JUDICIAL STATISTICS AS AN ACCOUNTABILITY TOOL

It has been the common experience of litigants, researchers and civil society activists that despite the recent efforts to place real time information on the progress of court cases in the public domain, useful statistical information regarding court cases is hard to come by. During his term as a nominated member of Rajya Sabha, Mr. Fali Nariman had tabled a Private Member's Bill on judicial statistics, which envisaged the establishment of a chain of judicial statistics authorities charged with the responsibility of publishing comprehensive annual reports on judicial statistics. Mr. Nariman's term ended shortly thereafter and as expected, the Bill was allowed to lapse.

Common Cause and Public Interest Foundation, which have been working together in the campaign against criminalization of the polity, have joined hands to pursue the idea underlying Mr. Nariman's Bill. The objective of the Bill can be met if the courts, led by the Supreme Court, publish of their own accord comprehensive periodical reports on their functioning. With this end in view, Common Cause and Public Interest Foundation have addressed the attached letter to the Secretary General, Supreme Court of India.

-Editor

July 7, 2010

Shri A.I.S. Cheema,

Secretary General,

Supreme Court of India,

Tilak Marg, New Delhi-110001

Dear Sir,

We are writing on behalf of two civil society organizations, viz. Common Cause and Public Interest Foundation, which have been campaigning for transparency and citizen-centric reforms in the three wings of the State.

2. Established by the legendary social activist, Shri H. D. Shouri, in 1980, Common Cause is a registered society, which is dedicated to public causes and to securing redress of the common problems of the people by interceding with public authorities and resorting to public interest litigation, if necessary. Many of the PILs filed by Common Cause have addressed critical dimensions of governance reforms.

3. Public Interest Foundation, also a registered society, was established in January, 2008 to focus on issues that impact on the larger interests of society. Mr. Naresh Chandra, formerly Indian Ambassador to the USA and Cabinet Secretary, heads the Foundation. Its interventions and advocacy efforts aim at maximizing public welfare. Ensuring the purity of the processes of governance in the country has been a core concern of the Foundation.

4. The pooled institutional and individual experience available to our two organizations has convinced us that the functioning of the legal and judicial arm of the State should be more transparent and lay a greater stress on accountability to the stakeholders. The explosion of information technology in our daily lives has made it possible to connect the judicial process to the stakeholders in a proactive and seamless manner.

5. With the above objective in view, in December 2004, Mr. Fali S. Nariman, who was then a member of Rajya Sabha, had introduced a private member's bill titled the Judicial Statistics Bill, 2004 (copy enclosed for ready reference). The Bill eventually lapsed as Mr. Nariman's term ended shortly thereafter. The principle underlying the Bill, however, is as relevant today as it then was and its adoption does not have to depend on the passage of an Act of Parliament.

In the Statement of Objects and Reasons of the Bill, the following arguments were advanced for this timely legislative initiative:

Quote

"Design of judicial data base and making it available to the public in the form of an Annual Report will facilitate all the stake holders to understand the legal problems in proper perspective.

The practice of publishing Annual Judicial Statistics report is already in vogue in many countries. In the United Kingdom The Lord Chancellor publishes an Annual judicial Statistics Report. In the US all courts prepare and publish such reports.

Publication of an Annual Judicial Statistics Report will help the general public and other stake holders to assess the performance of the judicial institutions and suggest remedies for judicial backlog. It will go a long way towards demystifying the law and the administration of justice."

Unquote

6. Of late, judicial institutions have, with varying degrees of enthusiasm, begun to provide piecemeal information on the progress of ongoing legal cases. The information voluntarily placed in the public domain by these institutions, however, falls short of the requirement and a growing number of litigants, researchers and civil society activists is using the instrument of the Right to Information Act, 2005 to elicit the desired information. The need for resorting to the RTI or informal channels for accessing information may be minimized, if a comprehensive Judicial Statistical Report, as envisaged in Judicial Statistics Bill, 2004, is periodically placed in the public domain by all judicial institutions. A proposition for the judicial statistics and other relevant information to be provided at the levels of the Supreme Court, the High Courts and the District Courts is annexed for consideration.

