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<ul><li>Ability to enforce contracts and resolve disputes indicated as single biggest constraint in achieving higher ease of doing business ranking. </li><li>Indian courts’ working days hamper economy with Apex court working 190 days a year. 232 days for high courts and 244 days for subordinate courts. </li><li>India has over 3.5 crore pending cases with 87.54% cases pending in high courts and lower courts. </li><li>Better management, increase in working days, and use of high end technology sighted as possible measures for improvement. </li></ul>India’s Supreme Court works 190 days in all every year, while the number is 232 for High Courts and 244 for lower courts-- thanks to the British-era practice of taking long vacations and an inordinate number of holidays. In 2019, when the country has over 3.5 crore pending cases, it is time to overhaul judicial practices. That’s a common view now echoed by the latest economic survey authored by the Chief Economic Advisor K Subramanian, which was presented in the Parliament today. Making matters worse is the 2,279 vacant positions for judges in lower courts. The report indicated that India’s biggest constraint in moving up the rankings in ease of doing business is the inability of businesses to enforce contracts and slow resolution of pending disputes at the courts. Uttar Pradesh, Bihar, Odisha, and West Bengal are the worst in terms of pendency while Punjab and Delhi have the best case clearance rates among Indian states. A separate judicial service In this regard, the report proposed the creation of a specialized service for the Indian judiciary, named the <keyword id="7829780" type="UNKNOWN" weightage="20" keywordseo="indian-courts-and-tribunal-services">Indian Courts and Tribunal Services</keyword> (ICTS) that would specially be assigned the administration aspects of the legal system in the country. The recommendation is much in the lines of the Her Majesty’s Court and Tribunals Services in the UK, the Administrative Office of the US Courts, and the Court Administration Service in Canada. “Major problem lies with the quality of the administration of the courts system,” Subramanian’s survey said, which also recommended use of technology to improve courts’ efficiency.

Indian courts with their vacancies and long vacations are a big hurdle to ease of doing business, says India’s economic survey 2019

The <keyword id="6354977" type="General" weightage="50" keywordseo="supreme-court" source="Orion">Supreme Court</keyword> on Thursday issued a slew of directions for speedy disposal of criminal cases against Members of Parliament and Members of Legislative Assembly (MPs/MLAs) and asked High Courts to register a Suo Motu case for effective monitoring and speedy disposal of such cases. A bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra said it was difficult for it to form a uniform guideline for trial courts across the country relating to speedy disposal of <keyword id="16453350" type="General" weightage="40" keywordseo="cases-against-mps" source="Orion">cases against MPs</keyword> and MLAs. The top court left it to the high courts to evolve such measures for effective monitoring of such cases. The bench directed that High Court Chief Justices shall register a suo motu case titled "In Re Designated Courts for MPs and MLAs" to monitor the early disposal of pending criminal cases against lawmakers. It directed that the suo motu case be heard by a special bench headed by the Chief Justice or a bench assigned by him or her. It was further directed that the Special Bench of the High Court may list the matter at regular intervals as felt necessary. The top court said the High Court may issue such orders and directions as necessary for expeditious and effective disposal of the cases. The bench further ordered that the Special Bench of the High Court may consider taking the assistance of the Advocate General or prosecutor to assist it. The apex court also directed that cases against MPs and MLAs that are punishable by death should be prioritised over other cases. Then cases punishable with imprisonment for five years or more will be given priority. It further said that the cases would not be adjourned by the trial court except for rare and compelling reasons. The top court said that the High Court may require a Principal District and Sessions judge to bear the responsibility of allocating the subject cases to such courts. The High Court may call upon the Principal District and Sessions judge to send reports on such intervals, it added. The concerned principal and session judge should ensure sufficient infrastructural facilities are available for the trial of such cases, as directed by the top court. The directions of the top court came on a PIL filed by advocate Ashwini Upadhyay seeking speedy disposal of criminal cases pending against MPs and MLAs. Earlier, the Enforcement Directorate (ED) filed a status report stating that there are 51 MPs and 71 MLAs, sitting and former, who stand accused by the agency of offence under the Prevention of Money Laundering Act (PMLA). The report did not specify exactly how many of those are sitting MPs or MLAs and how many are former MPs or MLAs. The Central Bureau of Investigation (CBI) had also submitted a similar report stating that a total of 121 cases are pending trial against sitting and former MPs and MLAs. The number of MPs involved in those cases is 51, out of which 14 are sitting, 37 are former and 5 are deceased. The report further stated that 112 MLAs are involved in CBI cases, out of which 34 are sitting, 78 are former and 9 are deceased. The number of cases pending investigation against MPs and MLAs by the CBI is 37, according to the report the CBI submitted. Senior advocate Vijay Hansari, who was assisting the apex court in the case as amicus curiae, had highlighted a "glaring case of inordinate delay" in the trial of cases against lawmakers, submitting that many cases were pending for over five years. The apex court had sought a status report from Hansaria relating to the pendency and grant of sanctions for prosecution, the expected time for completion of the investigation and reasons for delay in the same. Hansaria had sought directions to ensure that courts dealing with cases against lawmakers should exclusively try such issues. The plea sought speedy disposal of cases against them and pointed out that while judges and babus were suspended for such activities, politicians were condoned by the law. As of now, convicted politicians have been banned from the polls for six years.

