pre- Pending
(1) litigation Cases litigation Cases litigation CasesCases Cases Cases(2) (3) (4) (5) (6) (7)
1 Andaman & 114 318 75 0 99 191Nicobar Islands
2 Andhra Pradesh 2969 13243 2605 11126 1489 75473 Arunachal Pradesh 23 25 13 13 69 494 Assam 4072 105079 605 57673 644 321855 Bihar 2089 194 1171 190 810 1226 Chhattisgarh 435 11013 602 5085 376 11197 Dadra & Nagar 0 10 2 3 0 0Haveli8 Daman & Diu 0 0 0 0 0 09 Delhi 3685 0 4393 0 12893 233310 Goa 226 397 21 111 51 2911 Gujarat 3324 15750 843 17819 1099 1547312 Haryana 20679 128849 0 143703 0 9946613 Himachal Pradesh 99 52800 73 75107 0 6038514 Jammu & Kashmir 1509 2976 3615 6996 1933 1318915 Jharkhand 1592 6314 3563 8905 1574 473516 Karnataka 8426 105846 6335 83281 1870 2888817 Kerala 18896 8142 25667 6065 12931 359418 Lakshadweep 13 0 198 0 0 019 Madhya Pradesh 2795 5082 603 2958 908 756120 Maharashtra 21 1096 9 789 1300 659221 Manipur 0 0 28 0 0 022 Meghalaya 0 10 86 80 0 023 Mizoram 498 28 411 66 288 11024 Nagaland 0 0 0 0 0 025 Odisha 176 267148 62 82655 22 3661726 Puducherry 774 337 846 165 378 14327 Punjab 871 6109 6216 23050 274 357228 Rajasthan 2462 70815 2373 8300 907 432229 Sikkim 292 385 577 152 313 12330 Tamil Nadu 12666 6358 9413 7731 6030 539631 Telengana 3052 11383 3973 9059 4228 559732 Tripura 206 73676 331 56738 612 647533 Chandigarh 39 4 88 0 21 034 Uttar Pradesh 3639 5930 14437 27139 1467 180235 Uttarakhand 0 16868 4 7804 26 2600136 West Bengal 888870 27985 285892 29762 7494 10126
Grand Total 9,84,512 9,44,170 3,75,130 6,72,525 60,106 3,83,742
Annexure-B
Pending Cases settled = Col (3) + Col (5) + Col (7) = 20,00,437
Statement as referred to in reply to the Lok Sabha Unstarred Question No. 3934 for 18.03.2020 raised byDr. Shrikant Eknath Shinde & Ors. - Lok Adalats.
State-wise number of cases settled in National Lok Adalats during the years 2017, 2018 and 2019.2017 2018 2019S.No. Name of the State Disposal of Disposed of Disposal of Disposed Disposal of Disposed ofAuthority Pre- Pending Pre- of Pending Pre- Pending(1) litigation cases litigation cases litigation cases
Cases Cases Cases(2) (3) (4) (5) (6) (7)
1 Andaman & Nicobar 288 825 0 0 0 0Islands2 Andhra Pradesh 28616 118949 28996 66021 8224 891913 Arunachal Pradesh 386 595 947 391 399 1894 Assam 23521 35143 19841 11351 16434 51625 Bihar 190786 26614 151050 19933 144071 209136 Chhattisgarh 28971 17159 36340 34022 20762 368867 Dadra & Nagar 14 83 10 160 1860 161Haveli8 Daman& Diu 45 82 37 70 198 519 Delhi 6884 24514 12022 63524 28065 4331210 Goa 1147 1319 1438 1266 456 110911 Gujarat 63637 132205 41818 95287 43469 14968112 H~ana 29739 44326 32984 58157 40633 6266513 Himachal Pradesh 2413 21183 4943 15355 10695 1473714 Jammu & Kashmir 43631 31214 19312 40018 8944 2323315 Jharkhand 51003 33084 47385 24673 33098 1613016 Karnataka 26588 58682 14830 85127 32020 24982917 Kerala 17510 21683 66208 39805 83528 4520118 Lakshadweep 98 36 103 0 1 319 Madhya Pradesh 212237 121574 191949 118620 157676 7675720 Maharashtra 356795 154554 660134 148491 334306 9407021 Manipur 1802 167 1600 89 1917 7722 M~halaya 941 962 447 489 409 28623 Mizoram 977 22 1056. 20 470 2524 Nagaland 283 182 2061 267 829 14425 Odisha 30701 118564 13371 27917 13394 2980326 Puducherry 977 4016 670 4075 872 332227 Punjab 27122 78084 37627 74144 20307 6870928 Rajasthan 76287 103326 47754 117867 49890 16920829 Sikkim 164 114 141 92 115 5030 Tamil Nadu 167404 373314 106217 369536 29909 31068531 Telengana 79806 93117 45114 43021 56241 5459732 Tripura 2049 3200 2526 319 3112 24233 Chandigarh 332 12227 326 11457 907 1028134 Uttar Pradesh 660803 1194296 1656280 1068336 1498268 98613735 Uttarakhand 3976 13014 7851 26636 9113 1694536 West Bet!9_al 339595 89910 19250 43387 25891 36999Grand Total 24,77,528 29,28,339 32,72,638 26,09,923 26,76,483 26,16,790
