Appointment of Judges
Appointment of Judges
A statement showing the approved strength, working strength and vacancies of Judges in the Supreme Court and High Courts as on 29.02.2016 is given at Annexure-I. The number of Judges of Supreme Court and High courts appointed from 1st January, 2015 till 13th April 2015 i.e. the date on which the Constitution(Ninety Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 were brought into force is given at Annexure-II. With the coming into force of these Acts, all appointments of Judges of Supreme Court and High Courts through the Collegium process as laid down in the Memorandum of Procedure were stopped. However, with the revival of the Collegium system, the process of appointment of Judges has resumed. A Statement showing the sanctioned strength, working strength and vacancies of Judicial Officers in District and Subordinate Courts in the country as on 30.06.2015 is given at Annexure-III.
In All India Judges’ Association Case, the Hon’ble Supreme Court in its Judgement dated 21st March, 2002, on a comparative assessment of the position in other countries directed that there should be 50 judges for a million population in the country. Based on the population, as per census 2011 and sanctioned strength of judges in the Supreme Court and High courts as on 29.02.2016, and the sanctioned strength of Judges/Judicial Officers of District and Subordinate Courts as on 31.12.2015, the Judge population ratio in the country works out to be 17.72 Judges/Judicial Officers per million population.
The Supreme Court vide its order dated 16.10.2015 declared that the system of appointment of Judges to Supreme Court, and Chief Justices and Judges of High Court from one High Court to another as existing prior to Constitution (Ninety-Nineth Amendment ) Act, 2014 called the “Collegium System” to be operative. The Supreme Court simultaneously decided to consider introduction of appropriate measures, if any, for an improved working of the “Collegium System”. The Government of India submitted its suggestions subject to its reservation about the correctness of the Judgment. The Government has taken the stand that it reserves its liberty to take such action as it may decide fit. Further, the Parliament has the power within the parameters of the Constitution to govern the criteria and process for appointment of Judges to the Supreme Court and High Courts.
The Supreme Court pronounced its Order on improvement in the “Collegium System” on 16.12.2015. Vide this order they have decided that the Government of India may finalize the existing Memorandum of Procedure (MoP) by supplementing it in consultation with the Chief Justice of India, and based on the unanimous view of the Collegium comprising the four senior-most puisne Judges of the Supreme Court. The Supreme Court has indicated broad categories under which existing MoP can be supplemented such as eligibility criteria, transparency in the appointment process, Secretariat and complaints etc. The Department of Justice is in the process of preparing a revised draft Memorandum of Procedure in consultation with the State Governments.
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Grant of Bail
Review of criminal justice system is a continuous process to make the laws in sync with the social changes. The amendments in the Indian Penal Code and the Code of Criminal Procedure are carried out from time to time based on the recommendations of the Law Commission of India, various Court judgements and reports of any other Committees specially constituted for the purpose. The Law Commission of India has been requested to undertake a comprehensive review of the criminal justice system and give a comprehensive report covering all the aspects of criminal law, including desirability of having separate Bail Act, so that comprehensive amendments can be made in the various laws viz. Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act etc.
This information was given by Union Minister of Law & Justice Shri D.V.Sadananda Gowda in reply to a written question in the Lok Sabha today.
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Facilities for Differently-Abled Persons
The development of infrastructure facilities for judiciary in the States including facilities essential for the differently-abled persons and crèche etc. is the responsibility of the State Governments. The Central Government augments the resources of the State Governments by releasing financial assistance under a Centrally Sponsored Scheme (CSS) for the development of judicial infrastructure. In the conference of Chief Justices held on 05th and 06thApril, 2013, it was, inter-alia, resolved that the High Courts shall prepare Vision Statements for High Court and District Courts and Five-year and Annual Plans which inter-alia will include special care for differently-abled persons while preparing the construction plan for Court complexes and facilities be provided for them.
The Government has ratified the UN Convention on Rights of Persons with Disabilities (UNCRPD) on 01/10/2007. As a part of implementation of the convention, the Government has already introduced Rights of Persons with Disabilities Bill, 2014 in Rajya Sabha on 7/2/2014 to replace the existing Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 to make the law in-line with UNCRPD. The Government has also submitted 1st country report before the concerned UN Committee in November, 2015.
This information was given by Union Minister of Law & Justice Shri D.V.Sadananda Gowda in reply to a written question in the Lok Sabha today.