SC issues directions to HCs for speedy disposal of criminal cases against MPs, MLAs

<ul><li>As many as 28 million cases are pending across 27 states and UTs , with 24% of them pending for over 5 years. </li><li>While Indian youth is struggling to find a decent job, the country’s judicial system lacks human resources. </li><li>It has one of the lowest police to population ratios in the world, with 1,511 police persons for every 100,000 population. </li><li>Not a single high court or lower court in India had all its judicial posts filled </li></ul>India judiciary system is extremely slow and erratic denying justice to millions of people. As many as 28 million cases are pending across 27 states and Union Territories, with nearly a quarter of them pending for over 5 years. One in every four cases is pending for more than 5 years in Bihar, Uttar, Pradesh, West Bengal, Odisha, Gujarat, Meghalaya and Andaman and Nicobar Islands. Further, 2.3 million cases pending for over a decade, said the India Justice Report 2019. There are several reasons for judicial pendencies ranging for large number unfilled vacancies, a long judicial process, a fast growing population and insufficient budget. 25% of the jobs in judicial system were vacant in 2016-17 With unemployment rate at 8.5% (October 2019), according to CMIE, Indian youth is struggling to find a decent job. Yet, the country’s judicial system lacks human resources., India has one of the lowest police to population ratios in the world, with 1,511 police persons for every 100,000 population. <div type="javascript" title="Custom" contenttype="Video"><cdata><![CDATA[
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 “The national average of policemen on the ground is itself 42 persons short of the sanctioned strength which averages 193 for 100,000 population, “according to the report. The number of police force jobs at officer level left vacant in some of the states and UTs were critical. Further not a single high court or lower court in India had all its judicial posts filled. One in every four sanctioned High Court Judge position was left empty. The same is the case with subordinate courts. The figure of vacant posts lies from 52% in Mizoram to 4.5% in Maharashtra. 
 
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 “The data reveals a linkage between long-standing vacancies and the increase in case load—sometimes to a very high degree. Inevitably, this reduces the time and attention that can be spent on each case, stretches out the period litigants must wait for resolution, perpetuates case accumulation, and ensures inevitable delays well into the future,” said the report. See also: <a href="https://www.businessinsider.in/india/news/it-will-take-300-years-for-this-indian-states-police-force-to-bring-in-gender-diversity/articleshow/71970276.cms">It will take 300 years for this Indian state’s police force to bring in gender diversity</a>

A quarter of all jobs in India’s judicial system are vacant⁠— delaying 28 million pending cases

