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Supreme Court and High Court Pending Cases

Supreme Court and High Court Pending Cases  GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE RAJYA SABHA  UNSTARRED Q...

Supreme Court and High Court Pending Cases 

GOVERNMENT OF INDIA
MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

RAJYA SABHA 

UNSTARRED QUESTION NO.1209
TO BE ANSWERED ON THURSDAY, THE 11TH FEBRUARY, 2021

PENDING CASES IN SUPREME COURT AND HIGH COURTS 

High Court Pending Cases

1209. DR. KIRODI LAL MEENA

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) the total number of pending cases of both civil and criminal nature in the Supreme Court and various High Courts in the country;

(b) the number of cases pending in each of the above, for less than five years and more than five years and less than ten years and more than ten years; and

(c) whether any measures have been taken by Government to expedite the process of disposal of cases?

ANSWER
MINISTER OF LAW AND JUSTICE, COMMUNICATIONS
AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) & (b): As per the information provided by the Supreme Court, 65331 cases including 52391 Civil cases and 12940 Criminal cases are pending in the Supreme Court of India as on 05.02.2021. The details of cases pending in respect of Supreme Court is as under:-

Period of pendency

Civil cases

Criminal cases

Total

Less than 5 years

35029

9360

44389

More than 5 years

17362

3580

20942

Less than 10 years

47390

12150

59540

More than 10 years

5001

790

5791


As per data available on the National Judicial Data Grid (NJDG), total 56,69,960 cases are pending in High Courts, out of which 40,83,266 are Civil cases and 15,86,694 are Criminal cases as on 05.02.2021. The details of cases pending for less than five years and more than five years and less than ten years and more than ten years in respect of High Courts is as under:-

(Number in lakh)

Number of pending cases in High Courts

Number of cases pending in High Courts, age-wise

For less than 5 years

More than 5

years and less than 10 years

More than 10 years

Civil

Criminal

Total

Civil

Criminal

Civil

Criminal

Civil

Criminal

40.83

15.87

56.70

22.91

9.39

8.84

2.98

9.08

3.50


High Court-wise details of pending cases for less than five years, for five to ten years and for more than ten years as on 05.02.2021 is given in a statement at Annexure.

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(c): Disposal of pending cases in courts is within the domain of the judiciary. Pendency of cases in courts depends on several factors which, inter-alia includes availability of adequate number of judges, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, cooperation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures. No time frame has been prescribed for disposal of various kinds of cases by the respective courts. Government has no role in disposal of cases in courts. However, Central Government is fully committed to speedy disposal of cases in accordance with Article 21 of the Constitution and reducing pendency. The Government has taken several initiatives to provide an ecosystem for faster disposal of cases by the judiciary. The National Mission for Justice Delivery and Legal Reforms established by the Government has adopted a coordinated approach for phased liquidation of arrears and pendency in judicial administration through various strategic initiatives, including improving infrastructure for courts, leveraging Information and Communication Technology (ICT) for better justice delivery, and filling up of vacant positions of Judges in High Courts and Supreme Court. After announcement of nation- wide lockdown from 25th March, 2020, directions have been issued from time to time by the respective High Courts to the Subordinate Courts under their administrative jurisdiction for hearing of urgent civil and criminal matters in virtual or physical mode depending on local conditions. Most High Courts have further advised district and subordinate courts that where there is no shut down/lockdown, they may, as far as possible, resume normal functioning by virtual/physical mode and take up all kind of cases, including those pertaining to under-trial prisoners, trial of civil cases, matrimonial disputes, child custody matters, recording of evidence and other old matters. Wherever physical hearing has been permitted in district and subordinate courts, they have been advised to strictly adhere to Covid protocols and social distancing norms and take all precautions including consent of the parties. A new Software Patch and Court User Manual has been recently developed for COVID- 19 Management. This tool has been developed to help in smart scheduling all cases to effectively manage overcrowding in courts. As regards the Supreme Court, an overarching order has been issued by the Supreme Court on 06.04.2020 giving legal sanctity and validity to video conference hearing.

Video conferencing emerged as the mainstay of the Courts during the Covid lockdown period as physical hearings and normal court proceedings in the congregational mode were not possible. Since Covid lockdown started, the District courts heard 45,73,159 cases while the High Court heard 20,60,318 cases (totalling to 66.33 lakh) till 31.12.2020 using video conferencing only. The Supreme Court had 52,353 hearings since the lockdown period upto 31.01.2021.

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. 8,288.81 crores have been released since the inception of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary in 1993-94. The number of court halls has increased from 15,818 as on 30.06.2014 to 20,248 as on 05.02.2021 and number of residential units has increased from 10,211 as on 30.06.2014 to 17,942 as on 05.02.2021 under this scheme. In addition, 2,808 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 (in 2014) to 18,735 as on 28.01.2021, registering an increase of 5,063. 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). As on 01.01.2021, litigants can access case status of over 17.90 crore cases and 13.36 crore order/judgements pertaining to these courts. 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. With a view to handle the COVID- 19 challenges better and to make the transition to virtual hearings smoother, funds have been provided for setting up 235 e- SewaKendras at court complexes to facilitate lawyers and litigants needing assistance ranging from case status, getting judgements/orders, court/case related information and efiling facilities. Rs. 5.01 crores has been allocated for providing equipment in Video Conferencing cabins in various court complexes to facilitate virtual hearings. Rs. 12.12 crores has been allocated for 1732 Help desk counters for efiling in various court complexes.
 
