UPSC Mains_Judicial Manpower_Report 245 of Law Commission

Back ground on Pending cases :

Higher Judiciary :

From the Report 245 of Law Commission. As on 2012, there are approx . 20 lakhs cases in pendency with a annual institution ( cases registered) and disposed are equal to app. 13 lakh.

So Annual Back Log creation is just over +1 % ( Increasing trend from 2002)

District and Subordinate Courts :  As on 2012, there are approx . +1 Cr cases in pendency. With Annual inflow and disposal are almost equal to 80 Laks.

So, again here Annnual Back log creation is just +1% ( Decreasing trend )

Determining Judicial Strength : ( Four methods )

1. Population to Judges ration : The commission finds it irrelevant. The cases depends on society. Ex : Rural society may demand less and urban society may demand more. Rejected

2. Ideal Case Load Method : Means fixing number of cases to be handled by Judges.Variation between Cadres of diff states is huge. One case is different from other. One may take long time and other may not.

3. Time based method : Followed in US. We need a lot of Information to arrive at the figures which we dont have in India

4. Disposal rate method : Means taking the average Rate of disposal  of last 3 years. Calculating Break even Judges = Average Institution/ Average rate of disposal.
So we can calculate Additional Judges for break even

For Pendency , Judges needed to clear back Logs = (No. of Pending/ Average rate of disposal )/ No of years

Recommended method by Commission

Final Recommedation of the 245th report of Commission :

1. Rate of disposal method
2. Judges to be appointed on priority basis
3. Increasing the age of retirement of Subordinate Judges
4. Special courts for Police/Traffic chellan cases. Which constitutes 38.7 of institution and 37 of pending cases
5. Provision for staff and Infrastructure
6. Periodic assessment by High courts on Judges requirement
7. Alternate Dispure redressals
8. Key non binding performance indicators for Judges, non binding time frame for cases