The <keyword id="6354977" type="General" weightage="20" keywordseo="supreme-court" source="Orion">Supreme Court</keyword> has been informed that cases pending against sitting and former MP/MLAs increased from 4,110 in December 2018 to 4,984 in December 2021. A report submitted by amicus curiae, senior advocate Vijay Hansaria said: "Some of these cases were pending for more than three decades. 2,324 cases were against sitting legislators, and 1,675 cases were against former legislators. In 1,991 cases, even charges were not framed. 264 cases were pending due to stay granted by the High Courts." The amicus filed the report in a case connected with the expeditious trial of MPs and MLAs. According to the report, which provided state-wise data on cases, Uttar Pradesh topped the list with 1,339 cases pending for final disposal as on December 1, 2021, whereas in December 2018, 992 cases were pending, and in October 2020, 1,374 cases were pending. Therefore, data reveals that only few cases were disposed of between October 2020 and December 1, 2021. As on December 4, 2018, UP disposed of 435 cases -- 364 by sessions court and 71 by magistrates. In Bihar, in December 2018, there were 304 cases pending, which rose to 557 in October 2020, and then 571 in December 2021. Out of 571 cases, 341 cases are pending before magistrate courts and 68 cases before sessions judges. The report, which was submitted in the top court on Thursday, added: "It is submitted that despite a series of directions by this Hon'ble Court and continuous monitoring, as many as 4,984 cases are pending out of which 1,899 cases are more than 5 years old. It may be noted that the total number of cases pending as on December 2018 were 4,110, and as on October 2020 were 4,859. Even after disposal of 2,775 cases after December 4, 2018, the cases against MPs/MLAs have increased from 4,122 to 4,984." In 2018, the apex court issued the directive to set up special courts to expedite trials of cases against MPs and MLAs and since then, it has issued many directions, including asking the Centre to set up a monitoring committee to examine reasons for delay of investigation in cases. Citing the volume of cases against the lawmakers, the report said: "This shows that more and more persons with criminal antecedents are occupying the seats in the Parliament and the State Legislative Assemblies. It is of utmost necessity that urgent and stringent steps are taken for expeditious disposal of pending criminal cases." The report added that the Centre hasn't provided any suggestions after the court's order in August last year regarding the setting up of a monitoring committee to evaluate the reasons for delay in investigation. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/business/ecommerce/news/aditya-birla-fashion-retail-d2c-unit-will-sell-ethnic-and-wedding-wear-from-top-designers/articleshow/89347587.cms">Birla has the best wedding suits stacked up and he wants them displayed on your phone</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/stock-market/news/textile-cigarette-metal-and-electric-batteries-sectors-stocks-up-budget-day/articleshow/89346157.cms">Textile, cigarette makers and others sector stocks that rallied since budget speech</a>

Nearly 5,000 cases pending against  politicians in Supreme Court; cases from UP tops the list

<ul><li><keyword id="2665691" type="PERSON" weightage="20" keywordseo="Niti-Aayog">Niti Aayog</keyword> is reportedly working on a proposal for a performance index of <keyword id="6391479" type="UNKNOWN" weightage="20" keywordseo="judges">judges</keyword>. </li><li>The think tank is developing a system to review the annual performance of judges across the country - from the <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> to the district courts. </li><li>The index will cover more than 17,000 judges and will be made public. </li><li>While the performance review proposal will likely be opposed by judges, Niti Aayog likely sees it as a way to make India’s courts operate with more efficiency.</li></ul>The Indian government’s policy think tank, Niti Aayog, is <a href="https://economictimes.indiatimes.com/news/politics-and-nation/niti-aayog-working-on-proposal-to-appraise-judges-performance-make-rankings-public/articleshow/69210175.cms?from=mdr">reportedly working </a>on a proposal for a performance index of judges. The think tank is developing a system to review the annual performance of judges across the country - from the Supreme Court to the district courts. The index will cover more than 17,000 judges. The rankings will also be made public, not only in the interest of transparency, but to motivate judges to perform better. The index will rank judges based on a number of indicators such as cost per case, pending caseload, duration of trials and clearance rate. The idea of a <a href="https://economictimes.indiatimes.com/news/economy/policy/niti-aayog-for-a-judicial-performance-index-to-check-pendency/articleshow/60277247.cms">“judicial performance index”</a> was first mooted by the think tank in August 2017, but for lower courts. At the time, it also suggested an online recruitment system for Indian courts. 
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 While the performance review proposal will likely be opposed by judges, Niti Aayog likely sees it as a way to make India’s courts operate with more efficiency. In December 2018, the think tank also proposed <a href="https://www.dailypioneer.com/2018/india/niti-aayog-for-all-india-test-to-select-judges-for-lower-courts.html">an all-India exam </a>to appoint judges for district courts. Indian courts have a huge backlog. There are currently <a href="https://njdg.ecourts.gov.in/njdgnew/?p=main/pend_dashboard">30.4 million</a> pending court cases in India, according to the National Judicial Data Grid, 73% of which are more than 1 year old. A study by India’s finance ministry reportedly estimated that it would <a href="https://economictimes.indiatimes.com/news/politics-and-nation/niti-aayog-working-on-proposal-to-appraise-judges-performance-make-rankings-public/articleshow/69210175.cms?from=mdr">take 324 years </a>to clear up the caseload at the current rate of completion. If the judges performance review is to become effective in making courts more efficient, it will have to be supplemented with better resources and infrastructure for the courts, Bishwajit Bhattacharyya, the former solicitor general, told <a href="https://economictimes.indiatimes.com/news/politics-and-nation/niti-aayog-working-on-proposal-to-appraise-judges-performance-make-rankings-public/articleshow/69210175.cms?from=mdr">ET</a>. There should also be a system of case disposal targets at the high courts and Supreme Courts, as is the case for lower courts, he added. SEE ALSO: <a href="https://www.businessinsider.in/miscellaneous/10-landmark-judgements-indias-supreme-court-passed-in-2018/slidelist/67254190.cms">10 landmark judgements India’s Supreme Court passed in 2018</a> <a href="https://www.businessinsider.in/the-indian-government-just-reduced-the-autonomy-of-the-regulator-that-makes-drugs-affordable/articleshow/67635790.cms">The Indian government just reduced the autonomy of the regulator that makes drugs affordable</a>