Annexure-C
Pending Cases settled = Col (3) + Col (5)+ Col (7)= 81,55,052
7
GOVERNMENT OF INDIAMINISTRY OF LAW AND JUSTICE
DEPARTMENT OF JUSTICE
LOKSABHA
UNSTARRED QUESTION NO. 3947
TO BE ANSWERED ON WEDNESDAY, THE 18TH MARCH, 2020
Holidays in Courts
t3947. SHRI JYOTIRMAY SINGH MAHATO:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the number of holidays in the Judiciary is maximum in comparison
to other Government offices and establishments in the country at present
and if so, the details thereof; and
(b) whether by reducing the number of holidays, filling all the vacant posts of
judges and limiting the number of hearings is likely to help in speedy
disposal of all the pending cases and if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS& INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) and (b): As Judiciary is an independent organ of the State under the
Constitution of India, working days/hours and duration of vacations in the
Supreme Court and in the High Courts are regulated by Rules framed by
the respective Court. The working days as well as working hours of the
District/Subordinate Courts are regulated by the respective High Court.
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8
Disposal of cases pending in courts is within the domain of judiciary.
The Government has adopted a co-ordinated approach to assist judiciary for
phased liquidation of arrears and pendency in judicial systems, which, inter
alia, includes better infrastructure for courts including computerization,
increase in strength of judicial officers/judges, policy and legislative
measures in the areas prone to excessive litigation and emphasis on human
resource development. Central Government has no role in the appointment
of Subordinate Judiciary as filling up of vacancies in the District and
Subordinate Courts falls within the domain of the High Courts and the StateGovernments concerned.
-0-
GOVERNMENT OF INDIA
MINISTRY OF LAW & JUSTICEDEPARTMENTOF JUSTICE
LOKSABHA
UNSTARREDQUESTIONNO. 3971TO BE ANSWERED ONWEDNESDAY,THE 18thMARCH, 2020
Disposal of Criminal and Civil Cases
3971. SHRI SANJAY KAKA PATIL:SHRI SUNIL KUMAR PINTU:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Government proposes to fix any time limit for disposal of criminaland civil cases in various courts in the country;
(b) if so, the details thereof and if not, the reasons therefor;
(c) whether the Government proposes to set up any commission or committee forjudicial reforms and speedy disposal of pending court cases; and
(d) if so, the details thereof and if not, the reasons therefor?
ANSWERMINISTEROF LAW AND JUSTICE, COMMUNICATIONSAND ELECTRONICS&
INFORMATIONTECHNOLOGY(SHRI RAVI SHANKAR PRASAD)
(a): No, Sir.
(b): As judiciary is an independent organ of the State under Constitution of India, suchmattersare regulated by the Judiciary and Government has no role to play.
ID
(c) and (d): National Mission for Justice Delivery and Legal Reforms was set up inAugust, 2011 with the twin objectives of increasing access by reducing delays andarrears in the system and enhancing accountability through structural changes and by
setting performance standards and capacities. The Mission has been pursuing a coordinated approach for phased liquidation of arrears and pendency in judicialadministration, which, inter-alia, involves better infrastructure for courts includingcomputerisation, increase in strength of subordinate judiciary, policy and legislativemeasures in the areas prone to excessive litigation, re-engineering of court procedurefor quick disposal of cases and emphasis on human resourcedevelopment.
