Law Commission Examining Proposals For Uniform Civil Code, One Nation One Election; No Plans To Make Voting Compulsory: Law Ministry
During the last Budget Session, the Ministry of Law and Justice has answered many significant questions raised by the Member of Parliaments in the Rajya Sabha, which have been summarized below: [Uniform Civil Code] Govt Requested Law Commision To Undertake Examination; Chairman & Members of 22nd Law Commission Yet To Be Appointed In response to a query raised by MP K. C....
During the last Budget Session, the Ministry of Law and Justice has answered many significant questions raised by the Member of Parliaments in the Rajya Sabha, which have been summarized below:
[Uniform Civil Code] Govt Requested Law Commision To Undertake Examination; Chairman & Members of 22nd Law Commission Yet To Be Appointed
In response to a query raised by MP K. C. Ramamurthy regarding 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 examination of various issues relating to uniform civil code and to make recommendations thereon.
It was stated that the Commission had examined/ considered the subject matter and uploaded a consultation paper titled "Reform of Family Law" on its website for wider discussions. Further, the Law Minister Kiren Rijiju added that the term of the 21st Law Commission ended on 31.08.2018 and the 22nd Law Commission has been constituted vide notification dated 21.2.2020 but the Chairman and Members are yet to be appointed.
No Proposal To Make Voting Compulsory Or To to Publish Voter's Name Who Casted Their Votes On ECI's Websites Is Under Consideration of Govt
The Ministry of Law and Justice, while replying to the query raised by MP Sanjay Raut, informed Rajya Sabha that no proposal to make voting compulsory is under consideration of the Government.
Further, the Law Ministry also informed that no proposal to publish the voter's name who casted their votes in various elections, on the ECI's website is under consideration of the Government.
MP Sanjay Raut raised the following questions:
"(a) whether Government is considering to make voting compulsory in the country;
(b) if so, the details thereof and by when;
(c) whether Government is also considering to publish the voter's name in various Election Commission of India (ECI's) website, who casted their votes in various elections; and
(d) if so, details thereof and if not, the reasons therefor?"
[One Nation One Election] Matter Referred To Law Commission To Work Out Practicable Road Map & Framework For Simultaneous Elections To Lok Sabha & State Assemblies
The Law Minister Kiren Rijiju stated that the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has given certain recommendations on the issue of simultaneous elections in its 79th Report. He added that the matter now stands referred to the Law Commission for further examination to work out a practicable road map and framework for simultaneous elections to Lok Sabha and State Assemblies.
Moreover, he also mentioned that the aforesaid Committee had examined the issue of simultaneous elections to Lok Sabha and State Legislative Assemblies in consultation with various stake-holders including Election Commission of India.
The aforesaid information was provided in response to the query raised by MP Sushil Kumar Gupta.
No Proposal Under Consideration To Disallow Use of National Symbol as Party Symbol, Law Ministry
It was informed in Rajya Sabha that any election symbol which is reserved/allotted by the Election commission of India shall be deemed as not a religious or national symbol.
In response to the query raised by MP Prasanna Acharya that whether the Government will consider disallowing use of National Symbol as party symbol, the Law Minister Kiren Rijiju responded that no such proposal is under consideration of the government.
In Draft Detailed Project Report of eCourts Project Phase III, The Supreme Court's E-Committee Mentions About Use of AI & Blockchain Technology: Law Ministry
With its objective of universal computerisation and Information and Communication Technology enablement of all the District & Subordinate Court complexes, the Department of Justice in close coordination with the eCommittee of Supreme Court of India is implementing eCourts Mission Mode Project, informed the Law Ministry.
It was also informed that to explore the use of artificial intelligence (AI) in the judicial domain, the Supreme Court of India has constituted an Artificial Intelligence Committee which has mainly identified application of AI technology in Translation of judicial documents, Legal research assistance and Process automation. However, in the eCourts Phase II, which is under implementation since 2015, AI and Blockchain Technology have not been used, added the Ministry.
The said information was provided in response to the questions raised by MPs K.C. Venugopal and Sanjay Singh seeking following informations:
"(a) the details of advance technologies, particularly Blockchain technology and Artificial Intelligence used in judicial process and digital record management;
(b) whether it is a fact that Government is exploring the possibility of introduction and integration of these technologies with justice delivery system under the e-Court project"
The Law Minister Kiren Rijiju stated that as Phase II of the eCourts project is coming to an end, a draft Vision Document has been formulated by the eCommittee of the Supreme Court for eCourts Project Phase III. Based on this document, a Detailed Project Report (DPR) is being prepared by the eCommittee of the Supreme Court of India, he added. He further added that in the draft DPR, the eCommittee of the Supreme Court of India mentions the use of AI and Blockchain technology.
