Question : New Courts

(a) whether the Government is aware that the number of Courts and their infrastructures have not been developing in proportionate to the increasing number of cases across the country;
(b) if so, the reaction of the Government thereto along with the steps taken / being taken in this regard;
(c) whether the Government proposes to extend financial assistance to the States for new Courts, development of infrastructure and Information Technology in the courts;
(d) if so, the details thereof along with such assistance released during each of the last three years and the current year, State / UT-wise;
(e) whether the Government proposes to set up new Courts including the Benches of High Courts and Supreme Court in various States in the country; and
(f) if so, the details thereof along with the present status of proposals received in the recent past from various State Governments in this regard?

ANSWER

MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY
(SHRI P.P. CHAUDHARY)

(a) to (f): The primary responsibility for development of infrastructural facilities for judiciary in the States rests with State Governments. In order to augment the resources of the State Governments, a Centrally Sponsored Scheme (CSS) for development of infrastructure facilities for judiciary has been in operation since 1993-94. Financial assistance to the tune of Rs. 5,350 crore has been provided under the Scheme to the States and Union Territories so far since inception of the Scheme. The details of financial assistance sanctioned to the States / Union Territories during the last three years and current year are given in the Statement annexed.

As per information made available by the High Courts, the sanctioned strength and working strength of judges/ judicial officers in Subordinate Courts stood at 20,502 and 16,070 respectively as on 31.12.2015. There were 4,432 vacancies. At the same time 16,513 court halls / court rooms were available for Subordinate Courts and 2,447 court halls / court rooms were under construction.

Besides providing financial assistance for infrastructure development the Central Government is also implementing eCourts Mission Mode Project for the Information and Communication Technology (ICT) enablement / computerization of the Courts. Funds under this Scheme are being primarily released to National Informatics Centre (NIC) and the High Courts.

The subject matter of setting up of Subordinate Courts in the State falls within the domain of State Governments and High Courts concerned. The proposal for setting up of a Bench of a High Court is considered by the Central Government only after receipt of a complete proposal from the State Government which inter-alia includes the consent of the Chief Justice of the concerned High Court. Requests for establishment of High Court Benches in different parts of the country have been received from some State Governments. However, at present there is no proposal complete in all respects pending for consideration by the Central Government.

Article 130 of the Constitution provides that the Supreme Court shall sit in Delhi or in such other place as the Chief Justice of India may, with the approval of the President, from time to time, appoint. The Law Commission of India in its 229th Report had suggested that a Constitutional Bench be set up at Delhi and four Cassation Benches be set up in the Northern region at Delhi, the Southern region at Chennai / Hyderabad, the Eastern region at Kolkata and the Western region at Mumbai. The matter was referred to the Chief Justice of India, who informed that after consideration of the matter, the Full Court in its meeting held on 18th February, 2010, found no justification for setting up of benches of the Supreme Court outside Delhi.
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Annexure
STATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO. 3220 FOR ANSWER ON 04TH AUGUST, 2016.
Statement of Grants Sanctioned under CSS Scheme for Infrastructural Facilities for Judiciary (Rs. in Lakhs)
Sl. No. State Funds sanctioned in 2013-14 Funds sanctioned in 2014-15 Funds sanctioned in 2015-16 Funds sanctioned in 2016-17 up to 03rd August, 2016
1 Andhra Pradesh
2 Bihar 4909.35 5000.00
3 Chhattisgarh 2176.60
4 Goa
5 Gujarat 10000.00 10000.00 5000.00 5000.00
6 Haryana 3632.00 5000.00
7 Himachal Pradesh 806.00
8 Jammu & Kashmir 3428.00 3429.00 1325.00 2104.00
9 Jharkhand* 1693.00 3044.00 3044.00
10 Karnataka 10384.00 16370.00 5000.00
11 Kerala
12 Madhya Pradesh 6141.00 6141.00 5000.00
13 Maharashtra 10000.00 9975.00 5000.00 4975.00
14 Orissa
15 Punjab 12000.00 9805.00 5000.00 4800.00
16 Rajasthan 5000.00 4374.00
17 Tamil nadu 7343.00 5000.00
18 Uttarakhand 2043.00 3559.05
19 UttarPradesh 12530.00 12531.00 5000.00 5000.00
20 West Bengal 2000.00
Total (A) 80000.00 83940.00 44369.00 36253.00
NE States
1 Arunachal Pradesh 1000.00 1593.00
2 Assam
3 Manipur 1500.00 2000.00 2000.00
4 Meghalaya 1474.00 1709.00 2037.00
5 Mijoram 812.56 1085.00
6 Nagaland 2016.00 2000.00
7 Sikkim 2802.84
8 Tripura 2910.60 1550.00
Total (B) 9500.00 9360.00 5630.00 2000.00
UTs
1 A & N Islands 259.68
2 Chandigarh
3 Dadra & Nagar Haveli
4 Daman & Diu
5 Delhi 6,040.32
6 Lakshadweep
7 Pondicherry 259.68 2500.00
Total (C) 0.00 0.00 6300.00 2759.68
Grand Total (A+B+C) 89500.00 93300.00 56299.00 41012.68
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