Third Meeting of the Advisory Council of ‘National Mission for Justice Delivery and Legal Reforms’ Focuses on issues that can help Reduce Pendency of Cases; Stresses need to Speed up Establishment of more Gram Nyayalayas

Press Information Bureau

Government of India

Ministry of Law & Justice

27-November-2012 18:36 IST

The third meeting of the Advisory Council of National Mission for Justice Delivery and Legal Reforms was held here today under the Chairmanship of Dr. Ashwani Kumar, Minister of Law and Justice. Dr. Montek Singh Ahluwalia, Deputy Chairman, Planning Commission; Shri Goolam E. Vahanvati, Attorney General of India; Shri Shantaram Naik, Chairman, Department Related Parliamentary Standing Committee; Shri Ali Mohd. Sagar, Minister of Law & Justice, Government of Jammu & Kashmir; Prof. K. N. Chandrasekharan Pillai, Director, National Judicial Academy; Prof. N.R. Madhava Menon; Shri M. K. Mishra, Chairman, Bar Council of India; Shri D. K. Sikri, Secretary, Department of Justice and Shri Anil Kumar Gulati, Mission Director were also present in the meeting.

In keeping with the objectives of the Mission, the focus of discussion was on issues which can help in reduction of pending cases in courts as well as review the strategic initiatives which can speed up the delivery of justice besides making it affordable. In this context, the Council discussed ways and means for speedier implementation of Gram Nyayalayas Act, 2008 which has been enacted to ensure inexpensive and speedier justice to the people at their door steps. The current pace of implementation of Gram Nyayalayas scheme has been slow for variety of reasons, the chief reason being they enjoy concurrent jurisdiction with the existing courts. Besides, other reasons are availability of prosecutors, lawyers, etc. The Advisory Council felt that these problems should be surmounted and that establishment of Gram Nyayalayas should be pursued forcefully with the State Governments and High Courts. The establishment of targeted number of Gram Nyayalayas would not only add to the existing number of courts but also take them closer to the people for dispensation of justice. The Council also looked at other possibilities including that of filling up of vacancies at the subordinate level for accelerating the pace of establishment of Gram Nyayalayas.

The Council also discussed methods which could be adopted for accelerating reduction of pendency in the courts. In this context, the Council discussed the possibilities of making amendments to the Negotiable Instruments Act because a very large pendency under this Act, has been clogging the judicial system. The Council felt that amendments need to be made to the Negotiable Instruments Act by which such transactions in which cheques are issued only as a collateral security, are excluded from its purview; use of Alternative Dispute Redressal mechanism under Section 138 of the Act be made compulsory; and Schedule of Procedure formulated for speedier trial and disposal of cases.

The Council took note of the on-going efforts for improvement of the court and case management system at the initiative of the Apex Court of the country. The Council endorsed the approach which has been discussed in the National Court Management Systems Committee as well as in the Advisory Committee of the National Court Management Systems. The reduction in pendency requires preparation of court development plan as well as introduction of case management system with the active support and co-operation of the Bar Councils. Therefore, it would need to be promoted actively to make the judicial system effective and efficient.

The Advisory Council has set up a Sub-Group which is working on the proposal for setting up of Model Courts in the country. The Sub-Group is headed by the former Chairman of the Law Commission, Shri Justice P.V.Reddi. The Council noted the progress made by the Sub-Group towards development of the concept and design of the model courts in consultation with the Chief Justices of the Madras High Court and Punjab & Haryana High Court. As model courts are envisioned to be the ‘Courts of Tomorrow’, this will be a major step forward for improving the quality of delivery of justice in future. A provision of Rs. 130 crore has been made in the Twelfth Five Year Plan for the establishment of such courts.

National Mission for Justice Delivery and Legal Reforms was established in August, 2011, as outcome of National Consultation for strengthening Judiciary towards reducing pendency and delays held in October, 2009, based on the recommendation of Conference of Chief Ministers and Chief Justices of High Courts convened in August, 2009.The first meeting of the National Mission held on 18th October, 2011 laid down a broad road-map and direction for National Mission to move ahead and formulation of five strategic initiatives. The second meeting held on 15th May, 2012 focussed on development of infrastructure facility of subordinate judiciary, review of pendency of cases in courts, formation of All India Judicial Service.

------------------------

KKP