Most legislative assemblies make Parliament look like a paragon of virtue A COUPLE of days ago, an MLA from Orissa made news for climbing on to the speaker's table in the assembly. Not so long ago, television screens beamed images of Karnataka MLAs snacking and sleeping all night in the assembly. But these are only indicative of the incidents of the raucous behaviour of several MLAs in the recent past across the country. And the poor behaviour of some MLAs is only one aspect of the pitiable state of several of our state legislatures. The other aspect of our state legislatures that goes largely unnoticed is how poorly the secretariats of legislatures are equipped and how several systems that are seen as essential in Parliament are nonexistent in states. Even to know the complete picture of how our legislatures function, you need data. And several state assemblies are notoriously poor at putting out data on the functioning of the institution or the MLAs. After one gets used to the quality of Parliament websites and the regularity of their updates, it would be shocking to see that there are some state legislatures that do not even have functional websites. It has been observed that some state legislatures are lagging behind by a couple of years in compiling the "resume of work" which summarises the work done in a session of the legislature. So the first bottleneck in several instances is the inability to access data of the assembly. From the data we have managed to access, it is obvious that state assemblies meet for very few days a year. A case in point is the Punjab assembly which has met for an average of 19 days per year for a 10-year period between 1997 and 2007. Delhi was only marginally better averaging 21 days per year during the same period. Kerala has averaged some 50 days a year for several years now. Some states like Karnataka have legislated that they should meet for at least 60 days a year, but since passing that legislation in 2005, they have not managed to do so for even one year. I am not even accounting for the time lost due to disruptions. Bills are passed with little or no discussion in many state legislatures. While in Parliament, referring bills to the standing committees is the norm, most state legislatures do not have standing committees. The only examination of a bill, if any, happens on the floor of the House. And if data from the Delhi assembly is anything to go by, the average debate on a bill before is passed is a little over half hour. There are any number of instances where bills are introduced and passed in state assemblies on the same day -so there is not even a pretence of the need for MLAs to read, understand and deliberate on the provisions of legislation they are supposedly passing. MLAs are often far more narrowly constituency-focused than MPs are. On average, MLAs have lower education levels than members of Parliament. There is no formal definition of a role of an MLA, and they mostly have no exposure to ideas such as the separation of powers between the executive and the legislature. In one particularly revealing conversation with an MLA, he said, "At the time of elections, each of the contestants represents his party. But after the elections, the chiefministerbecomestheleader of all MLAs in the House. If an MLAneedssomeadditionalprojects/ favours for his constituency he needs to be in the good books of the chief minister and his cabinet ministers. So where is the question of taking on the chief minister on the floor of the House on any issue?" There are many aspects of state legislatures that point to a steady and visible decline of these important institutions. But beyond the frequent highlighting of theatrics by some MLAs, there is almost no public discourse on this issue. It is necessary to ensure that the legislatures run smoothly, and the speaker, as first among equals, has the biggest responsibility to ensure this. If there are rules and everyone knows that those rules will never be used to enforce discipline, then the rules will be broken, and repeatedly so. This practice needs to be urgently reviewed. The larger question is whether our legislatures are the highest deliberating and policymaking bodies or whether they are being reduced to platforms for political theatrics. Policy can almost never be devoid of politics and public posturing. But if this means poor deliberation of critical policy issues and the woefully inadequate functioning of our legislatures, then we may need to come up with creative ways in which this problem can be addressed. This article appeared in the Indian Express on December 20, 2010.

Recently, Delhi witnessed large scale protests by various groups demanding stricter punishment and speedier trial in cases of sexual assault against women.  In light of the protests, the central government has constituted a Commission (headed by Justice Verma) to suggest possible amendments in the criminal law to ensure speedier disposal of cases relating to sexual assault.  Though the Supreme Court, in 1986, had recognised speedy trial to be a fundamental right, India continues to have a high number of pending cases. In 2012, the net pendency in High Courts and subordinate courts decreased by over 6 lakh cases. However, there is still a substantial backlog of cases across various courts in the country.  As per the latest information given by the Ministry of Law and Justice, there are 43.2 lakh cases pending in the High Courts and 2.69 crore cases pending in the district courts.[1]