To advise on the goals, objectives and strategies of the National Mission andthe Action Plan and its implementation, an Advisory Council has been set up under theChairmanshipof Minister of Law and Justicewith wide rangingmembership. An actionplan of the National Mission was formulated under 5 strategic initiatives which arereviewed by the Advisory Council of the National Mission from time to time. Elevenmeetings of the Advisory Council have been held so far. Activities under the NationalMissionare of an on-going nature and regular reports are presented before the AdvisoryCouncil of the National Mission.
************
"GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICEDEPARTMENT OF JUSTICE
******
LOKSABHA
UNSTARRED QUESTION NO. 3977
TO BE ANSWERED ON WEDNESDAY, THE 18th MARCH, 2020
Tele Law Scheme
3977. SHRI RITESH PANDEY:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the details of initiatives taken under the project "Tele Law Scheme ,New
Legal Aid and Empowerment Initiatives" in various States during each of the
last three years and the current year, State-wise;
(b) the action taken with regard to improving the institutional capacities of
justice service providers, State-wise; and
(c) the outcomes of the scheme, State-wise, including the State of Uttar
Pradesh?
ANSWER
MINISTER OF LAW & JUSTICE, COMMUNICATIONS ANDELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) Under Access to Justice scheme of Department of Justice, Tele-Law
Programme has been functioning since 2017 in the States of Uttar
Pradesh, Bihar and North-Eastern States that include Assam, Meghalaya,
Manipur, Tripura, Arunachal Pradesh, Mizoram, Nagaland and Sikkim and
the Union Territory of Jammu and Kashmir, in co-operation with Common
Service centers (CSCs). Initially free legal advice was given through 1800
CSCs for the persons entitled for free legal aid under section 12 of Legal
Services Authorities, Act 1987, and others with Rs. 30/- per consultation as
payment through panel lawyers via video conferencing and telephone
facilities, available through CSCs at Panchayat Level. The programme has
)2-
since been expanded to 115 Aspirational Districts in the country, thus
covering total number of 29860 CSCs at present.
(b) to (c) To improve the institutional capacities of justice service providers,
State-wise, Department of Justice with the help of CSC e- Governance
Services India limited (CSC e-Gov) and National Legal Services Authority
(NALSA) is providing periodical trainings to Para Legal Volunteers (PLVs),
Village Level Entrepreneurs (VLEs) and Panel Lawyers(PLs). Under the
Tele-Law Scheme, 180482 cases have been registered and in 171348\
cases, legal advice has been provided including beneficiaries from the
State of Uttar Pradesh as on 29th February, 2020.
********
I,GOVERNMENTOF INDIA
MINISTRYOF LAW & JUSTICEDEPARTMENTOF JUSTICE
LOKSABHA
UNSTARRED QUESTIONNO. 3980
TO BE ANSWERED ONWEDNESDAY, THE 18thMARCH, 2020
Recusal by Judges
3980. SHRI ASADUDDIN OWAISI:
SHRI SYED IMTIAZ JALEEL:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether cases of recusal by judges are on the rise year after year;(b) if so, the number of judges who recused them from hearing cases;
(c)whether this practice is delaying the hearing of cases and is time
consuming and if so, the details thereof;(d) whether judges do not give any reason for recusal from hearing cases;(e) if so, whether Government propose to make it mandatory for judges to
give reasons for recusal; and(f) if so, the details thereof and time by which a final decision is likely to be
taken thereon?
ANSWERMINISTEROF LAW AND JUSTICE, COMMUNICATIONSAND ELECTRONICS&
INFORMATIONTECHNOLOGY(SHRI RAVI SHANKAR PRASAD)
(a) to (f): Disposal of pending cases in courts and related case management procedure
including recusal by judges falls squarely within the domain of judiciary. Information on
cases of recusal by judges is not maintained by the Government. Reasons for recusal, if
any, are recorded in the court proceedings.
'4GOVERNMENT OF INDIA
MINISTRY OF LAWAND JUSTICEDEPARTMENT OF JUSTICE
LOKSABHA
UNSTARRED QUESTION NO. 3990
TO BE ANSWERED ONWEDNESDAY, THE 18TH MARCH, 2020
Judicial Panels
3990. SHRI M. BADRUDDIN AJMAL:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the details of judicial panels set up by the Government during the last five years
and the current year along with issues on which the panels were constituted;
(b) the number out of them who have submitted their reports to the Government;
(c) the action taken by the Government thereon; and(d) the time by which the remaining panels are likely to submit their reports to the
Government?
