 Hello everyone, my name is Dr. Anand Kumar Sharma, I am ranked 62 CSE 2018. In this video we will be dealing about how to read the chapter 5 of economic survey and the details and integrities of that chapter. So you have a better understanding of that chapter and this is of the volume 1. So chapter is ending Matasya Nyaya, how to ramp up capacity in the lower judiciary. In this chapter they are basically telling about the reforms in the judiciary especially in the lower judiciary so that we have a sound rule of law and political economic and social justice based on the good judiciary which is efficient as well as well functioning clearing cases in a timely manner and delivering justice to all the sections of the society. So they start that we have improved a lot in ease of doing business, our rank India has been the biggest improver in world bank ranking. However our improvement in enforcing contracts is very meager that is only one rank and that is one of the biggest hindrance in our ease of doing business improvement and we can further improve our rank if we can improve our enforcing contracts and dispute resolution and for that we have to focus on our judicial system. So they mentions that there are around 3.53 crore cases pending across the judiciary, lower judiciary, higher court and supreme courts. The problem is very high also they mentioned about case clearance rate and the pendency that what are what is the impact of case clearance rate and what is the pendency and how they can be improved and how the judiciary system has a good impact on economic governance. So as they focus that there are 3.53 crore cases out of that 87.54 percent cases are pending in the district and the sessions court which means large section of the courts, large section of the cases are there in the district and the sessions court and if we are able to bring reform in this we will be able to improve our economic governance, social welfare ease of doing business and it has a multiplier effect on the potential gross GDP of the country and it was the economy of the country. So they also focus that pendency, pendency is the basically the of a case on a given is the time since the date of filing that since how long the case has been there in the court since it was filed. So they tend to give a statewide analysis that how the various states have performed and they what they have analyzed is the states like Odisha, UP, Bihar and West Bengal they have a higher pendency rates whereas some other states which are better performing. So what they have done is the states which have higher pendency rate have a poor performance indicators and development also. So what they are saying it is not just a coincidence that they are linked governance as well as the justice system. If you have a good governance system then the even the developmental indicators also are very good. So pendency rates are higher in the states which have poor development indicators also. So they are co-linked they are correlated whereas the other states which have a better which have less pendency cases the development indicators are better. So they have analyzed with the help of a graph here that how Odisha, Bihar, West Bengal have these states is whereas the Kerala, Delhi, Punjab which have low pendency case the developmental indicators are better in the bar column they have given about this. Similarly disposal time is the measured time between the filing and the date from which the case is final verdict is given this is mentioned about this. So they have this has a co-linkage in the state which have the pendency rate is high the disposal time is also going to be very high. So they have given a co-linkage between them that the disposal time and the pendency rate is also with the states which have higher pendency rates have a higher disposal time also. And similar examples have they have taken of Odisha, Bihar, West Bengal, UP at the other end is the Kerala, Delhi, Punjab which have a better case and now they have given a comparative analysis also comparative analysis on the basis of cases also that criminal cases takes much more disposal time than the civil cases. So basically they are saying that cases as the nature of case also decide the pendency rate and the disposal time of the case. So they have done the comparative analysis for that also. And now they are talking about the case clearance rule all these thing will be linked in the end we will summarize that all these are linked and I will tell you what is the utility of this. So the case clearance rate is the ratio of number of cases disposed of in a given year to the number of cases instituted basically in a year if suppose x number of cases are coming and y number of cases are disposed of. If the number of cases disposed of are less than the number of cases of coming then your pendency rate will increase. So they are talking about the case clearance rate or case clearance rate has been less than 100 of since it is less than 100 are disposal time is increasing and pendency in increasing. And then they have a comparative analysis with the European council. In Europe they have reached their case clearance rates above 100. So their pendency is decreasing their disposal time is decreasing. But on the other hand our case clearance rate is low less than 100. In some cases 86 some cases 90 percent similarly case clearance rate for civil cases is higher as comparative to the criminal cases. So in this manner they have talked about that how the comparative analysis and how what is the problem of the judicial system. The case clearance rate is high then disposal time is high and case clearance rate is less than 100. So this increases the problem. Now they talk about how can we clear this lock jam how can we clear it. So they are talking about on two aspect to clear this lock jam we have to talk about two things. One is the vacancy. The vacancies in the different courts may be supreme court high court and the district and session court. And the other aspect is they are talking about the productivity and efficiency. So at this time we need to increase both at our productivity and efficiency as well as the vacancy. But their key aspect is they are focusing if we even if we fill the vacancies