After the recent gang-rape of a 23 year old girl, the Delhi High Court directed the state government to establish five Fast Track Courts (FTCs) for the expeditious adjudication of cases relating to sexual assault.   According to a news report, other states such as Maharashtra and Tamil Nadu have also begun the process of establishing FTCs for rape cases.  In this blog, we look at the status of pending cases in various courts in the country, the number of vacancies of judges and the status of FTCs in the country. Vacancies in the High Courts and the Subordinate Courts One of the reasons for the long delay in the disposal of cases is the high number of vacancies in position for judges in the High Courts and the District Courts of the country.  As of December 1, 2012, the working strength of the High Court judges was 613 as against the sanctioned strength of 895 judges.  This reflects a 32% vacancy of judges across various High Courts in the country.  The highest number of vacancies is in the Allahabad High Court with a working strength of 86 judges against the sanctioned strength of 160 judges (i.e. vacancy of 74 judges).   The situation is not much better at the subordinate level.  As on September 30, 2011, the sanctioned strength of judges at the subordinate level was 18,123 judges as against a working strength of 14,287 judges (i.e. 21% vacancy).  The highest vacancy is in Gujarat with 794 vacancies of judges, followed by Bihar with 690 vacancies. Fast Track Courts The 11th Finance Commission had recommended a scheme for the establishment of 1734 FTCs for the expeditious disposal of cases pending in the lower courts.  In this regard, the Commission had allocated Rs 500 crore.   FTCs were to be established by the state governments in consultation with the respective High Courts.  An average of five FTCs were to be established in each district of the country.  The judges for these FTCs were appointed on an adhoc basis.  The judges were selected by the High Courts of the respective states.  There are primarily three sources of recruitment.  First, by promoting members from amongst the eligible judicial officers; second, by appointing retired High Court judges and third, from amongst members of the Bar of the respective state. FTCs were initially established for a period of five years (2000-2005).  However, in 2005, the Supreme Court[2] directed the central government to continue with the FTC scheme, which was extended until 2010-2011.  The government discontinued the FTC scheme in March 2011.  Though the central government stopped giving financial assistance to the states for establishing FTCs, the state governments could establish FTCs from their own funds.  The decision of the central government not to finance the FTCs beyond 2011 was challenged in the Supreme Court.  In 2012, the Court upheld the decision of the central government.[3]  It held that the state governments have the liberty to decide whether they want to continue with the scheme or not.  However, if they decide to continue then the FTCs have to be made a permanent feature. As of September 3, 2012, some states such as Arunachal Pradesh, Assam, Maharashtra, Tamil Nadu and Kerala decided to continue with the FTC scheme.  However, some states such as Haryana and Chhattisgarh decided to discontinue it. Other states such as Delhi and Karnataka have decided to continue the FTC scheme only till 2013.[4]

Table 1: Number of Fast Track Courts and the pending cases in FTCs                     (As on March 31, 2011)

State No of FTC No of cases transferred until March 31, 2011 Pending cases
Arunachal Pradesh 3 4,162 2,502
Bihar` 179 2,39,278 80,173
Assam 20 72,191 16,380
West Bengal 109 1,46,083 32,180
Goa 5 5,096 1,079
Punjab 15 58,570 12,223
Jharkhand 38 1,10,027 22,238
Gujarat 61 5,37.636 1,03,340
Chattisgarh 25 9,4670 18,095
Meghalaya 3 1,031 188
Rajasthan 83 1,49,447 26,423
Himachal Pradesh 9 40,126 6,699
Karnataka 87 2,18,402 34,335
Andhra Pradesh 108 2,36,928 36,975
Nagaland 2 845 129
Kerala 38 1,09,160 13,793
Mizoram 3 18,68 233
Haryana 6 38,359 4,769
Madhya Pradesh 84 3,60,602 43,239
UP 153 4,64,775 53,117
Maharashtra 51 4,23,518 41,899
Tamil Nadu 49 4,11,957 40,621
Uttarakhand 20 98,797 9006
Orissa 35 66,199 5,758
Manipur 2 3,059 198
Tripura 3 5,812 221
Total 1192 3898598 6,05,813

Sources:  Lok Sabha Unstarred Question No.498, March 3, 2012; PRS

 


[1].  Rajya Sabha Starred Question no 231 dated December 10, 2012.

[2].  Brij Mohan Lal v Union of India (2005) 3 SCR 103.

[3].  Brij Mohan Lal v Union of India (2012) 6 SCC 502. [4].  Rajya Sabha Unstarred Question no 2388 dated September 3, 2012.