Question : PENDING COURT CASES

(a) whether the study conducted by the Supreme Court supported National Court Management System has put the country to have 15 crore pending cases by 2040 but the strength of the judges will only be 75000;

(b) if so, the details of the study;

(c) whether the Government is considering speedy appointment of judges so as to expeditiously reduce the number of pending cases;

(d) if so, the details thereof; and

(e) the other steps taken / being taken / proposed to be taken by the Union Government to speed up disposal of pending cases and to cope up with the anticipated increase in number of cases in the future?

MINISTER OF THE STATE IN THE MINISTRY OF LAW AND JUSTICE (DR. ASHWANI KUMAR)

(a) & (b) Yes, Madam; the Policy and Action Plan of National Court Management System released by the Hon’ble Chief Justice of India does contain a statement to this effect. But this is an estimation and is based on the assumption that with the increase in literacy and economic wealth, filing of cases would increase manifold in the country.

(c) to (e) There are nearly 2.7 crores cases pending in the subordinate judiciary, and nearly 43 lakh cases pending in the High Courts as on 31.03.2012. Since the administrative control of the subordinate judiciary in the States is with the High Courts and State Governments, Central Government has been impressing upon them for timely filling of vacancies. The Supreme Court has also in its judgement in C.A.No. 1867 of 2006 (Arising out of SLP (C) No. 22523 of 2005) in the matter of Malik Mazhar Sultan & Another Vs U.P. Public Service Commission & Others, directed the States / UTs to adhere to the time schedule for timely filling of vacancies.For the High Courts, Central Government has been reminding the Chief Justices from time to time for timely initiation of the proposals.

Although the disposal of pending cases in the Courts is within the domain of the judiciary, Government has been assisting them (judiciary) through a variety of measures. These include funding support for infrastructure development for the subordinate judiciary and computerization of the Courts, etc. Besides, Government has set up a National Mission for Justice Delivery and Legal Reforms for following a coordinated approach for phased liquidation of arrears and pendency in the judicial administration. The Mission has devised an integrated strategy which inter-alia includes better infrastructure for courts including computerisation, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development.