Various steps have
been taken by the Government for the speedy disposal of court
cases. These include Fast Track Courts, amendment to the Civil
Procedure Code, Permanent Adalats for disputes relating to public
utilities, increase in the number of posts of Judges/Judicial
officers, establishment of Special Courts/tribunals, improvement
in the standards of Legal education, appointment of special
Judicial/Metropolitan Magistrates and adoption of alternative
modes of dispute resolution, such as, arbitration and conciliation
Lok Adalats have been given a statutory base as supplementary
forum for resolution of disputes.
Government
has been periodically reminding the Chief Justice of High Courts,
the Chief Justice of India and the Chief Ministers of States
to initiate proposals for filling up vacant posts of judges
in High Courts. They have been reminded last on October 28,2002.
Measures adopted
by the High Courts for expeditious disposal of cases include
classification and grouping of cases, computerization of records
in High Courts, identification and listing of cases covered
by the decisions finally made by the Supreme Court and High
Court on the same point.
Government
have been compiling Annual Analysis reports on pendency of cases
both criminal and civil in High Courts and District Courts and
forwarding them to the High Courts for their information and
necessary action. High Courts have been requested to implement
the recommendations of the Malimath Committee to streamline
procedure which will, inter-alia, expedite disposal of pending
cases. Government have also been constantly reviewing the accumulation
of arrears in courts. Besides reviewing and increasing judge
strength of High Courts every three years, Government have set
up/encouraged alternative modes of dispute resolution including
conciliation, mediation and arbitration. Special tribunals like
Central Administrative Tribunal, State Administrative Tribunals,
Income Tax Appellate Tribunal, Labour Courts, Consumer Courts
etc., have been set up to expedite the disposal of cases. Information
Technology is being used in generation of causelists, providing
information to the litigants/advocates etc., for speed disposal
of cases. A pilot project has been started for Networking and
Computerisation of City Courts in the four major metrocities
of Delhi, Chennai, Kolkata and Mumbai to serve as a model. The
purpose of this project is to augment the capacities of courts
and speed up adjudication through better court management with
the use of information technology.
This year the
Department of Justice is initiating a pilot project of upgrading
the computer network of the four metropolitan High Courts of
Delhi, Bombay, Calcutta and Madras to the level of the Supreme
Court so as to bring about the same speed and efficiency in
disposal of cases in these High Courts as exists in the Supreme
Court.
Civil Procedure
Code has been amended and the amendments have been brought into
force with effect from 1.7.2002 which, inter-alia, limit the
number of adjournments which can granted to a party to three,
provide for speedy process service by speed post, courier services,
fax or e-mail, authorize the court to fix time limit for oral
arguments & provide for a number of other measures aimed
at ensuring expeditious disposal of cases . Permanent Lok Adalats
are being set up for expeditious resolution of disputes relating
to public utilities.
The pendency
of cases in Courts could be ascribed to various factors which,
inter-alia, include vacancies of judges, new legislation, substantial
increase in fresh institution of cases, rise in population,
heightened awareness of rights on the part of the citizens,
granting of adjournments, industrial development in the country,
increase in trade and commerce and socio-economic matters, legislative
and administrative aspects touching on the lives of citizens,
lawyers’ strike etc.
This information
was given by the Minister of Law and Justice and Commerce and
industry, Shri Arun Jaitley in the Lok Sabha today.
