India 2018

382 India 2018
governments/UT administrations. Under Article 235 of the Constitution of India,
the administrative control over the members of subordinate judicial service
vests with the concerned High Court. Further in exercise of powers conferred
under provision to Article 309 read with Articles 233 and 234 of the Constitution,
the state government shall frame rules and regulations in consultation with the
High Court exercising jurisdiction in relation to such state. The members of the
State Judicial Services are governed by these rules and regulations.
National Mission for Justice Delivery and Legal Reforms
National Mission for Justice Delivery and Legal Reforms was set up in 2011
with the twin objectives of increasing access by reducing delays and arrears in
the system and enhancing accountability through structural changes and by
setting performance standards and capacities. The Mission has been pursuing
a co-ordinated approach for phased liquidation of arrears and pendency in
judicial administration, which, inter-alia, involves better infrastructure for courts
including computerization, increase in strength of subordinate judiciary, policy
and legislative measures in the areas prone to excessive litigation, re-engineering
of court procedure for quick disposal of cases and emphasis on human resource
development. The Mission has taken several steps in each of the strategic areas
towards fulfilment of its objectives. All States have formulated their Litigation
Policies with a view to reduce the Governmental litigation. State governments
have been requested in make an assessment of the impact of the State Litigation
Policies on controlling proliferation of litigation by State agencies. Department
of Legal Affairs have formulated National Litigation Policy, 2015, which is under
active consideration of the Government.
An important aspect of the judicial reforms relates to re-engineering court
procedures and court processes for early disposal of cases. Process service has
been identified as a major bottleneck for timely delivery of justice. A research
note was prepared and circulated to High Courts for improving the process
service in civil and criminal matters. A positive response has been received
from several High Courts on the suggestions made in the research note. The
subject matter of re-engineering of court process and case management is also
under active consideration of the National Court Management System (NCMS)
of the Supreme Court. Process re-engineering exercise is being carried out under
e-Courts Mission Mode Project. For promotion of alternative methods of dispute
resolutions, mediation centres are being set up in court complexes at District
and Taluka levels. Government agencies are being encouraged to include
arbitration/mediation clauses in government contracts. Shortage of judicial
officers/judges in district and subordinate courts is one of the main causes for
backlog and pendency of cases in courts. The National Mission has regularly
pursued this matter with the State Governments and the High Courts. As a
result of the concerted efforts of all the stockholders, the sanctioned strength of
judicial officers/judges in district and subordinate courts has increased from
17,715 at the end of 2012 to 20,358 as in June, 2015. The mission is now pursuing