India’s public policy think tank is reportedly planning an index to rank the annual performance of judges

<ul><li>On 3 October, <keyword id="245445" type="PERSON" weightage="20" keywordseo="Ranjan-Gogoi">Ranjan Gogoi</keyword> was sworn in as the new <keyword id="45053" type="POSITION" weightage="20" keywordseo="Chief-Justice-of-India">Chief Justice of India</keyword>, replacing Dipak Misra in the process. </li><li>Gogoi has made it clear that his major priority is clearing up the extensive <keyword id="65954" type="PERSON" weightage="20" keywordseo="Backlog">backlog</keyword> of cases in the country’s courts and hastening the judicial process. </li><li>He has recommended a number of measures, such as prohibiting judges from taking work days off unless its a medical emergency and allocating a fixed portion of time during the week to long-pending criminal appeals. </li></ul>Earlier this month, on 3 October, <a href="https://www.businessinsider.in/here-are-5-things-you-should-know-about-ranjan-gogoi-the-new-chief-justice-of-india/articleshow/65806593.cms">Ranjan Gogoi </a>was sworn in as the new Chief Justice of India, replacing Dipak Misra in the process. Prior to his swearing in, Gogoi had made it clear that his major priority would be on clearing up the extensive backlog of cases in the country’s courts and hastening the judicial process, citing the example of civil cases which took decades to conclude. With only two weeks into his new role as India’s top judge, it seems that Gogoi has hit the ground running, as per a report in <a href="https://economictimes.indiatimes.com/news/politics-and-nation/cji-ranjan-gogoi-bets-on-traditional-ways-to-improve-justice-delivery-system/articleshow/66268730.cms">ET</a>. His first order of business is to make judges more accountable and spend more days in court. To prevent indiscipline and ensure that judges carry out their duties to the best of their abilities, Gogoi is in favour of formulating a more realistic punishment mechanism for judges. Currently, the only mechanism for addressing a judge’s lack of professionalism is impeachment, which is too extreme and political a step. Gogoi has also recommended that judges be prohibited from taking work days off unless its an medical emergency and advised them against using leave travel concession during the week. The move hearkens back to an earlier <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> tradition wherein judges refrained from taking leave during work days. According to the National Judicial Data Grid, there are around <a href="http://njdg.ecourts.gov.in/njdg_public/main.php">27.8 million cases</a> currently pending in India’s apex and high courts - over 8% of which that have been on the backburner for more than 10 years. As of October 2018, there were <a href="https://www.sci.gov.in/statistics">55,946 cases</a> pending in the Supreme Court, according to its website. To reduce the amount of criminal cases that have been pending for more than 10 years, Gogoi has implemented a measure to broaden the criminal appeals roster. As a result, on two days during the week, <a href="http://www.newindianexpress.com/nation/2018/oct/11/chief-justice-of-india-ranjan-gogoi-takes-steps-to-cut-pendency-1883941.html">the first 10 cases </a>heard by a select number of courts will be cases involving a petitioner that has been languishing in jail for longer than a decade. In addition, upon his swearing in, Gogoi also announced a plan to fill up more than 5,000 vacant positions at subordinate courts - where a bulk of the pending cases emanate from.

