DEPARTMENT OF JUSTICE (Nyaya Vibhag)
SUPREME COURT
The authorised strength of the Supreme Court Judges (including
the Chief Justice of India ) is 26. There were four vacancies in the
apex court as on 10th December, 1998.
HIGH COURTS
The Government of India have adopted a policy of having Chief
Justices of High Courts from outside the States over which the Courts
have jurisdiction. During the year under review two Chief Justices
were appointed / transferred in the High Courts under this policy.
High Courts of Allahabad, Andhra Pradesh, Bombay, Calcutta, Delhi,
Guwahati, Rajasthan and Sikkim have acting Chief Justices.
As on 10.12.1998, the total sanctioned strength of Judges and
Additional Judges of the various High Courts was 587. In addition,
posts of 6 permanent Judges and 25 Additional Judges would be created
in different High Courts.
Four fresh appointments of Judges / Additional Judges were
made in the High Courts and in addition 26 Additional Judges were
appointed as permanent Judges during April - December 10, 1998. The
details of appointment of these Judges are indicated below:-
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High Court Initial Addl. No. Appointment Judges made Permanent
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1. Andhra Pradesh 01 01
2. Bombay -- 10
3. Delhi -- 01
4. Gauhati 01 01
5. Gujarat -- 04
6. Karnataka 02 03
7. Orissa -- 01
8. Punjab & Haryana -- 01
9. Rajasthan -- 04
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Total 04 26
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As on 10.12.1998, there wer 161 vacancies in Various High
Courts.
No Audit Report is pending.
PLAN FUNDS FOR THE JUDICIARY
A Centrally Sponsored Scheme relating to development of
infrastructural facilities for the judiciary is being implemented by
the Department of Justice from the year 1993-94. The Scheme is being
implemented with a view to augment the resources of the State
Government/Union territory Administrations. The Scheme includes
construction of court buildings, and residential accommodation of
Judges / Judicial officers covering High Courts and subordinate
courts. The expenditure under the Scheme is shared by the Central and
State Government on 50-50 basis. The expenditure in respect of Union
territories is to met fully be the Centre.
From 1993-94 to 1997-98, an amount of Rs. 232.43 crores has
been released to various States / Union Territories. An expenditure
of Rs. 482.81 crores has been incurred on various permissible works
under the Scheme till March, 1998. For the year 1998-99, a Budget
provision of Rs. 52 crores has been made for implementing the scheme.
Out of this, the first instalment of Rs. 21.54 crore has been
released to various States / U.Ts.
POSITION REGARDING CASES PENDING IN THE SUPREME COURT AND
VARIOUS HIGH COURTS
As per the information furnished by the Registries of the
Courts the position of institution, disposal and pendency of cases in
Supreme Court and the High Courts is given in the attached annexures.
NATIONAL JUDICIAL ACADEMY
(i). National Judicial Academny (NJA) has been established by
the Government of India for providing inservice training to Judical
Officers. The Academy is run by an autonomous body registered under
the Societies Registration Act, 1860 (Act XXI of 1860). The NJA is
registered with Registrar of Societies, Delhi on 17.8.1993 and it came
into existence w.e.f. that date.
(ii) The Management of the society is entrusted to Governing
Council under the Chairmanship of the Chief Justice of India. Two
other Judges of the Supreme Court of India, Secretaries to the
Government of India in the Department of Justice, Department of Legal
Affairs and Department of Expenditure are its other members. The
Registrar General, Supreme Court of India is the Member Secretary of
the Governing Council. The NJA is located at Bhopal in Madhya Pradesh
with its registered office in the Supreme Court premises at New Delhi.
The building complex of the Academy is already under construction at
Bhopal for which the Government has approved an amount of Rs. 48.04
Crores. A certain portion of the fund under the Centrally Sponsored
Scheme relating to infrastructural expenses of the NJA in consultation
with the Planning Commission. Till the end of the financial year,
1997-98, an amount of Rs. 20.53 crores has been released to the
Academy to meet its expenses. For the current financial year i.e.
1998-99, an amount of Rs. 18 crores has been allocated for the
Academy, of which an amount of Rs. 9 crores has been released till
November, 1998.
(iii) The progress of the construction work of the Academy is
being closely monitored and it is felt that the construction of the
Academy will be completed within the scheduled time i.e. by December,
1999.
(iv) Despite the fact that the Academy is not yet fully
functional, it has already carried out a number of academic
activities. The Academy organised a training programme of Gender and
Law" for the second batch of 10 Judicial officers from different
States / High Courts in collaboration with the British Council
Division. These officers underwent 6 weeks' training at the
Warwichsher University, United Kingdom, under the Colombo Plan. The
Academy also organised 2 regional seminars at Lucknow and Hyderabad to
disseminate the outputs of the "Gender and Law" project. In future
also the Academy proposes to organise similar orientation courses and
seminars with the help of the regional institutes to cover more region
and more judicial officers.
THE FIRST NATIONAL JUDICIAL PAY COMMISSION
The First National Judicial Pay Commission has been set up
under the Chairmanship of Shri Justice K.J.Shetty, a retired Judge of
the Supreme Court vide resolution dated 21.3.1996; in compliance with
a direction of the Supreme Court of India in Writ Petition
No.1022/1989 All India Judges Association Vs. Union of India. Its
terms of reference include examinations and recommendations in respect
of salary, allowances and other conditions of service of the members
of the subordinate judiciary of the entire country. The Commission
will also make recommendation regarding minimum qualification, age,
method of recruitment, work environment for the judicial officers. It
will submit its report to the STate Government as the Judicial
Officers are the employees of the respective State Governments. The
Commission is already in the midst of its work. It has already
recommended the grant of interim relief to the Judicial Officers.
REVISION OF SALARY AND PENSION OF THE JUDGES :
(i) On the basis of the recommendations of the Vth Central Pay
Commission, the salary of the Judges of the Supreme Court and the High
Courts has been revised w.e.f. 1.1.1996 through the High Court and
the Supreme Court Judges (Conditions of Service) Amendment Act, 1998
(Act No. 18 of 1998).
(ii) The revised salaries of the Judges w.e.f 1.1.1996 are as
follows :
Chief Justice of India Rs. 33,000 per month
Judges of Supreme Court Rs. 30,000 per month
Chief Justices of High Courts Rs. 30,000 per month
Judges of High Courts Rs. 26,000 per month
(iii) The pension, additional pension and family pension of
the Judges are slated to be revised w.e.f. 1.1.1996 through the High
Court and Supreme Court Judges (Salaries and Conditions of Service)
Amendment Act, 1998. This Act also proposed to raise the House Rent
Allowance (HRA) of a Judge of the Supreme Court and the High Court to
Rs. 10000 per month at a flat rate.
CHAPTER III