Pendency of cases will reduce after NJAC is put in place: Law Minister Sadananda Gowda

Pendency of cases in courts will reduce sharply once the National Judicial Appointments Commission (NJAC) is put in place, government said on Thursday in Rajya Sabha, a day after members pushed for its early implementation.

Law Minister Sadananda Gowda also said that a proposal on National Litigation Policy will soon be scrutinised by an informal-group of ministers, headed by Finance Minister Arun Jaitley, before Cabinet approval can be sought. Also, a separate law officer will be appointed in each government deparment for early disposal of cases, he added while replying to a debate on 'Working of the Law Ministry'.

"When National Judicial Appointments Commission becomes fully functional, there will be a sharp decline in pendency of cases," he said. Members, while participating in the debate, on Wednesday pressed for early implementation of NJAC, which replaces the Collegium system and by which the government will have a role in appointment of judges to higher judiciary.

Despite certain measures taken to reduce pendency of cases, there is still lag in clearance of cases because of various reasons such as rise in number of central and state laws, vacancy of judges, and adjournments among others, he said.

Noting that pendency of cases is not in the domain of the government but in the Judiciary, the Minister said though there has been marginal decline in pendency of cases in last four years but registration of new cases have risen.

For instance in subordinate courts, the number of new cases have risen to 1.89 crore in 2014 from 1.80 crore in 2010, while the number have increased to 89,164 in High Court in 2014 from 61,081 cases in 2012, he added.

Highlighting steps being taken to reduce pendency of cases, Gowda said the government is working on a National Litigation Policy and appointment of a law officer in the government departments.

"Already, the state governments have given their comments on the National Litigation Policy. The government is working on this. We have drafted the policy and will soon bring it to before the Cabinet," he said.
Gowda also mentioned that a new branch has been opened in Bangalore to meet the requirement to other states.

Gowda said the National Litigation Policy may soon be evaluated by an informal group of ministers which also includes Transport Minister Nitin Gadkari and IT and Communication Minister Ravishankar Prasad besides Jaitley.

Replying to a member's query whether there is confrontation between the Executive and Judiciary, the Minister said, "I dont' think there is any confrontation.

There can be difference of opinion and not confrontation." To a member's recommendation to set up a separate wing on international law and treaties, he said currently, the External Affairs Ministry handles this and the Law Department is involved on case-to-case basis.

He added that the proposal to set up National Judiciary Service was rejected by the state governments citing various reasons including dilution of subordinate courts and reduction of chances of promotion.

With regard to a suggestion to establish High Court benches at state level, the Minister said, "If the proposal comes from the state government, after due consulation with the Chief Justice of India (CJI), the government will consider."

When Deputy Chairman PJ Kurien said, "There are instances, CJI will not agree. What will you do?" The Minister did not reply. Gowda also clarified that issues related to investigation, undertrials and related issues are often linked to the Law Ministry. "But this department has no role to play. They are concerned to other ministries."