DAILY NEWS ANALYSIS

GS-II : Governance Judicial reforms

19 July, 2021
15 Min Read

Schemes for Judiciary

Cabinet has approved the continuation of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary for a further five years from 01.04.2021 to 31.03.2026 at a total cost of Rs.9000 crore, out of which Central share will be Rs.5357 crore including Rs. 50 crore for the Gram Nyayalayas Scheme and their implementation in a Mission Mode through National Mission for Justice Delivery and Legal Reforms.
Need for the scheme:

Several courts are still functioning in rented premises with insufficient space and some in dilapidated condition without basic amenities.
Lack of residential accommodation to all the judicial officers also adversely affects their working and performance.
Adequacy of judicial infrastructure is critical for the reduction of pendency and backlog of cases in Courts.

This proposal will help in construction of 3800 court halls and 4000 residential units (both new and ongoing projects) for judicial officers of District and Subordinate Courts, 1450 lawyer halls, 1450 toilets complexes and 3800 digital computer rooms.
The Cabinet also approved the decision to support the Gram Nyayalayas by proving recurring and non-recurring grants for a period of 5 years with a total outlay of Rs 50 crores.
However, funds will be released to the states only after the notified Gram Nyayalayas are operationalised and Nyayadhikaris have been appointed and reported on the Gram Nyayalaya portal of Department of Justice.

Gram Nyayalayas:

Gram Nyayalayas or village courts are established under the Gram Nyayalayas Act, 2008 for speedy and easy access to justice system in the rural areas of India.
The Act came into force from 2 October 2009.

Composition:

The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, and enjoy the same salary and benefits as a Judicial Magistrate of First Class.
Such Nyayadhikari are to be appointed by the State Government in consultation with the respective High Court.

Jurisdiction:

A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regards.
They have both civil and criminal jurisdiction over the offences.
The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts.
Gram Nyayalayas has been given power to accept certain evidences which would otherwise not be acceptable under Indian Evidence Act.

Appeals:

Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal.
Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal.

Critical Analysis:

The setting up of Gram Nyayalayas is considered as an important measure to reduce arrears and is a part of the judicial reforms. It is estimated that Gram Nyayalayas can reduce around 50% of the pendency of cases in subordinate courts and can take care of the new litigations which will be disposed within six months.
So far only 11 states have taken steps to notify Gram Nyayalayas. Several states have issued notifications for establishing ‘Gram Nyayalayas’ but all of them were not functioning except in Kerala, Maharashtra and Rajasthan.
Only 208 ‘Gram Nyayalayas’ are functioning in the country as against 2,500 estimated to be required by the 12th five-year plan.
The Gram Nyayalayas Act, 2008 that came into force from 2 October 2009 was enacted for establishment of Gram Nyayalayas for speedy and easy access to justice system in the rural areas of India.
A scheme of central assistance was formulated simultaneously to fund the initial cost in terms of non-recurring expenses for setting up of these courts with the assistance limited to Rs. 18.00 lakhs per Gram Nyayalaya as a one-time measure. Central Government also decided to bear 50% of the recurring expenses of these courts subject to a ceiling of Rs. 3.2 lakhs per court per annum during the first three (3) years of their operations. 13 states have implemented this scheme by notifying 455Gram Nyayalayas out of which 226 are functional.
A sum of Rs. 81.53 crore has been sanctioned since the inception of the CSS Scheme.

Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary:

A Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary has been in operation since 1993-94.
Adequacy of judicial infrastructure is critical for reduction of pendency and backlog of cases in Courts.
Though the primary responsibility of infrastructure development for the subordinate judiciary rests with the State Governments, the Central Government through this CSS augments the resources of the State Governments for construction of court buildings and residential quarters for Judicial Officers (JO) in all the States / UTs. The present proposal provides for additional activities like construction of lawyer halls, toilets complexes and digital computer rooms.
This will add to the convenience of lawyers and litigants besides reducing digital divide.
Since the inception of the scheme till 2014, the Central Government over 20 years provided only Rs. 3444 crore to the State Governments/Union Territories. In sharp contrast, the present Government during last seven years has sanctioned Rs 5200 crore till date accounting for nearly 60% of the sanction made so far.