we will be able to solve our problem. And with increasing our productivity and efficiency the problem will be in a much better position. So they have given a flow chart here that for each court for district and session court for high court and supreme court and eventually through a formula they have mentioned that if we add 2279 judges in lower courts 93 judges in high court and one judge in supreme court will be able to reduce our disposal time as well as the pendency and as well as our case clearance ratio will increase above 100. So first solution what they have given is to fill the vacancies ok. Now they have given one more time. Now what they have talked about how the vacancies should be filled. So what they have mentioned about as we discussed earlier that the criminal cases and civil cases they both have a different disposal and pendency rates as well as the case clearance rates. So what they are talking about we need to have a specialized system of having different judges for civil cases and criminal cases and to recruit them on the basis of specialization only rather than going for only the journalistic approach we have to go for specialized approach and we have to take more people for criminal cases rather than for the civil cases. And for example they have given this that in cases of civil matters our case clearance rate has been 107 or more than than 192 for motor vehicle cases, land reference cases. But for criminal cases the case clearance rate is very low and even the pendency the number of cases are more of criminal nature than of civil nature. So we have to focus on a specialized approach of having criminal judges for that purpose. So what they are talking about why it is necessary. The human development rule of law are correlated, they say the economists relate the rule of law with the developmental indicators and they have given examples where rule of law has been upheld the developmental indicators be it economic, social, political all are pretty good. So we can improve our development indicators if there is a rule of law if there is a better justice system. Now they another aspect now they talk about how to make them productive. So we have talked about the filling the vacancies and now they are talking about making Indian courts more productive that how can we increase the productivity of the courts. They have given focus on about increasing the number of working days. They mentions that higher courts are working less than even the government offices. But our lower courts are working fine. So we have to increase the working days of both especially of the higher courts, high court and the supreme court that can be done. Then they have mentioned about as we were talking about the specialized nature. So what they are talking about there is a lack of staff specifically the administrative support staff and for that they are talking about establishment of Indian courts and tribunal services to have a dedicated services which will act as a administrative support staff for the purpose of providing administrative support function needed by the judiciary, identify process inefficiency and advise the judiciary on legal reforms, implement the process engineering. So that needs to be done that this services, dedicated services need to be done to fill the administrative staff shortage which can support on these matters and provide expertise. And this ICTS is not a unique model, it has been there in UK, US, Canada all of the nations developed nation whichever better and more advanced legal system they have been following this model. So we need to replicate this model in our country also. Third solution they talk about is deployment of technology. They are mentioning about national judicial data grid where there will be a collection of all the cases online platform. Everyone can track the cases which is going, which case is coming, where at which state is there, what are the recordings and all these and also it talks about use of artificial intelligence that how can we use artificial intelligence in our justice delivery system because that is the future, artificial intelligence is the future. So how can we use artificial intelligence in our justice delivery system to provide the justice and social and economic justice as enshrined in our constitution. Government has already taken measures like e-codes mission mode, they have mentioned about this project. So the government is already utilizing that e-project mission mode. So we need to replicate such more models to make our judiciary more productive. In this way we will summarize the whole chapter in 4-5 lines so that you have a better idea. What we talked about is our ease of doing business has improved but delayed enforcement contract and dispute resolution is a single biggest hurdle and that is also impacting our GDP growth. 87.5% cases are pending in lower courts and therefore this segment must be the focus of reform. And similarly we talked about that there are pendency then we have disposal rate, case clearance rate. We have a variation in that and these can be improved by 2 ways by filling up the vacancies. Vacancies need to be filled up in a specialized manner also and also improving the productivity. Productivity can be done by increasing number of working days, use of formation of ICTS, use of technology and in this manner this will improve our legal system which will have impact on our political, economic, social development. And we have examples of states which have a better legal system, lowest pendency rates, they have a better economic indicators also and on the other hand poor states have poor justice system also. So there is a linkage between them. This chapter does summarize the problem of the lower judiciary and gives some solutions to it. So this is all about the chapter of Mathas Senyayi. As you all know what is Mathas Senyayi, when there is injustice the bigger fishes eats the smaller fishes. So there is no justice for that. So that is all Mathas Senyayi need ending we have to end the Mathas Senyayi and bring a uniform system where there is a equality for all as enshrined in our constitution. Thank you. Subscribe to our channel and click on the bell icon to get latest updates on upcoming videos.