******
Pending
Court Cases
Data on pendency of cases is
maintained by the Supreme Court and High Courts. As per the information
made available by the Supreme Court of India, details of civil and criminal
cases pending in the Supreme Court of India; and civil and criminal cases
pending for more than 10 years in the Supreme Court of India; and number of
cases disposed of by the Supreme Court of India during the last three years and
the current year are as under:-
|
Number of Pending Cases as on
19.02.2016
|
Number of Cases pending for
more than 10 years up to 19.02.2016.
|
Number of Cases disposed during
last three years and current year upto 19.02.2016
|
|||||
|
Civil
|
Criminal
|
Civil
|
Criminal
|
2013
|
2014
|
2015
|
2016
|
|
48,418
|
11,050
|
1,132
|
84
|
40,189
|
45,042
|
47,424
|
6,054
|
As per
information made available by High Courts, details of pending cases in High
Courts and District and Subordinate Courts are as under:-
|
Number of Pending Cases in High
Courts as on 31.12.2014
|
Number of Cases pending for
more than 10 years in High Courts as on 31.12.2014
|
Number of Pending Cases in
District and Subordinate Courts as on 31.12.2014
|
Number of Cases pending for
more than 10 years in District and Subordinate Courts as on 31.12.2014
|
||||
|
Civil
|
Criminal
|
Civil
|
Criminal
|
Civil
|
Criminal
|
Civil
|
Criminal
|
|
3116492
|
1037465
|
589631
|
187999
|
8234281
|
18254124
|
611658
|
1432079
|
The
details of cases disposed of during 2012, 2013 and 2014 by the High Courts and
District / Subordinate Courts are given in the Statements at Annexure – I
and Annexure – II respectively.
Some of
the main factors responsible for pendency of cases in courts are increasing
number of state and central legislations, accumulation of first appeals,
continuation of ordinary civil jurisdiction in some of the High Courts,
vacancies of Judges, appeals against orders of quasi-judicial forums going to
High Courts, number of revisions / appeals, frequent adjournments,
indiscriminate use of writ jurisdiction, lack of adequate arrangement to
monitor, track and bunch cases for hearing.
The Chief
Justices’ Conference held on 03rd and 04th April 2015 has
resolved that each High Court shall establish an Arrears Committee to clear the
backlog of cases pending for more than five years. As per information
available, Arrears Committees have been set up in the High Courts of (i)
Allahabad, (ii) Bombay, (iii) Calcutta, (iv) Chhattisgarh, (v) Delhi, (vi)
Himachal Pradesh, (vii) Jammu & Kashmir, (viii) Jharkhand, (ix) Kerala, (x)
Madhya Pradesh, (xi) Madras, (xii) Manipur, (xiii) Meghalaya, (xiv) Orissa,
(xv) Patna (xvi) Punjab & Haryana, (xvii) Sikkim, (xviii) Tripura, and
(xix) Uttrakhand.
*************
ST/rs
Annexure-I
Pending Court Cases.
Cases
disposed of in High Courts during last three years
|
Sl. No
|
High Court
|
2012
|
2013
|
2014
|
|
Disposal of cases
|
Disposal of cases
|
Disposal of cases
|
||
|
1
|
Allahabad
|
2,47,539
|
2,36,821
|
3,10,294
|
|
2
|
Andhra Pradesh
|
66,130
|
58,278
|
66,239
|
|
3
|
Bombay
|
1,74,020
|
1,40,761
|
1,30,580
|
|
4
|
Calcutta
|
78,428
|
1,34,938
|
95,656
|
|
5
|
Delhi
|
35,656
|
35,371
|
40,154
|
|
6
|
Gujarat
|
63,778
|
64,450
|
74,444
|
|
7
|
Gauhati
|
35,713
|
30,308
|
27,467
|
|
8
|
Himachal Pradesh
|
37,772
|
36,455
|
62,270
|
|
9
|
Jammu &Kashmir
|
16,380
|
24,916
|
23,151
|
|
10
|
Karnataka
|
1,21,624
|
1,28,134
|
1,19,824
|
|
11
|
Kerala
|
78,801
|
68,871
|
72,173
|
|
12
|
Madras
|
2,46,200
|
2,31,817
|
1,29,954
|
|
13
|
Madhya Pradesh
|
1,00,281
|
1,11,348
|
1,29,373
|
|
14
|
Orissa
|
81,388
|
70,262
|
76,523
|
|
15
|
Patna
|
91,328
|
82,343
|
1,04,955
|
|
16
|
Punjab &
Haryana
|
1,08,266
|
1,11,465
|
1,14,801
|
|
17
|
Rajasthan
|
1,31,277
|
1,27,928
|
83,792
|
|
18
|
Sikkim
|
126
|
140
|
230
|
|
19
|
Uttarakhand
|
13,616
|
15,661
|
13,386
|
|
20
|
Chhattisgarh
|
27,817
|
28,206
|
28,155
|
|
21
|
Jharkhand
|
30,030
|
25,970
|
22,327
|
|
22
|
Tripura*
|
0
|
4,379
|
5,144
|
|
23
|
Manipur*
|
0
|
2,677
|
1,926
|
|
24
|
Meghalaya*
|
0
|
1,418
|
1,724
|
|
Total
|
17,86,170
|
17,72,917
|
17,34,542
|
|
*Operationalisation of High Court
was notified on 23rd March, 2013.
