(a) the number of cases pending in courts all over India, State/UT-wise along with the reasons for such pendency;
(b) whether the Government has taken/introduced any structural changes to reduce the pendency of cases;
(c) if so, the details thereof and if not, reasons thereof;
(d) whether the Government has developed any fast-track mechanism for quick disposal of cases; and
(e) if so, the details thereof and if not, the reasons therefor?
ANSWER
MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a): As per the data made available on the website of the Supreme Court, the number of cases pending in the Supreme Court as on 01.11.2019 is 59,867. As per the data available on the National Judicial data Grid (NJDG), the number of cases pending as on 28.11.2019 in the High Courts in the country, High Court-wise, is given in Annexure I and the number of cases pending as on 28.11.2019 in the District and Subordinate Courts in the country, State/UT-wise, is given in Annexure II.
(b) and (c): Disposal of cases in courts is within the domain of judiciary. Timely disposal of cases in courts depends on several factors which, inter-alia, include availability of adequate number of judges, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures.
However, the Union Government is committed to speedy disposal of cases and reduction in pendency of cases. The National Mission for Justice Delivery and Legal Reforms, established by the Union Government in 2011, has adopted many strategic initiatives, including improving infrastructure [court halls and residential units] for Judicial Officers of District and Subordinate Courts, leveraging Information and Communication Technology (ICT) for better justice delivery, filling up of vacant positions of Judges in High Courts and Supreme Court, reduction in pendency through follow up by Arrears Committees at District, High Court and Supreme Court level, emphasis on Alternate Dispute Resolution (ADR) and initiatives to fast track special type of cases. The major steps taken during the last five years under various initiatives are as follows:
(i) 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.4,008.80 crores (which is 53.79% of the total amount released till date) have been released to the States and UTs since April, 2014. The number of court halls has increased from 15,818 as on 30.06.2014 to 19,425 as on 28.11.2019 and number of residential units has increased from 10,211 as on 30.06.2014 to 17,151 as on 28.11.2019 under this scheme. In addition, 2,814 court halls and 1,843 residential units are under construction.
(ii) Leveraging Information and Communication Technology (ICT) for improved justice delivery: Government has been implementing the e-Courts Mission Mode Project throughout the country for Information and Communication Technology 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 and deployed 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 (NJDG). Currently, case status information in respect of over 12.23 crore pending and disposed cases and more than 10.26 crore orders / judgments pertaining to these computerized courts is available on NJDG. eCourts services such as details of case registration, cause list, case status, daily orders & 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.
(iii) Filling up of vacant positions in Supreme Court, High Courts and District and Subordinate Courts: From 01.05.2014 to 28.11.2019, 35 Judges were appointed in Supreme Court. 489 new Judges were appointed and 427 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 Strength Working Strength
31.12.2013 19,518 15,115
28.11.2019 23,564 18,125
(iv) Reduction in Pendency through / 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.
(v) Emphasis on Alternate Dispute Resolution (ADR): Commercial Courts Act, 2015 (as amended on 20th 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.
(d) and (e): 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 30.09.2019, 704 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 / MLAs, ten (10) Special Courts are functional in nine (9) States (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 across the country for expeditious disposal of pending cases under Rape and POCSO Act.
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Annexure - I
Number of cases pending as on 28.11.2019 in the High Courts, High Court-wise – As per NJDG
Sl. No
Name of High Courts Number of Cases
1. Allahabad High Court 7,30,588
2. Calcutta High Court 22,013
3. Gauhati High Court 44,911
4. High Court for the State of Telangana 2,17,606
5. High Court of Andhra Pradesh 1,92,809
6. High Court of Bombay 2,67,809
7. High Court of Chhattisgarh 67,734
8. High Court of Delhi 80,206
9. High Court of Gujarat 1,25,707
10. High Court of Himachal Pradesh 43,339
11. High Court of Jammu & Kashmir 74,811
12. High Court of Jharkhand 84,163
13. High Court of Karnataka 2,46,194
14. High Court of Kerala 1,96,578
15. High Court of Madhya Pradesh 3,56,968
16. High Court of Manipur 3,708
17. High Court of Meghalaya 1,043
18. High Court of Punjab & Haryana 5,15,498
19. High Court of Rajasthan 4,58,393
20. High Court of Sikkim 244
21. High Court of Tripura 2,671
22. High Court of Uttarakhand 38,999
23. Madras High Court 4,01,632
24. Orissa High Court 1,49,138
25. Patna High Court 1,68,123
Total 44,90,885
Annexure - II
Number of cases pending as on 28.11.2019 in the District and Subordinate Courts in the country, State/UT-wise – As per NJDG
Sl. No.
Name of States / UTs Number of Cases
1. Andaman & Nicobar Islands ----
2. Andhra Pradesh 5,62,307
3. Telangana 5,57,563
4. Arunachal Pradesh ----
5. Assam 2,93,412
6. Bihar 28,48,083
7. Chandigarh 47,482
8. Chhattisgarh 2,76,762
9. D & N Haveli 3,091
10. Daman & Diu 2,203
11. Delhi 8,42,322
12. Goa 46,660
13. Gujarat 16,22,306
14. Haryana 8,57,145
15. Himachal Pradesh 2,90,574
16. Jammu & Kashmir 1,74,858
17. Jharkhand 3,85,148
18. Karnataka 15,59,675
19. Kerala 12,74,349
20. Lakshadweep ----
21. Madhya Pradesh 14,28,784
22. Maharashtra 37,73,505
23. Manipur 9,883
24. Meghalaya 8,847
25. Mizoram 2,560
26. Nagaland ----
27. Orissa 12,22,774
28. Punjab 6,34,550
29. Rajasthan 16,67,743
30. Sikkim 1,205
31. Tamil Nadu 11,61,512
32. Puducherry ----
33. Tripura 24,326
34. Uttar Pradesh 75,52,697
35. Uttarakhand 1,98,638
36. West Bengal 22,80,074
Total 3,16,11,038
Note: Data on District and Subordinate Courts in the States of Arunachal Pradesh, Nagaland, and Union Territories of Lakshadweep, Puducherry and Andaman & Nicobar Islands are not available on the web-portal of NJDG.