Fast Track Court
What is a Fast Track Court?
Fast track courts (FTCs) are courts set up for expeditiously disposing of cases pending in lower courts.[1] The aim of Fast Track Courts has been to “expeditiously clear the large scale of pendency in the district and subordinate Courts under a time-bound programme" and by taking up on top priority basis sessions and other cases involving undertrials that have been pending for two years or more, particularly in which the accused persons had been on bail. These courts were established for the speedy trial of specific cases of a heinous nature, civil cases related to women, children, senior citizens, disabled persons, persons infected with terminal ailments etc. and property-related cases pending for more than 5 years.
Setting up of Fast Track Courts (FTCs) and its functioning lies within the domain of State Governments in consultation with the respective High Courts. Judges would be appointed by High Courts on an ad hoc basis from among retired sessions/additional sessions judges, judges promoted on an ad hoc basis and posted in these courts or from among members of the Bar.
Fast Track Court is different from Fast Track Special Court which are established under a centrally sponsored scheme by the Department of Justice which commenced in 2019 and aimed to set up 1023 FTSCs across the country out of which 389 FTSCs will exclusively handle Protection of Children from Sexual Offences Act (POCSO) cases.
Historical Evolution of Fast Track Courts
FTCs as we know them now were set up following the recommendations of the 14th Finance Commission and have been operational since 2014.[2] In the 15th Finance Commission Report, Rs 10,425 crore was recommended for FTCs for speedier justice delivery in cases of heinous crimes, civil cases related to women, children, senior citizens, HIV/AIDS and property-related cases pending for more than 5 years as well as special fast-track courts for POCSO cases. They projected that 2,530 fast track courts may be started and maintained for five years while giving preference to FTCs for POCSO cases.[3] As of July 2023, 855 fast track courts have been set up across the country.[4]
Fast track courts were initially set up under the recommendations of the 11th Finance Commission in 2000 with a scheme period of 5 years and a sanction of 502.90 crore rupees from the Ministry of Finance. The scheme was further extended from 2005 to 2010 with a provision of 509 crore rupees. Central funding was discontinued by 2011, and states were given the liberty to continue or discontinue the scheme.[5]
The constitutionality of FTCs was challenged in 2002 in the case of Brij Mohan Lal v Union of India and others[6]. The constitutionality of FTCs was upheld and guidelines were laid down for their efficient functioning and monitoring.[7]
Appearance in official databases
Department of Justice Dashboard
The Department of Justice has an interactive dashboard which gives state wise information on the number of fast track courts functional, number of cases disposed of and the number of cases pending.[8]
Lok Sabha Questions
The details of Functional FTCs, disposal and pendency statistics of Fast Track Courts (FTCs) were provided as part of unstarred question no. 351 for 21/07/2023
Research that engages with
Opinions on Fast Track Courts
G S Bajpai and Smrithi K P, ‘Slow Fast Track Courts’
The article looks at how the term ‘fast track is a misnomer since the way the courts have been functioning has slowed down the decision making process and other crucial difficulties in the effective functioning of the courts.[9]
Vijdan Mohammad Kawoosa in ‘Trials in fast-track courts lasts longer than regular ones: Data’
This article analyses NCRB data to uncover how trials in fast track courts are taking longer than those in regular courts.[10]
Poorvi Gupta, ‘Fast Track Courts doing more harm than good: Experts’
The article looks at how FTCs exert extra pressure over all courts and how the solution lies in improving infrastructure, increasing financial investment and better appointment of judges.[11]
Prachi Salve, ‘What's Slowing Down India's Fast-Track Courts.’
This article provides a comprehensive history of the functioning of fast track courts in India and discusses the main challenges in its upkeep.[12]
References
- ↑ Pallavi, "An overview of fast track courts". available at:https://prsindia.org/theprsblog/an-overview-of-fast-track-courts?page=4&per-page=1
- ↑ Department of Justice, "Fast Track Courts". available at:https://doj.gov.in/fast-track-courts/
- ↑ Fifteenth Finance Commission, "Finance Commission in Covid Times, Report for 2021-26" (October 2020). available at: https://fincomindia.nic.in/writereaddata/html_en_files/fincom15/Reports/XVFC%20Complete_Report.pdf
- ↑ Department of Justice, "Fast Track Courts". available at:https://doj.gov.in/fast-track-courts/
- ↑ Department of Justice, Government of UP, "Fast Track Courts". available at: http://nyay.upsdc.gov.in/FastTrackCourts.aspx PIB, Fast Track Courts. available at: https://pib.gov.in/newsite/PrintRelease.aspx?relid=74731
- ↑ Brij Mohan Lal v Union of India, available at: https://main.sci.gov.in/pdf/SupremeCourtReport/2012_v5_pii.pdf
- ↑ PIB, "Supreme Court ruling on Fast Track Courts" (2002) available at: https://archive.pib.gov.in/archive/releases98/lyr2002/raug2002/05082002/r050820023.html
- ↑ Department of Justice, Fast Track Court Dashboard. available at:https://dashboard.doj.gov.in/fast-track-court/
- ↑ G S Bajpai and Smrithi K P, "Slow Fast Track Courts" (Deccan Herald 2019). available at:https://www.deccanherald.com/opinion/slow-fast-track-courts-730501.html
- ↑ Vijdan Mohammad Kawoosa in ‘Trials in fast-track courts last longer than regular ones: Data’ (Hindustan Times 2020). available at: https://www.hindustantimes.com/india-news/trials-in-fast-track-courts-last-longer-than-regular-ones-data/story-dB87FaFdowfcv1rD4HN10I.html
- ↑ Poorvi Gupta, ‘Fast Track Courts doing more harm than good: Experts’ (Shethepeople 2018). available at: https://www.shethepeople.tv/news/fast-track-courts-harm-good-experts/
- ↑ Prachi Salve, "What's Slowing Down India's Fast-Track Courts." (IndiaSpend 2020). available at: https://www.indiaspend.com/police-judicial-reforms/whats-slowing-down-indias-fast-track-courts-700397