ANSWER
MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS &INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) to (d) The information is being collected and will be laid on the Table of the
House.
-0-
GOVERNMENTOF INDIA
MINISTRYOF LAW & JUSTICE
DEPARTMENTOFJUSTICE
LOKSABHA
UNSTARREDQUESTIONNO.4017
TO BE ANSWEREDONWEDNESDAY,THE 18thMARCH,2020
Hardships faced by Advocates
4017.MS.S. JOTHIMANI:
Will the Minister of LAWAND JUSTICEbe pleased to state:
(a)whether the Government is aware of the hardships faced by advocates and
litigants due to sudden non-functioning of courts and discharge of benches;
(b) if so, steps that are being taken to avoid or resolve such problems faced in
the judicial system;(c) whether the Government will consider a suggestion to ensure anSMS/emaii communication facility to inform the parties and advocates about
the adjournments of cases and discharge of benches and if so, the details
thereof;
(d) whether the Government will issue guidelines to courts and State judiciary
including tribunals to ensure real-time updation of the websites with timelyuploading of judgements (in PDF) and search options and if so, the detailsthereof; and
(e) the measures that are being taken to make the judicial system more
accessible to the public?
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ANSWER
MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS &
INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) and (b): Functioning of courts and discharge of benches is within the domain of
judiciary. Government has no role in this regard.(c): Push SMS and automatic email facility are available in District Court through Case
Information System (CIS) in e-Courts portal. Litigants and Advocates can register their
Mobile Numbers and Email 10 with CIS. The registered users get regular updates of
their cases through SMS and emails. They can get soft copy of the orders andjudgements of their cases through their emails.
(d): Uploading/updating of information on their websites is within the domain of judiciary.
Government has no role in this regard.
(e): National Mission for Justice Delivery and Legal Reforms was set up in August, 2011
.with the twin objectives of increasing access by reducing delays and arrears in thesystem and enhancing accountability through structural changes and by settingperformance 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 strength of subordinate judiciary, policy and legislative measures in theareas prone to excessive litigation, re-engineering of court procedure for quick disposalof cases and emphasis on human resource development. The major steps taken during
the last five years under various initiatives are as follows:(a) Improving infrastructure for Judicial Officers of District and Subordinate
Courts: As on date, Rs. 7,453.10 crores have been released since the
inception of the Centrally Sponsored Scheme (CSS) for Development of
Infrastructure Facilities for Judiciary in 1993-94. Out of this, Rs.4,008.80crores (which is 53.79% of the total amount released till date) have beenreleased to the States and UTs since April, 2014. The number of court halls
'7
•
has increased from 15,818 as on 30.06.2014 to 19,694 as on 29.02.2020
and number of residential units has increased from 10,211 as on
30.06.2014 to 17,432 as on 29.02.2020 under this scheme. In addition,
2,814 court halls and 1,843 residential units are under construction.
(b) Leveraging Information and Communication Technology (ICT) for improvedjustice deliverv: Government has been implementing the e-Courts MissionMode Project throughout the country for Information and CommunicationTechnology enablement of district and subordinate courts. Number of
computerized District & Subordinate courts has increased from 13,672 to
16,845 registering an increase of 3,173 during 2014 till date. New and user
friendly version of Case Information Software has been developed anddeployed at all the computerized District and Subordinate Courts. All
stakeholders including Judicial Officers can access information relating to
judicial proceedings/decisions of computerized District & Subordinate
Courts and High Courts on the National Judicial Data Grid (NJOG).
Currently, case status information in respect of over 13.13 crore pendingand disposed cases and more than 11.46 crore orders / judgments
pertaining to these computerized courts is available on NJDG. eCourtsservices such as details of case registration, cause list, case status, dailyorders & final judgments are available to litigants and advocates through
eCourts web portal, Judicial Service Centres (JSC) in all computerized
courts, eCourts Mobile App, email service, SMS push & pull services. Video
Conferencing facility has been enabled between 3240 court complexes and
1272 corresponding jails.(c) Filling up of vacant positions in Supreme Court, High Courts and District and
Subordinate Courts: From 01.05.2014 to 29.02.2020, 35 Judges were
appointed in Supreme Court. 522 new Judges were appointed and 443
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 1079 currently. Sanctioned and working strength of Judicial Officers
in District and Subordinate Courts has increased as follows:
As on Sanctioned Working Strength
Strength
31.12.2013 19,518 15,115
29.02.2020 24,018 19,160
Filling up of vacancies in Subordinate judiciary falls within the
domain of the State Governments and High Courts concerned.
