LOK SABHA Budget Session – 3 rd Session of 17 th Lok Sabha WEDNESDAY, 18 th 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
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INDEX [doj.gov.in] · 2020-03-18 · Permanent Lok Adalat by every State Authority to deal with cases of public utility services at pre-litigation stage. 337 Permanent Lok Adalats
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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
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.
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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
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
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
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.
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"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
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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)
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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.*************