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CHAPTER III 
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
---------------------------------------------------------------------

        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

        ---------------------------------------------------------------------
Total                              04                               26
---------------------------------------------------------------------

        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.

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