Law commission

Law Commission considering proposals for a uniform civil code, One Nation One Election; There are no plans to make voting compulsory: the Ministry of Justice

During the last budget session, the Ministry of Law and Justice responded to many important questions raised by the Rajya Sabha MP, which have been summarized below:

[Uniform Civil Code] The government has asked the Law Commission to undertake a review; Chairman and members of the 22nd Law Commission yet to be appointed

In response to a question raised by MP KC Ramamurthy regarding the Uniform Civil Code, the Ministry of Law and Justice informed Rajya Sabha that the government had requested the 21st Law Commission of India to undertake the review various questions relating to the Uniform Civil Code and to make recommendations. above.

It was reported that the Commission had reviewed/considered the topic and posted a consultation paper titled “Family Law Reform” on its website for broader discussions. Furthermore, Minister of Law Kiren Rijiju added that the mandate of the 21st Law Commission ended on 31.08.2018 and the 22nd Law Commission was constituted by notification dated 21.2.2020, but that the President and the members have not yet been named.

No proposals to make voting compulsory or to publish the name of the voter who has voted on ECI websites are under consideration by the government

The Ministry of Law and Justice, while responding to the question raised by MP Sanjay Raut, informed Rajya Sabha that no proposal to make voting compulsory is under consideration by the government.

Further, the Ministry of Justice has also informed that no proposal to publish the name of the voter who voted in various elections on the ECI website is under consideration by the government.

MP Sanjay Raut raised the following questions:

“(a) if the government plans to make voting compulsory in the country;

(b) if so, details thereof and when;

(c) is the government also considering publishing the name of the voter on the websites of the Election Commission of India (ECI) who voted in various elections; and

(d) if yes, details and if not, reasons?”

[One Nation One Election] Case referred to Law Commission to develop practical roadmap and framework for simultaneous elections to Lok Sabha and State Assemblies

Justice Minister Kiren Rijiju said the parliamentary standing committee on personnel, public grievances, law and justice made some recommendations on the issue of concurrent elections in its 79th report. He added that the matter is now being referred to the Law Commission for further consideration to develop a practical roadmap and framework for simultaneous Lok Sabha and state assembly elections.

Further, he also mentioned that the aforementioned committee had considered the issue of simultaneous elections for Lok Sabha and State Legislative Assemblies in consultation with various stakeholders including the Election Commission of India.

The above information was provided in response to the question raised by MP Sushil Kumar Gupta.

No proposal under consideration to ban use of national symbol as party symbol, Justice Department

It has been advised in Rajya Sabha that any election symbol reserved/allocated by the Election Commission of India will be deemed not to be a religious or national symbol.

In response to the question raised by MP Prasanna Acharya that the government would consider denying the use of the national symbol as a party symbol, Justice Minister Kiren Rijiju replied that no such proposal was in the offing. study by the government.

In the Draft Detailed Project Report for Phase III of the eCourts Project, the Supreme Court’s Electronic Committee Mentions the Use of AI and Blockchain Technology: Department of Justice

With its goal of universal computerization and activation of information and communication technologies of all complexes of district and subordinate courts, the Ministry of Justice, in close coordination with the electronic committee of the Supreme Court of India is implementing the e-Courts Mission Mode project, the Ministry of Justice has informed.

He was also informed that to explore the use of Artificial Intelligence (AI) in the judiciary, the Supreme Court of India has formed a Committee on Artificial Intelligence which has mainly identified the application of the technology of AI in court document translation, legal research assistance and process. automating. However, in Phase II of e-courts, which has been under implementation since 2015, AI and Blockchain technology were not used, the ministry added.

The said information was provided in response to questions raised by MPs KC Venugopal and Sanjay Singh requesting the following information:

“(a) details of advanced technologies, in particular Blockchain technology and artificial intelligence used in legal proceedings and digital records management;

(b) whether it is a fact that the government is studying the possibility of introducing and integrating these technologies into the justice delivery system under the e-Court project”

Justice Minister Kiren Rijiju said that as Phase II of the eCourts project draws to a close, a draft vision document has been formulated by the Supreme Court eCommittee for Phase III of the eCourts project. . Based on this document, a Detailed Project Report (DPR) is being prepared by the Electronic Committee of the Supreme Court of India, he added. He further added that in the draft of DPR, the eCommittee of the Supreme Court of India mentions the use of AI and Blockchain technology.