Here's how India's new top judge is trying to fix the judicial system

New Delhi, Mar 7 () With over 35 lakh cheque bounce cases pending in district courts, the Supreme Court has decided to evolve a "concerted" and "coordinated" mechanism for expeditious disposal of such cases.The apex court has registered a suo motu case (on its own) in this regard and sought responses from the Centre and other stakeholders, including the Reserve Bank of India.A bench of Chief Justice S A Bobde and Justice L N Rao, which passed the order while dealing with a plea related to dishonour of two cheques in January 2005, noted that a dispute of this nature has remained pending for 15 years in various courts and taken judicial time."Despite many changes brought through legislative amendments and various decisions of this court mandating speedy trial and disposal of these cases, the trial courts are filled with a large number of pendency of these cases," the bench said in its March 5 order."A recent study of the pending cases, reflects pendency of more than 35 lakh, which constitutes more than 15 percent of the total criminal cases pending in district courts. Further, there is a steady increase in the docket burden," the bench said.The top court has issued notices to the Centre, registrar general of all high courts, director general of police of all states and union territories, member secretary of the National Legal Services Authority, RBI and Indian Bank Association, Mumbai, and asked them to file their response on the issue."These are some indicative aspects in addition to what may come on board after hearing the relevant duty-holders. To work out mechanism for expeditious and just adjudication of cases relating to dishonour of cheques, fulfilling the mandate of law and reduce high pendency, various duty-holders like banks, police and legal services authorities may be required to take measures and prepare schemes," the bench said."Thus, we find it necessary to hear them for evolving a concerted, coordinated mechanism for expeditious adjudication of these cases as per the legal mandate," it said.The bench, which appointed senior lawyer Siddharth Luthra and advocate K Parameshwar as amicus curiae to assist it in the matter, has listed the case for hearing on April 16.The bench noted that dishonour of cheque was criminalised in 1988 and the legislative intent was to "ensure faith in the efficacy of banking operations and credibility in transacting business on cheques.""It was to provide a strong criminal remedy in order to deter the high incidence of dishonour of cheques and ensure compensation to the complainant," the bench said, adding, "Subsequent amendments in the Act (Negotiable Instrument Act) and the pronouncements of this court reflect that it was always perceived that these cases would be disposed speedily so as to preserve the object of criminalisation of the act."The bench noted that as per the legal mandate, endeavour must be made to conclude the trial in cheque bounce case within six months from the date of filing of complaint."One of the major factors for high pendency is delay in ensuring the presence of the accused before the court for trial. As per recent study, more than half of the pending cases, i.e. more than 18 lakh cases, are pending due to absence of accused," the bench said.It said a mechanism may be developed to ensure the presence of the accused even by way of coercive measure, if required, including attachment of property.It observed that banks, being an important stakeholders in cheque bounce cases, have the responsibility of providing requisite details and facilitate an expeditious trial."The Reserve Bank of India, being the regulatory body, may also evolve guidelines for banks to facilitate requisite information for the trial of these cases and such other matters as may be required. A separate software-based mechanism may be developed to track and ensure the service of process on the accused in cases relating to an offence under Section 138 of NI Act," it said."With ensuring the credibility of cheques, it is equally important that cheques are not allowed to be misused giving cause to frivolous litigation. The Reserve Bank of India may consider developing a new proforma of cheques so as to include the purpose of payment, along with other information mentioned above to facilitate adjudication of real issues," it said.The top court also said there is a need of developing a mechanism for pre-litigation settlement in cheque bounce cases and National Legal Services Authority may evolve a scheme for settlement of dispute at pre-litigation stage. ABA SJK ABHABH

SC to evolve mechanism for expeditious disposal of cheque bounce cases

<ul><li>India’s Supreme Court has given the government until January 15 to lay out the rules and regulations for social networking sites like Facebook and Twitter. </li><li>The Supreme Court has also pulled in petitions related to social networks that were pending with various high courts. </li><li>It has promised to resolve the pending cases by the end of January. </li></ul>Hate speech and fake news are extremely common across social media in India. To deal with this menace, Indian Supreme Court has asked the government to come out with new rules and regulations by 15 January 2020. The bench, headed by Justices Deepak Gupta and Aniruddha Bose, also directed all pending cases pertaining to social media filed with various high courts to be transferred to the Supreme Court. There are four petitions in the fray. Two filed with the Madras High Court, one with the Madhya Pradesh High Court and another with the Bombay High Court. The primary issue at the helm was the linking of Aadhaar cards with social networks and WhatsApp-- which is pending with the Madras High Court. The petition filed by Facebook argues that disclosure of Aadhaar details will infringe user privacy. The bench also clarified that India’s Information Technology Act allows the government to ask for decryption of data. At the same time, it does not allow the government to force intermediaries to decrypt the data. It added that while national interest is important, it must be balanced against privacy.

