MINISTER OF LAW & JUSTICE (Dr. M.VEERAPPAMOILY)
(a) and (b): Primary responsibility for the provision of infrastructure facilities
for the subordinate judiciary rests with the State Governments. However, to augment
the resources of the State Governments in this regard, a Centrally Sponsored Scheme
is being implemented since 1993-94 under which central assistance is provided to the
States / UTs for the construction of court buildings and residential accommodation of
Judges.
The outlay for this Scheme for the Eleventh Plan Period (2007-12) is
Rs. 701.08 crore against which an amount of ? 411,97 crore has been released
to the State Governments during last three financial years.
Besides, the Government is also implementing a Central Sector Scheme
(E-Courts Project) for computerization of the District and Subordinate Courts
in the country and for upgradation of the ICT infrastructure of the Supreme
Court and the High Courts, at a cost of Rs. 935 crore. In addition, the Government
also provides financial assistance to the States for setting up and operation of
Gram Nyayalayas. Rs. 20.92 crore have been provided to the States so far under
this scheme.
(c): The details regarding number of pending cases in Supreme Court,
High Courts and subordinate courts during the last three years are
Annexed as Annexure - 1.
(d) and (e): Pursuant to the Supreme Court Judgment of October 6, 1993
read with their Advisory Opinion of October 28, 1998, the entire process
of initiation of proposal for appointment of a Judge of the Supreme Court
lies with the Chief Justice of India and for the appointment of a Judge of a
High Court with the Chief Justice of the concerned High Court. The Government
is periodicalty reminding the Chief Justices of the High Courts to initiate
proposals in time for filling up the existing vacancies as well as the
vacancies anticipated in next six months in the High Courts.
A statement showing the approved strength, working strength and vacancies
of Judges of the Supreme Court of India and the High Courts (as on 01.11.2010 is
annexed as Annexure - II.
In the district and subordinate courts, the responsibility for appointment
of Judges lies with the State Government/ High Courts.
(f): The Government has taken, inter-alia, following steps to facilitate
speedy disposal of cases in the courts:-
(i) Increasing the strength of Judges in Supreme Court and the High Courts.
(ii) The term of 1562 Fast Track Courts, which were functional in the
States as on 31.03.2005, was extended for another five years i.e. upto
31.03.2010 and now it has been further extended for one more year i.e.
upto 31.03.2011.
(iii) The Civil Procedure Code has been amended which, inter-afia,
limit the number of adjournments which can be granted to a party
to three.
(iv) Appropriate changes have been made in the Code of Criminal Procedure
through Code of Criminal Procedure (Amendment) Act, 2005. The concept of plea
bargaining has been introduced through the Criminal Law (Amendment) Act, 2005.
(v) Enactment of the Gram Nyayalayas Act, 2008 which provides for
establishment of Gram Nyayalayas to improve access to justice to
common man.
(vi) Courts have also taken various measures like grouping of cases
involving common questions of law, constitution of specialised
benches, setting up of special courts and organising Lok Adalats at
regular intervals.
(vii) The Government has also accepted the recommendations of the Thirteenth
Finance Commission to provide a grant of RS. 5000 crore to the States for improving
the justice delivery system in the country. The first instalment of Rs. 500 crores
has already been released to the States. With the help of these grants, the States
can, inter-alia, set up morning / evening / shift / special magistrates` courts,
organise more Lok Adalats and strengthen mediation with a view to reduce court
pendencies.