It is our fervent hope that the Apex Court would take the initiative to adopt and universalize the system of bringing out periodical Judicial Statistical Reports in the public domain. Our two organizations would deem it a privilege to collaborate in this enterprise in any manner considered appropriate by the supreme judicial authority.

Yours sincerely,

(Kamal Kant Jaswal) (Nripendra Misra)

Director Director

Common Cause Public Interest Foundation

AS INTRODUCED IN THE RAJYA SABHA ON 3RD DECEMBSER, 2004

Bill No. XII of 2004

THE JUDICIAL STATISTICS BILL, 2004

BILL

to provide for the constitution of judicial statement authorities for collection and publication of judicial statistics and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Judicial Statistics Act, 2004.

(2) It extends to the whole of India. 2. In this Act unless the context otherwise requires:-

(a) "district authority" means the District Judicial Statistics Authority constituted under sub-section (1) of section 7;

(b) "National authority" means the National Judicial Statistics Authority established under sub-section (1) of section 3;

(d) "state authority" means the State Judicial Statistics Authority constituted under sub-section (1) of section 5.

CHAPTER II

NATIONAL AUTHORITY FOR JUDICIAL STATISTICS

3. (1) The Central Government shall constitute a body called the National Authority for Judicial Statistics to exercise the powers and perform the functions conferred on it under this Act.

(2) The National Authority shall consists of

(a) The Chief Justice of India who shall be the Patron-in-Chief;

(b) A serving or a retired Judge of the Supreme Court to be nominated by the President in consultation with the Chief Justice of India who shall be the Executive Chairman;

(c) Presiding Officers of the Tribunals established under various Acts of Parliament;

(d) Registrar-General of the Supreme Court who shall be Member Secretary Ex Officio;

(e) Such number of other members possessing such experience and qualifications as may be prescribed by the Central Government.

4. (1) It shall be the duty of the National Authority to collect or cause to be collected statistics about the cases, appeals, petitions and other matters filed in the Supreme Court and in other Tribunals established under any Act of Parliament.

(2) Without prejudice to the provisions of sub-section (1) the National Authority shall collect or cause to be collected the following facts and particulars, namely:-

(a) The legal nature of the dispute;

(b) Outcome of dispute;

(d) The names of the judges who heard them;

(e) The Act and the section under which the cause of action is invoked by the litigants;

(f) The number of hours taken;

(g) Adjournments granted;

(h) The lawyers who appeared for the parties;

(i) Interval between filing of cases and their hearing by the court;

(j) Date of final disposal of the case;

(k) Time taken for delivery of judgments after conclusion of hearing; and

(l) Such other details as may be prescribed by the Central Government.

CHAPTER III

STATE AUTHORITY OF JUIDICIAL STATISTICS

5. (1) Every State Government shall constitute for the purposes of this Act, a body for the State to be known as the (………………………………… name of the State) Authority for Judicial Statistics to exercise the powers and perform the functions conferred on it under this Act.

(2) The State Authority shall consist of:-

(a) The Chief Justice of the High Court who shall be the Patron-in-Chief;

(b) A serving or a retired Judge of the High Court to be nominated by the Governor in consultation with the Chief Justice of the High Court who shall be the Executive Chairman;

(d) Registrar of the High Court who shall be Member Secretary Ex Officio; and

(e) Such number of other members possessing such experience and qualifications as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

6. (1) It shall be the duty of the State Authority to collect or cause to be collected statistics about the cases, appeals, petitions and other matters filed in the High Court and in other Tribunals established under any Act of State Legislature.

(2) Without prejudice to the provisions of sub-section (1) the State Authority shall collect or cause to be collected the following facts and particulars, namely:-

(a) The legal nature of the dispute;

(b) Outcome of dispute;

(d) The names of the judges who heard them;

(e) The Act and the section under which the cause of action is invoked by the litigants;

(f) The number of hours taken;

(g) Adjournments granted;

(h) The lawyers who appeared for the parties;

(i) Interval between filing of cases and their hearing by the court;

(j) Date of final disposal of the case;

(k) Time taken for delivery of judgments after conclusion of hearing; and

(l) Such other details as may be prescribed by the State Government.