29,050 people with disabilities received legal services under the Legal Services Authority Act 1987 From April 2018 to January 2022: Ministry of Law

In response to the question raised by MP Dr Amar Patnaik regarding free legal aid for persons with disabilities, the Ministry of Justice advised that India is part of Incheon’s strategy to “make the law a reality”. for Persons with Disabilities (PwD) in Asia and the Pacific. . It was added that 29,050 people with disabilities received legal services under the Legal Services Authorities Act 1987 from April 2018 to January 2022.

The Minister of Justice said that the government has taken several steps to make affordable, quality and timely justice accessible to the common man, including people with disabilities. He also mentioned that legal service institutions have been set up from the level of Taluk Court to the Supreme Court. In addition to enabling equitable access to justice, the National Legal Services Authority (NALSA) has also launched the Legal Services Mobile App on Android and IoS version to enable easy access to legal aid for ordinary citizens, including people with disabilities, he added.

Government of Bihar has failed to complete mandatory requirements such as submission of certificate of use and compliance with Revised Public Financial Management System (PFMS) for Indra Judicial Funds : Ministry of Law

The Ministry of Law and Justice has informed that the state government has provided a central share requirement of Rs. 229.53 crores in the financial year 2021-22, solely for the construction of courtrooms and residential units of district and subordinate courts. He was also informed that the State, however, had not fulfilled the mandatory requirements such as submission of a certificate of use and compliance with the revised Public Financial Management System (PFMS) for the release of funds. funds under the program.

While responding to MP Sushil Kumar Modi’s question regarding infrastructure development for the judiciary in Bihar, Justice Minister Kiren Rijiju said that the Bihar government has proposed the construction of a barristers hall near the Patna District Court with an administrative approval of Rs. 21.64 crores under the flexible funds provisions of the centralized program for the development of infrastructure facilities for the judiciary, which was also approved by the department. The state government is required to apply for a NOC from the Department of Urban Development and Housing, Government of Bihar for the project and complete it, he added.

The Minister of Justice further said that an amount of Rs. 412.98 crores has so far been disbursed to the Bihar government under the scheme, of which an amount of Rs. 153.34 crores has been disbursed. released within the last 3 years. Further, he added that a sum of Rs. 857.42 crore towards the central share and Rs. 476.72 crore towards the state share are yet to be utilized by the states/UTs which includes Rs. 105.76 crore towards the central share and Rs. 96.13 crore towards the state share by Bihar State.

26% of court complexes do not have separate toilets for women, 16% do not have toilets for men, 54% have drinking water with purifiers and 5% are equipped with basic medical facilities.

The Ministry of Law and Justice has informed the Rajya Sabha that the Registry of the Supreme Court of India has compiled data on the state of judicial infrastructure and court facilities. It was added that according to the data, 26% of court compounds do not have separate toilets for women and 16% do not have toilets for men, 54% of court compounds have drinking water with purifiers and 5% are equipped with basic medical facilities.

The said information was provided by Justice Minister Kiren Rijiju on the matter raised by MP Abir Ranjan Biswas.

MP Abir Ranjan Biswas had asked for details on the number of court compounds lacking separate toilets for men and women, drinking water facilities and basic medical facilities.

Information on the number of cases disposed of by high, district and subordinate courts, online and offline, is not centrally maintained: Ministry of Justice

The Ministry of Law and Justice said that information on the number of cases tried by the High Court and district and subordinate courts, online and offline, is not centrally managed.

In addition, it was also stated that the Case Settlement Rate (CCR) information is not kept centrally. However, it has been added by the Ministry that based on information available from the Department of Justice, CCR from various High Courts and District and Subordinate Courts for pre-Covid19 (year 2019) and post-Covid 19 (year 2020 and 2021) was calculated by comparing the number of cases settled in a year to the number of cases filed that year.

The information mentioned above has been provided in response to the following questions raised by MP TG Venkatesh,

  • (a)whether the case clearance rate (CCR), calculated on the basis of the number of cases settled in a year compared to the number of cases filed in that year, has been impressive in some high courts and tribunals of first instance of States, if so, the details thereof during the pre and post Covid-19 situation to date; and
  • (b) the number of cases resolved in each court from lower courts to upper courts online and offline since 2017 to date?