Question : ESTABLISHMENT OF LOWER COURTS



(a) whether the Government proposes to set up more lower courts in the country to enable faster disposal of court cases;

(b) if so, the details thereof;

(c) the funds allocated for the establishment of such courts during the last three years;

(d) the number of village courts set up in the country so far;

(e) the steps being taken by the Government to streamline the process of establishment of village courts throughout the country;

(f) whether the Government proposes to transfer all the pending court cases from district courts to the village courts for their speedy disposal; and

(g) if so, the details thereof;

Answer given by the minister


MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)

(a) & (b): As per the Constitutional provisions, the primary responsibility to set up Subordinate Courts in the country rests with the State Governments. The Central Government supplements the efforts of the States by providing central assistance under the centrally sponsored scheme for infrastructure in Subordinate Courts as well as for establishment of Gram Nyayalayas.

(c) Central Government has provided assistance of ` 883.61 crores to the State Governments / UTs for infrastructure development of judiciary during the last three years. Financial assistance of `25.39 crores has been provided to States for setting up of Gram Nyayalayas.

(d) & (e) As informed by the State Governments, 153 Gram Nyayalayas have been notified so far. Out of these 151 Gram Nyayalayas have started functioning. States are being encouraged to set up Gram Nyayalayas for which Central Government is providing assistance to States towards non-recurring expenses for setting up of Gram Nyayalayas subject to a ceiling of ` 18.00 lakhs per Gram Nyayalaya. The Central Government also provides assistance towards recurring expenses for running these Gram Nyayalayas subject to a ceiling of ` 3.20 lakhs per Gram Nyayalaya per year for the first three years.

(f) & (g): Under the Gram Nyayalaya Act, 2008, the Gram Nyayalaya shall exercise both civil and criminal jurisdiction in the manner and to the extent provided under this Act. The Gram Nyayalaya can take cognizance of an offence on a complaint or on a police report and shall (a) try all offences specified in Part I of the First Schedule; and (b) try all offences and grant relief, if any, specified under the enactments included in Part II of that Schedule. The Gram Nyayalaya shall also have jurisdiction to (a) try all suits or proceedings of a civil nature falling under the classes of disputes specified in Part I of the Second Schedule; (b) try all classes of claims and disputes which may be notified by the Central Government under sub-section (I) of section 14 and by the State Government under sub-section (3) of the said section. Details of the First and Second Schedule of the Gram Nyayalaya Act, 2008, are given in the Annexure.

Further, the District Court or the Court of Session, as the case may be, with effect from such date as may be notified by the High Court, can transfer all the Civil or Criminal cases, pending before the court subordinate to it, to the Gram Nyayalaya competent to try or dispose of such cases.