Facebook, Twitter, Instagram and WhatsApp will be regulated in India — come January 15

<ul><li>SEBI is planning to tag defaulters as 'difficult to recover' if it's virtually impossible for them to pay back their loan.</li><li>The tag will also be used for individuals found be 'untraceable' and with cases in multiple courts.</li><li>The proposal will be presented at SEBI's next board meeting in the coming week.</li></ul> Capital market regulator SEBI is planning to attach a 'difficult to recover' tag for individual defaulters who are found to be 'untraceable' as also for cases facing parallel proceedings by other agencies or in various courts and tribunals. The proposal, likely to be discussed at SEBI's board meeting next week, is aimed at better utilisation of resources towards cases with higher chances of recovery, a senior official said. This separate 'difficult to recover' category is for cases where recovery of penalties and other dues from defaulters proves to be virtually impossible and the amount involved is not found to be worth an attempt beyond a point. However, SEBI can initiate or continue its prosecution proceedings against the defaulters even after such a segregation and recovery procedure can be reopened in case there is any change in the prevailing parameters regarding the defaulter. The regulator is now considering a modification to its policy on 'difficult to recover' dues to include the criteria of 'untraceable' for individuals and 'parallel proceeding barring recovery', the official said. In case of individuals, the existing policy provides for this classification for a person who has died leaving behind no assets and those who are alive but have no attachable assets or have become insolvent. However, the income tax department rules for 'difficult to recover' cases has two more categories -- individuals who are untraceable and those who have left India. The official said that SEBI did not include these categories earlier as it did not have enough data with respect to the cases involving untraceable individuals, while the final category became redundant after promulgation of the Fugitive Economic Offenders Act. However, its analysis of pending recovery cases has now shown that many cases involving untraceable individual defaulters are fit for being declared 'difficult to recover'. In case of companies, this classification applies to those having gone into liquidation or insolvency proceedings or are defunct, as also entities whose directors, promoters, partners or representatives have no attachable assets. Regarding foreign companies, this category includes those having no presence, place of business, management, representative or attachable assets in India. The Securities and Exchange Board of India (SEBI) has got powers to recover money from various entities by way of passing orders for refund of money to investors, disgorgement of funds to be distributed to investors, and also collect fees and penalties levied by it. Since getting the recovery powers in 2013, SEBI has initiated recovery proceedings against a large number of defaulters, but it has experienced difficulties during the execution of these proceedings in certain cases. According to officials, difficulties mainly arise due to the defaulter being insolvent or financially unsound without having any attachable assets, or being a company whose assets or directors/ promoters are not traceable, as also individual defaulters being untraceable. In some cases, the dues remain unrecovered even after executing all modes of recovery. Earlier, SEBI norms did not provide for declaring any unrecovered dues as 'difficult to recover' and therefore all the proceedings used to remain in force along with other recoverable cases, thus hindering optimal utilisation of resources for cases with better chances of recovery, officials said. In 2018, SEBI had formulated this policy, after taking cues from the procedure followed by the income tax department, following extensive consultations with the Finance Ministry, the Reserve Bank of India and the Corporate Affairs Ministry, but it has always been made clear that it should not be seen as "scaling down or writing off" of the dues. Out of 2,500 recovery orders passed by SEBI so far, as many as 1,790 recovery certificates were pending (at end of November 2019). Out of these, 136 were found fit to be declared 'difficult to recover', though not a single case has been put in that category as yet because the final verification of the steps are being carried out by newly appointed recovery officers prior to any such categorisation. Out of the total 1,790 pending cases, the maximum number of 1,308 cases are pending at a stage after attachments of bank, demat and mutual fund accounts as the funds or securities available are not sufficient. Also, 301 of them are 'defunct' (17 per cent) and 254 have been found to be 'untraceable' (14 per cent). Besides, the 136 cases that are fit to be treated as 'difficult to recover', as many as 97 are 'untraceable' for reasons including of failure to serve demand notice despite best efforts, non-availability of demat or bank account details, non-existence of right address and even PAN details being unavailable. Besides, SEBI is also proposing a 'difficult to recover' tag for cases facing 'parallel proceedings' before various judicial and quasi-judicial fora such as National Company Law Tribunal, special courts, debt recovery tribunals, as also cases where stay on recovery has been granted by high courts or the supreme court, or where parallel attachment has been done by agencies like ED, Tax Department, EPFIO etc. Out of the total 1,790 pending recovery cases, SEBI found that parallel proceedings were pending in 90 cases with some facing multiple litigations. In cases where insolvency and bankruptcy proceedings have commenced, SEBI has no scope of recovery as the Insolvency and Bankruptcy Code prevails over the SEBI Act. See also: <a href="https://www.businessinsider.in/you-may-earn-up-to-1-crore-with-a-tip-off-on-insider-trading-sent-to-sebi-conditions-apply/articleshow/69729976.cms">You may earn up to ₹1 crore with a tip-off on insider trading sent to SEBI — conditions apply</a> <a href="https://www.businessinsider.in/india/news/indian-stock-market-regulator-wants-to-use-ai-to-curb-manipulation/articleshow/73570976.cms">Indian stock market regulator wants to use AI to curb manipulation</a> <a href="https://www.businessinsider.in/business/news/sebi-to-hire-independent-agencies-to-dispose-of-attached-assets/articleshow/73517907.cms">SEBI to hire independent agencies to dispose of attached assets</a>