Implementation of the Scheme from 2021 to 2026

Implementation of the following activities for five years from 01.04.2021 to 31.03.2026 at a total cost of Rs.9000 crore, out of which Central share with an approved outlay of Rs.5357 crore including Rs.50 crore allocated for the Gram Nyayalayas Scheme.
Construction of 3800 court halls and 4000 residential units for Judicial Officers (JO) in all the District and Subordinate Courtsin all the District and Subordinate Courts with an expenditure of Rs.4500 crores.
Construction of 1450 Lawyers’ Halls in all the District and Subordinate Courts with an expenditure of Rs.700 crore.
Construction of 1450 toilet complex in all the District and Subordinate Courts with an expenditure of Rs.47 crore.
Construction of 3800 Digital Computer Rooms in the District and Subordinate Courts with an expenditure of Rs.60 crore.
Operationalisation of Gram Nyayalayas in implementing states with an expenditure of Rs.50 crore.

Monitoring of the Scheme

An on-line monitoring system has been set up by the Department of Justice enabling data collection on progress, completion of court halls and residential units under construction as well as better asset management.
Department of Justice has developed an online monitoring system with technical assistance from ISRO.
The upgraded “Nyaya Vikas-2.0” web portal and mobile application is used for monitoring physical and financial progress of CSS judicial infrastructure projects by geo-tagging completed and ongoing projects.
Quarterly review meetings are held with the representatives of all States/UTs and High Courts to review the status of implementation of projects.
The Gram Nyayalaya Portal helps online monitoring of working of the Gram Nyayalayas by the implementing states.

Benefits from the Scheme

The CSS Scheme will increase the availability of well-equipped Court Halls and Residential Accommodations for Judges / Judicial Officers of District and Subordinate Courts all over the country.
The courts are also being provided with better amenities enabling win-win situation for both the judiciary and the lawyers and also to ease of living of common man. Setting up of digital computer rooms will also improve digital capabilities and give impetus to the digitization initiation being pursued as a part of India’s Digital India vision.
This will help in improving the overall functioning and performance of the Judiciary.
Continued assistance to the Gram Nyayalayas will also give impetus to providing speedy, substantial and affordable justice to the common man at his door step.

National Mission for Justice Delivery and Legal Reforms

Objective of the Mission

Increasing access by reducing delay and arrears in the system.
Enhancing accountability through structural changes and setting performance standards and capacities.

Features of the Scheme

1) Setting up of Advisory Council for National Mission

For regular updates and to manage progress under the mission, an Adviroy council was set up under the National Mission
The Chairperson of this Council is the Union Minister of Law and Justice
There are 13 other members of the Council, and the Secretary, Department of Justice as the Convenor

2) Creation of National Arrears Grid

This grid analyses the exact number of arrears in each court and oversee the reduction of such arrears; increase efficiency and optimal utilisation of infrastructure
The national Arrears Grid maps the location and manning of each court along with their arrears and the facilities provided to the Presiding Officer
For proper management of data and statistics, computer experts, statisticians and software designers will be appointed for uniform data

3) Identification of Bottlenecks –

Prioritisation will be worked out. Cases of senior citizens, terminally ill people, pretrial and juvenile prisoners, women victims of violence were be given priority
Retired judges and eminent lawyers will be appointed as ad-hoc judges for fast track trial
Special courtroom, additional buildings and other infrastructure may be provided

4) Adoption of Innovative Measures for Expeditious Disposal

The Presiding Officers will be provided with laptops with relevant software installed and cases related to a traffic violation and bailable offences can be dealt with through video conferencing
Effective Utilization of Judicial System and existing Infrastructure –
The initial step would be to utilise the present facilities and infrastructure wisely
Dividing shifts between the judges and increasing the working hours

Source: PIB

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