29,050 Persons With Disabilities Provided Legal Services Under Legal Services Authorities Act, 1987 During April, 2018 to January, 2022: Law Ministry
In response to the query raised by MP Dr. Amar Patnaik regarding free legal aid to the diabled, the Law Ministry informed that India is party to Incheon Strategy to "Make the Right Real" for persons with disabilities (PwDs) in Asia and the Pacific. It was added that 29,050 persons with disabilities have been provided legal services under the Legal Services Authorities Act, 1987 during April, 2018 to January, 2022.
The Law Minister stated that the Government has undertaken several measures to make available affordable, quality and speedy justice to the common man, including persons with disabilities. He also mentioned that legal services institutions have been set up from the Taluk Court level to the Supreme Court. Further to enable equitable access to justice, National Legal Services Authorities (NALSA) has also launched Legal Services Mobile App on Android and IoS version to enable easy access to legal aid to common citizens including persons with disabilities, he added.
Bihar Govt Didn't Fulfil Mandatory Requirements Like Submission Of Utilization Certificate & Compliance With Revised Public Financial Management System (PFMS) For Funds of Judicial Indra: Law Ministry
The Ministry of Law and Justice informed that the State Government had furnished a requirement of central share of Rs. 229.53 crore during the financial year of 2021-22, only for the construction of court halls and residential units of district and subordinate courts. It was also informed that the State, however, did not fulfil the mandatory requirements like submission of utilization certificate and compliance with revised Public Financial Management System (PFMS) for release of funds under the scheme.
While responding to the question of MP Sushil Kumar Modi regarding infrastructure development for judiciary in Bihar, the Law Minister Kiren Rijiju stated that Bihar government had proposed construction of lawyers' hall near district court, Patna with an administrative approval of Rs. 21.64 crore under the provisions of flexi-funds of Centrally Sponsored Scheme for the Development of Infrastructure Facilities for Judiciary, which was also concurred in by the department. The State Government is required to seek NOC from Urban Development and Housing Department, Government of Bihar for the project and complete it, he added.
The Law Minister further stated that an amount of Rs. 412.98 crore has been released to the Bihar government under the scheme so far, out of which a sum of Rs. 153.34 crore has been released during the last 3 years. Further, he added that a sum of Rs. 857.42 crore towards central share and Rs. 476.72 crore towards state share is yet to be utilized by the States/UTs, which includes Rs. 105.76 crore towards the central share and Rs. 96.13 crore towards state share by the State of Bihar.
26% Court Complexes Don't Have Separate Ladies Toilets, 16% Don't Have Gents Gents Toilets, 54% Have Drinking Water With Purifiers & 5% Equipped With Basic Medical Facilities: Law Ministry
The Ministry of Law and Justice informed Rajya Sabha that the Registry of Supreme Court of India has compiled data on the status of judicial infrastructure and court amenities. It was added that as per the data, 26% of court complexes do not have separate toilets for ladies and 16% do not have toilets for gents, 54% court complexes have drinking water with purifiers and 5% are equipped with basic medical facilities.
The said information was provided by the Law Minister Kiren Rijiju on the query raised by MP Abir Ranjan Biswas.
MP Abir Ranjan Biswas.had sought details on the number of court complexes that have no separate ladies and gents toilets, drinking water facilities and basic medical facilities.
Information Related To Number Of Cases Disposed Of In High Court & District & Subordinate Courts, Online And Offline Is Not Maintained Centrally: Law Ministry
The Ministry of Law and Justice stated that the information related to the number of cases disposed of in High Court and district & subordinate courts, online and offline is not maintained centrally.
Further, it was also stated that the information related to the Case Clearance Rate (CCR) is not maintained centrally. However, it was added by the Ministry that on the basis of the information available with the Department of Justice, CCR of various High Courts and district and subordinate courts for the pre-Covid19 (year 2019) and post-Covid 19 (year 2020 and 2021) has been calculated by comparing the number of cases disposed of in a year to the number of cases filed in that year.
The above mentioned information was provided in response to following questions raised by MP T.G. Venkatesh,
- (a)whether the Case Clearance Rate (CCR) calculated on the basis of the number of cases disposed of in a year compared to the number of cases filed in that year, has been impressive in some of the High Courts and the Trial Courts in the States, if so, the details thereof during pre and post Covid-19 situation till date; and
- (b) the number of cases disposed of in each court from lower courts to higher court online and offline since 2017 onwards to till date?