SEBI wants to tag defaulters as "difficult to recover" where recovery is virtually impossible

<ul><li>The Supreme court in <keyword id="3658" type="LOCATION" weightage="20" keywordseo="India">India</keyword> has issued directives to political parties and candidates to give ‘wide publicity’ to any and all ongoing criminal allegations against them. </li><li>The court has also asked the parliament to bring in laws that allows for the removal of political leaders that are accused of committing ‘heinous and grievous’ crimes. </li><li>Earlier this year the central government had informed the supreme court that there were currently 3,045 pending cases against MPs and MLAs.</li></ul>India is in a precarious political situation where more than <a href="https://timesofindia.indiatimes.com/india/36-of-mps-mlas-facing-trial-in-3045-criminal-cases/articleshow/63261553.cms">one-third</a> of its members of parliament (MPs) and members of the legislative assembly (MLAs) are currently facing trial, according to the <keyword id="2954047" type="PERSON" weightage="20" keywordseo="NN-Vohra-Committee">NN Vohra Committee</keyword>. The <a href="https://www.thehindu.com/news/national/cant-bar-politicians-with-criminal-charges-from-contesting-elections-parliament-should-frame-laws-sc/article25035435.ece">supreme court has instructed</a> candidates and political parties to disclose any and all pending criminal cases pending against them to the Election Commission (EC) at the time of nomination. And, the five-judge constitution bench of the supreme court held that political parties are obligated to publish the information about their respective websites so that voters can make an informed decision when they’re choose the candidate to vote for. That being said, the supreme court also added that only candidates who have been convicted will be disqualified from participating in the elections, not ones who have only been accused. Ironically. But for those who have been accused of ‘heinous and grievous’ crimes, the supreme court has urged the parliament to form laws that would enable the removal of such political leaders. Leaving no stone unturned To ensure that political parties and candidates can’t exploit any loophole of the directive, the supreme court has specifically detailed that the submissions to the EC have to be in ‘block letters’. And, in addition to making the information available online, the supreme court has also said that the political party has to give ‘wide publicity’ to these facts through declarations in the newspapers as well as over electronic media. After nomination papers have been filed, candidates have to publicise their respective criminal records on television, not once, but thrice. Criminalisation of politics at entry-level The study <a href="https://economictimes.indiatimes.com/news/politics-and-nation/criminalisation-of-politics-felt-in-strongest-form-in-1993-mumbai-serial-blasts-supreme-court/articleshow/65949574.cms">conducted</a> by NN Vohra committee found that India’s intelligence agencies such as RAW, CBI and IB unanimously agreed that there was a criminal network running parallel to the government of India. And, with the EC having limited powers, there’s nothing it can do about candidates entering the political race when they’ve only been accused of a crime, but are yet to be convicted. On average, in the 10 years following 2004, the <keyword id="6368295" type="ORGANIZATION" weightage="20" keywordseo="law-commission">Law Commission</keyword> of India <a href="https://www.deccanherald.com/national/1-every-14-lawmaker-had-694524.html">reported</a> that 18% of the candidates in state and national elections have had pending criminal cases against them. Even back in 1990, the Goswami Committee on Electoral Reforms pointed out how money and muscle power were crippling the Indian electoral system. Ahead of the 2019 general elections, this may require parties to switch up their strategies since 1,765 MPs and MLAs of 4,896 are currently facing a criminal trial or the other. There are over 3,045 pending cases of crimes against women according to the an analysis done by the central government in collaboration with the Association for Democratic Reforms (ADR).