CHAPTER IV

DISTRICT AUTHORITY FOR JUDICIAL STATISTICS

7. (1) The State Government shall in consultation with the Chief Justice of the High Court constitute for the purposes of this Act a body for each district to be known as the (………………………………… name of the District) Authority for Judicial Statistics to exercise the powers and perform the functions conferred on it under this Act.

(2) The District Authority shall consist of:-

(a) The District Judge who shall be the Patron-in-Chief;

(b) Such number of other members possessing such experience and qualifications as may be prescribed by the State Government

8. (1) It shall be the duty of the District Authority to collect or cause to be collected statistics about the cases, appeals, petitions and other matters filed in the District Court and in other Court subordinate to it.

(2) Without prejudice to the provisions of sub-section (1) the District Authority shall collect or cause to be collected the following facts and particulars, namely:-

(a) The legal nature of the dispute;

(b) Outcome of dispute;

(d) The names of the judges who heard them;

(e) The Act and the section under which the cause of action is invoked by the litigants;

(f) The number of hours taken;

(g) Adjournments granted;

(h) The lawyers who appeared for the parties;

(i) Interval between filing of cases and their hearing by the court;

(j) Date of final disposal of the case;

(k) Time taken for delivery of judgments after conclusion of hearings; and

(l) Such other details as may be prescribed.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

9. Grants by the Central Government.

The Central Government shall, after due, appropriation made by Parliament by law in this behalf, pay to the National Authority, by way of grants, such sums of money as the Central Government may think fit for being utilized for the purposes of this Act.

10. (1) The National authority shall establish a fund to be called the National Judicial Statistics Fund and there shall be credited thereto:-

(a) All sums of money given as grants by the Central Government under Section 9;

(b) Any grants or donations that may be made to the National Authority by any other person for the purposes of this Act; and

(2) The National authority Statistics Fund shall be applied for meeting:-

(a) The cost of collecting judicial statistics under this Act including grants made to state Authorities;

(b) The cost of service provided by any service provider for collecting statistics under this Act; and

11. (1) The State authority shall establish a fund to be called the State Judicial Statistics Fund and there shall be credited thereto:-

(a) All sums of money paid to it or any grants made by the National Authority for the purposes of this Act;

(b) Any grants or donations that may be made to the State Authority by the State Government or by any other person for the purposes of this Act; and

(2) The State Judicial Statistics Fund shall be applied for meeting:-

(a) The cost of collecting judicial statistics under Section 6;

(b) The cost of services provided by any service provider for collecting statistics under Section 6; and

12. (1) Every District authority shall establish a fund to be called the District Judicial Statistics Fund and there shall be credited thereto:-

(a) All sums of money paid or any grants made by the State Authority to the District Authority for the purposes of this Act;

(b) Any grants or donations that may be made to the District Authority by any person, with prior approval of the State Authority, for the purposes of this Act; and

(2) The District Judicial Statistics Fund shall be applied for meeting:-

(d) The cost of collecting judicial statistics under Section 8; and

(e) Any other expenses which are required to be met by the District Authority for collecting statistics under Section 8.

13. (1) The National Authority, State Authority or the District Authority (hereinafter referred to in this section as `the Authority'), as the case may be, shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account and the balance-sheet in such form and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Authorities shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority concerned to the Controller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the auditing of the accounts of an Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the auditing of the Government accounts and, in particular, shall have the right to demand the production of books, account, connected vouchers and other documents and papers and to inspect any of the offices of the Authorities under his Act.

(4) The accounts of the Authorities, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually by the Authorities to the Central Government or the State Governments, as the case may be.

CHAPTER VI

JUDICIAL STATISTICS REPORT

14. (1) The National Authority shall prepare an Annual National Judicial Statistics Report based on the statistics of cases, appeals, petitions and other matters referred to in sub-section (1) of section 4 collected during the previous year.

(2) The Report prepared under sub-section (1) shall:-

(a) Describe in detail the criminal, civil, constitutional and other business of the Supreme Court and other Tribunals referred to in sub-section (1) of section 3;

(b) Provide a commentary on the trends revealed by such statistics,

(d) Contain such other matters as may be prescribed by the State Government.