Nine Virtual Courts have been set up at Delhi (2 courts), Faridabad (Haryana), Pune & Nagpur (Maharashtra) Kochi (Kerala), Chennai (Tamil Nadu), Guwahati (Assam) and Bengaluru (Karnataka) to try traffic offences. As on 20.01.2021, these courts have handled 41,98,095 cases and realised Rs.139.25cr in fines.

(iii) Filling up of vacant positions in Supreme Court, High Courts and District and Subordinate Courts: From 01.05.2014 to 05.02.2021, 35 Judges were appointed in Supreme Court. 570 new Judges were appointed and 520 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 1080 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

05.02.2021

24,282

19,310


Filling up of vacancies in Subordinate judiciary falls within the domain of the State Governments and High Courts concerned.
 
(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. Further, communications have been addressed by Minister of Law & Justice to Chief Justices of High Courts and to Chief Ministers on 20.06.2014 and 14.08.2018 drawing their attention to cases pending for more than five years and to take up pendency reduction campaign.

(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 2019 inter alia expediting the speedy resolution of disputes by prescribing timelines.
(vi) Initiatives to Fast Track Special Type of Cases: The Fourteenth Finance Commission endorsed the proposal of the Government to strengthen the judicial system in States which included, inter-alia, establishing Fast Track Courts for cases of heinous crimes; cases involving senior citizens, women, children etc., and urged the State Governments to use the additional fiscal space provided in the form of enhanced tax devolution form 32% to 42% to meet such requirements. As on 18.01.2021, Fast Track Courts are functional for heinous crimes, crimes against women and children, family and matrimonial disputes, etc. To fast track criminal cases involving elected MPs / MLAs, ten (10) Special Courts are functional in nine (9) States/UTs (1 each in Madhya Pradesh, Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, West Bengal and 2 in NCT of Delhi) and proportionate funds have been released to these States by the Government. Further, Government has approved a scheme for setting up 1023 Fast Track Special Courts (FTSCs) across the country for expeditious disposal of pending cases of Rape under IPC and crimes under POCSO Act. As on date, 28 States/UTs have joined the scheme for setting up of 823 FTSCs including ‘exclusive POCSO Courts’. Rs.140 crore was released in the financial year 2019-20 and Rs. 89.89 crore has been released during the financial year 2020-21 for the scheme. Presently 609 FTSCs are functional including 331 exclusive POCSO Courts.

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(vii) In addition, to reduce pendency and unclogging of the courts the Government has recently amended various laws like the Negotiable Instruments (Amendment) Act, 2018, the Commercial Courts (Amendment) Act, 2018, the Specific Relief (Amendment) Act, 2018, the Arbitration and Conciliation (Amendment) Act, 2019 and the Criminal Laws (Amendment) Act, 2018.

Annexure STATEMENT REFERRED TO IN REPLY TO PART (a) & (b) OF RAJYA SABHA UNSTARRED QUESTION NO. 1209 FOR ANSWER ON 11.02.2021 REGARDING PENDING CASES IN SUPREME COURT AND HIGH COURTS

Details of Age Wise Pending Cases in High Court as on 05.02.2021

Sl. No

Name of High Courts

Less than 5 years

More than 5years &

Less than 10 years (5-10 years)

More than 10 years

Total

Civil

Criminal

Civil

Criminal

Civil

Criminal

1

Allahabad High Court

142303

146823

104057

72727

167062

140355

773327

2

Bombay High Court

235588

57185

96203

15453

127420

15396

547245

3

Calcutta High Court

67812

17035

45768

11395

114327

13918

270255

4

Gauhati High Court

35452

7674

5905

1954

868

122

51975

5

High Court for State of

Telangana

109211

20793

57707

9199

36175

3767

236852

6

High Court of Andhra

Pradesh

92263

18937

53167

7947

32617

3984

208915

7

High Court of Chhattisgarh

37014

18769

9561

6354

1366

3387

76451

8

High Court of Delhi

43120

15040

11245

5303

11289

5198

91195

9

High Court of Gujarat

69264

31049

19863

8680

9888

7611

146355

10

High Court of Himachal

Pradesh

55610

6920

8101

2104

2085

326

75146

11

High Court for Jammu &

Kashmir and Ladakh

26564

5418

21071

2131

7883

392

63459

12

High Court of Jharkhand

26726

24850

9072

8454

5116

12359

86577

13

High Court of Karnataka

144438

28626

61099

8236

40535

5119

288053

14

High Court of Kerala

111523

23556

45877

10960

14183

10350

216449

15

High Court of Madhya

Pradesh

107201

66721

65960

39154

52978

36004

368018

16

High Court of Manipur

3421

384

283

16

365

37

4506

17

High Court of Meghalaya

1216

122

106

4

0

0

1448

18

High Court of Punjab &

Haryana

232836

204119

66398

41793

77638

25432

648216

19

High Court of Rajasthan

268788

86505

68452

19927

55178

31045

529895

20

High Court of Sikkim

201

38

4

1

1

0

245

21

High Court of Tripura

2014

301

29

2

1

0

2347

22

High Court of Uttarakhand

18081

11783

3867

2748

1470

727

38676

23

Madras High Court

323942

53251

77192

3024

118837

5572

581818

24

Orissa High Court

62229

31016

35053

10499

21713

11195

171705

25

Patna High Court

74824

61995

17496

9964

9094

17459

190832

Total

2291641

938910

883536

298029

908089

349755

5669960

Source: National Judicial Data Grid

Source: https://pqars.nic.in/annex/253/AU1209.pdf

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Indian Govt Scheme - Sarkari Yojna - सरकारी योजना: Supreme Court and High Court Pending Cases
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