Supreme court pushes for strong laws to decriminalise politics in India

(Eds: Adds details) New Delhi, Feb 12 () Senior officials of the Union finance ministry and CBDT will hold a nationwide review on Thursday of the cases pending at various legal forums as part of launching a scheme announced in the budget to settle disputed tax cases between the Income Tax (IT) Department and taxpayers, officials said.The interaction via video-conferencing is expected to be chaired by Revenue Secretary A B Pandey, along with CBDT Chairman P C Mody, and they will talk to all the regional chiefs of the department in the country.Apart from analysing the pending cases, the meeting is expected to chalk out plans for an effective outreach and collection under the scheme, the officials said.The progress of revenue collection under the direct taxes category will also be reviewed during the meeting, they added.The Union cabinet also approved changes in the Vivad se Vishwas Bill, 2020 on Wednesday with a view to increase its scope to cover litigations pending in various debt recovery tribunals (DRTs).A similar review of the proposed scheme to look into the data on pendency of appeals in high courts and income tax appellate tribunals (ITATs) for the "Vivad se Vishwas" (from dispute to trust) scheme was undertaken on Wednesday by a CBDT member in-charge of the subject.Finance Minister Nirmala Sitharaman had proposed this direct tax dispute resolution scheme, which provides an opportunity to the taxpayers to pay their outstanding taxes and get a waiver of interest and penalty, in her budget speech on February 1.The scheme aims to settle and see the finalisation of 4.83 lakh direct-tax cases with revenue worth Rs 9.32 lakh crore locked up in them, pending at various appellate forums such as the commissioner (appeals), ITATs, high courts and the Supreme Court.Under the proposed scheme, the taxpayers willing to settle disputes shall be allowed a complete waiver of interest and penalty if they pay the entire amount of tax in dispute by March 31 this year, following which a 10 per cent additional disputed tax shall have to be paid over and above the tax liability.Further, where the tax arrears relate to disputed interest or penalty, only 25 per cent of the disputed penalty or interest shall have to be paid if the payment is made by March 31, beyond which the same shall be enhanced to 30 per cent.The scheme would remain open till June 30.The direct tax collection targets for fiscal 2019-20 ending March 31 have been revised by the government in the recent budget to Rs 11.80 lakh crore from the earlier Rs 13.35 lakh crore.The Central Board of Direct Taxes (CBDT) that frames policy for the tax department had collected Rs 7.40 lakh crore, as per figures recorded till early this month. NES RC

You Searched For "pending cases" and got 11 results

Indian courts with their vacancies and long vacations are a big hurdle to ease of doing business, says India’s economic survey 2019

BI India Bureau

SC issues directions to HCs for speedy disposal of criminal cases against MPs, MLAs

ANI

A quarter of all jobs in India’s judicial system are vacant⁠— delaying 28 million pending cases

Preeti Soni

Nearly 5,000 cases pending against politicians in Supreme Court; cases from UP tops the list

IANS

India’s public policy think tank is reportedly planning an index to rank the annual performance of judges

Dilsher Dhillon

Here's how India's new top judge is trying to fix the judicial system

Dilsher Dhillon

SC to evolve mechanism for expeditious disposal of cheque bounce cases

PTI

Facebook, Twitter, Instagram and WhatsApp will be regulated in India — come January 15

Prabhjote Gill

SEBI wants to tag defaulters as "difficult to recover" where recovery is virtually impossible

PTI

Supreme court pushes for strong laws to decriminalise politics in India

Prabhjote Gill

'Vivad se Vishwas' scheme: Finance ministry officials to hold national review meeting on Thursday

PTI

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