15. (1) Every State Authority shall prepare an Annual National Judicial Statistics Report based on the statistics of cases, appeals, petitions and other matters referred to in sub-section (1) of section 6 collected during the previous year.

(2) The Report prepared under sub-section (1) shall also contain a consolidated statement of statistics collected by the District Authorities under sub-section (1) of section 8 during the previous year.

(3) The Report prepared under sub-section (1) shall:-

(a) Describe in detail the criminal, civil, constitutional and other business of the High Court and other Tribunals referred to in sub-section (1) of section 6 and the District and subordinate courts under sub-section (1) of section 8;

(b) Provide a commentary on the trends revealed by the statistics,

(d) Contain such other matters as may be prescribed by the State Government.

16. The Annual National Judicial Statistics Report and the Annual State Judicial Statistics Report shall be published before the reopening of the Supreme Court or the High Court as the case may be, after the summer vacation.

17. (1) The Central Government, in consultation with the Chief Justice of India may, be notification, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-

(a) The experience and qualification of members under clause (e) of sub-section (2) of section 3;

(b) Other details which may be prescribed under clause (1) of sub-section (2) of section 4.

(d) Any other matter which is to be or required to be prescribed.

18. (1) The State Government, in consultation with the Chief Justice of the High Court may, by notification, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-

(a) The experience and qualification of members under clause (e) of sub-section (2) of section 5;

(b) Other details which may be prescribed under clause (1) of sub-section (2) of section 6.

(d) Other details which may be prescribed under clause (1) of sub-section (2) of section 8.

(e) Other matters which a Report may contain under clause (d)of sub-section (3) of section 15; and

(f) Any other matter which is to be or required to be prescribed.

19. (1) Every rule made under this Act by the Central Government shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and it, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule or regulation should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(2) Every rule made under this Act by State Government shall be laid as soon as may be after it is made, before the State Legislature.

STATEMENT OF OBJECTS AND REASON

Economic reforms cannot succeed unless accompanied by legal and judicial reforms. Law reform has hitherto focused mainly on doctrinal research because of a lack of statistical data, which has hampered law reform agencies like the Law Commission from undertaking law-in-action studies. Pure doctrine legal research cannot adequately respond to new economical challenges. With globalization of the economy swift changes are needed in the legal and judicial sector to keep pace with new challenges.

Fortunately new means of collecting empirical data in the legal field are available with the advent of the information technology revolution. The availability of empirical data will help legal scholars to better assess the performance of our judicial institutions. It will also help legal researchers and the law reform agencies like the Law Commission to diagnose accurately the fault lines in the judicial and legal sector. Above all, it will make for greater transparency.

Design of judicial data base and making it available to the public in the form of an Annual Report will facilitate all the stake holders to understand the legal problems in proper perspective.

The practice of publishing Annual Judicial Statistics report is already in vogue in many countries. In the United Kingdom The Lord Chancellor publishes an Annual Judicial Statistics Report. In the US all courts prepare and publish such reports.

Publication of an Annual Judicial Statistics Report will help the general public and other stake holders to assess the performance of the judicial institutions and suggests remedies for judicial backlog. It will go a long way towards demystifying the law and the administration of justice

The Bill seeks to achieve the above objects.

FALI S. NARIMAN Annexure

Judicial Statistics and other relevant information to be published at the levels of the Supreme Court, the High Courts and the District Courts.

I. the legal nature of the dispute;

II. outcome of dispute;

III. in case of appeal whether the decision of the lower court was upheld or reversed;

IV. the name of the judges who heard them;

V. the Act and the section under which the cause of action is invoked by the litigants;

VI. the number of hours taken;

VII. adjournments granted;

VIII. the lawyers who appeared for the parties;

IX. interval between filing of cases and their hearing by the court;

X. date of final disposal of the case;

XI. time taken for delivery of judgments after conclusion of hearings; and

XII. such other details as may be prescribed by the Hon'ble Supreme Court.

Oct - December, 2010

JUDICIAL STATISTICS AS AN ACCOUNTABILITY TOOL

Vision

Mission

Objective