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.

-2-

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.

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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?

-----.~ --- - .-- - - - -------------------

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.

***