(d) Reduction in Pendency through I follow up by Arrears Committees: In
pursuance of resolution passed in Chief Justices' Conference held in April,
2015, Arrears Committees have been set up in High Courts to clear cases
pending for more than five years. Arrears Committees have been set up
under District Judges too. Arrears Committee has been constituted in the
Supreme Court to formulate steps to reduce pendency of cases in High
Courts and District Courts.
(e) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act,
2015 (as amended on zo" August, 2018) stipulates mandatory pre
institution mediation and settlement 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.
(f) Initiatives to Fast Track Special Type of Cases: The Fourteenth Finance
Commission endorsed the proposal of the Government to strengthen the
judicial system in States which included, inter-alia, establishing Fast Track
Courts for cases of heinous crimes; cases involving senior citizens, women,
children etc., and urged the State Governments to use the additional fiscal
space provided in the form of enhanced tax devolution form 32% to 42% to
meet such requirements. As on 31.12.2019, 828 Fast Track Courts are
functional for heinous crimes, crimes against women and children, family
and matrimonial disputes, etc. To fast track criminal cases involving elected
MPs I MLAs, ten (10) Special Courts are functional in nine (9) State slUTs (1
each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra
Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi)
•
and proportionate funds have been released to these States by the
Government. Further, Government has approved a scheme for setting up
1023 Fast Track Special Courts (FTSCs) across the country for expeditiousdisposal of pending cases of Rape under IPC and crimes under POCSO
Act. As on date, 27 States/UTs have joined the scheme for setting up of 649
FTSCs including 363 exclusive POCSO courts. RS.99.43 crore (out of the
total allocation of RS.100 crore) has already been released as the firstinstalment for FTSCs.
(g) In order to reduce pendency and unclogging of the courts the Governmenthas 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.*************
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·GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICEDEPARTMENT OF JUSTICE
LOKSABHAUNSTARRED QUESTION NO. 4038
TO BE ANSWERED ON WEDNESDAY, THE 18.03.2020
Collegium on Appointment and Transfer of Judges
4038. PROF. SAUGATA RAY:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether there is any standard criteria to implement the collegium
recommendations on appointment and transfer of Judges in the
country;
(b) if so, the details thereof;
(c) whether the Government has allegedly followed pick and choose
policy in this regard; and
(d) if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE, COMMUNICATIONS ANDELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) and (b): Judges of High Courts are appointed and transferred as per the
procedure laid down in the Memorandum of Procedure prepared in 1998
pursuant to the Supreme Court Judgment of October, 6th, 1993 (Second
Judges case) read with the advisory opinion of October, za", 1998 (ThirdJudges case).
As per the Memorandum of Procedure (MoP), initiation of proposal
for appointment of Judges of the High Courts vests with the Chief Justice of
the concerned High Court. Before forwarding the recommendation, the
Chief Justice consults two of his senior-most colleagues regarding
suitability of candidates. As per MoP, the various attributes such as
integrity and character, competence, judicial. potential, antecedents, age,
Annual Confidential Report (in respect of judicial Officers), Professional
income and reported & unreported judgments (in respect of advocates),
complaints/involvement in any criminal or civil litigation etc. are taken into
consideration for appointment of Judges of High Courts.
Regarding transfer of a High Court Judge from one High Court to
another, MoP provides that the proposal is initiated by the Chief Justice of
India in consultation with four senior-most puisne Judges of the Supreme
Court. The MoP further provides that the Chief Justice of India is also
expected to take into account the views of the Chief Justice of High Court
from which the judge is to be transferred, as also the Chief Justice of the
High Court to which the transfer is to be effected, besides taking into
account the views of one or more Supreme Court judges who are in a
position to offer views. All transfers are to be made in public interest i.e. for
promoting better administration of justice throughout the country.(c): No Sir.
(d): Does not arise.
***