**********
Annexure-II
Pending Court Cases.
Cases
disposed of in District and Subordinate Courts during last three years
|
Sl. No
|
States
|
2012
|
2013
|
2014
|
|
Disposal of cases
|
Disposal of cases
|
Disposal of cases
|
||
|
1
|
Andhra Pradesh and Telangana
|
6,06,447
|
5,14,867
|
6,47,130
|
|
2
|
Arunachal Pradesh
|
7,355
|
7,444
|
7,615
|
|
3
|
Assam
|
2,39,706
|
3,14,672
|
2,76,138
|
|
4
|
Bihar
|
3,04,786
|
3,15,586
|
3,05,583
|
|
5
|
Chhattisgarh
|
1,62,104
|
1,79,065
|
1,76,144
|
|
6
|
Goa
|
33,886
|
30,717
|
30,625
|
|
7
|
Gujarat
|
10,72,123
|
11,37,159
|
11,32,433
|
|
8
|
Haryana
|
7,33,591
|
6,08,315
|
5,87,385
|
|
9
|
Himachal Pradesh
|
2,46,052
|
2,93,575
|
4,09,732
|
|
10
|
Jammu & Kashmir
|
2,91,100
|
3,07,192
|
2,97,507
|
|
11
|
Jharkhand
|
1,23,777
|
1,18,076
|
1,10,068
|
|
12
|
Karnataka
|
10,35,706
|
10,17,437
|
13,67,041
|
|
13
|
Kerala
|
11,12,342
|
11,71,821
|
13,55,926
|
|
14
|
Madhya Pradesh
|
12,17,733
|
12,73,437
|
11,13,382
|
|
15
|
Maharashtra
|
20,48,255
|
17,10,180
|
15,36,322
|
|
16
|
Manipur
|
14,572
|
16,189
|
14,257
|
|
17
|
Meghalaya
|
2,982
|
3,284
|
11,691
|
|
18
|
Mizoram
|
11,747
|
10,270
|
10,747
|
|
19
|
Nagaland
|
3,179
|
3,062
|
3,047
|
|
20
|
Orissa
|
3,00,337
|
4,14,772
|
4,70,085
|
|
21
|
Punjab
|
7,58,927
|
6,11,671
|
5,49,300
|
|
22
|
Rajasthan
|
11,50,808
|
11,99,745
|
11,32,028
|
|
23
|
Sikkim
|
1,913
|
2,146
|
2,008
|
|
24
|
Tamil Nadu
|
14,99,884
|
18,44,056
|
16,45,329
|
|
25
|
Tripura
|
1,48,688
|
1,58,838
|
1,93,003
|
|
26
|
Uttar Pradesh
|
27,98,690
|
29,66,521
|
31,82,318
|
|
27
|
Uttarakhand
|
1,78,409
|
2,22,318
|
2,20,660
|
|
28
|
West Bengal and A & N
Island
|
9,92,367
|
11,84,289
|
10,89,309
|
|
29
|
Chandigarh
|
1,38,558
|
1,53,772
|
1,80,616
|
|
30
|
D & N Haveli and Daman & Diu
|
8,451
|
3,344
|
2,771
|
|
31
|
Delhi
|
9,18,683
|
9,57,154
|
9,30,732
|
|
32
|
Lakshadweep
|
96
|
93
|
95
|
|
33
|
Pondicherry
|
33,899
|
32,479
|
28,631
|
|
Total
|
1,81,97,153
|
1,87,83,546
|
1,90,19,658
|
******************
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