(a) the extent to which reduction in the number of pending cases in various courts of the country, especially in Bihar has come down during the last three years; and
(b) the measures taken /proposed to be taken at present for disposal of all kinds of court cases within stipulated time?
ANSWER
MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) As per data available on National Judicial Data Grid (NJDG), the total number of pending cases during the last three years and the current year in all High Courts, Patna High Court, all District and Subordinate Courts of the country, and District and Subordinate Courts in the State of Bihar, is as under:
Sl.
No. Name of Court Number of Cases pending cases as on 31.12.2016 Number of Cases pending as on 31.12.2017 Number of Cases pending as on 20.12.2018 Number of Cases pending as on 28.11.2019
1. All High Courts 40,15,147 34,27,462 49,79,033 44,89,758
2. Patna High Court 1,34,459 1,45,056 1,49,920 1,68,123
3. All District and Subordinate Courts of the country 2,74,97,436
2,61,24,130
2,92,11,615 3,16,15,186
4. District and Subordinate Courts in Bihar 21,28,325 16,58,292 24,68,897 28,48,083
(b) 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 to improve access to justice in line with the mandate under Article 39A of the Constitution. 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 has 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) has 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.
(vi) Initiatives to Fast Track Special Type of Cases: As on 30.09.2019, 704 Fast Track Courts are functional for heinous crimes, crimes against women and children, family and matrimonial disputes, etc. 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.