Trivendra Project

8/19/2019 Trivendra Project

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FAST TACK COURT : A CRITIQUE

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

PROJECT

ON

fast track court : a critique

SUMITTED Y: SUMITTED TO:

TRIVENDRA KUMAR SINGH Mr. MANWENDRA KUMAR TIWARI

ROLL NO: 152 FACULTY OF LAW

SECTION ‘B DR. RAM MANOHAR LOHIYA

B.A. LLB !H"#$.%& SEMESTER IV NATIONAL LAW UNIVERSITY

SI!NATURE O" STUDENT SI!NATURE O"

#RO"ESSOR

ABSTRACT

The term ‘justice’ must encompass a specific ideology, an ideology that it shall not

differ on any ground but recent developments in the methodology, the theory of justice has


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undergone a change from being an objective to a subjective term. The concept of rule of law

states that “Be you ever so high, the law shall always be above you” but it is also essential

that for law to do its job, it shall be initiated in the proper fashion. This is where the theory of

‘access to justice’ comes into play. This concept enumerates the idea that path to justice must

be accessible by people belonging to all sections of the society and under no circumstances it

shall be denied to a person who is rightfully entitled to it.

Taking into consideration the dismal situation of the India Courts with regard to

speedy delivery of justice the Government of India has taken several steps in the path of

judicial reforms. The concept of Fast Track Court is one such step to provide speedy justice

to the victims. But recent developments have portrayed that fast track courts are on the verge

of losing its efficiency due to various internal and e!ternal factors, raising concerns amongst

the legal fraternity to address this issue immediately.

This particular paper lays down a complete analysis of the emergence of fast track

courts in India and their role in promotion of efficiency of justice in the Indian "egal #ystem

and how this particular idea is still being compromised based on irrelevant considerations.

This $esearch %aper thus seeks to address new routes to promote the concept of ‘Fast Track

Courts’ as an effective tool for providing ‘access to justice’ and to protect the same.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

INDEX

%'G( )*.


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I. I)T$*+CTI*)........................................................................................ -.

'. Brief *verview of 'ccess to ustice in India.......................................... -.

B. /istory of 0ast Track Courts in India...................................................... 1.

II. C*)T(2%*$'$3 C/'""()(G(# T* 0'#T T$'C4 C*$T#

I) I)+I'....................................................................................................... 5.

'.0)+I)G.................................................................................................. 5.

B. +ICI'" %$*C(+$(......................................................................... 6.

C. 2I#C(""')(*#................................................................................... 78.

III. )(CC(##IT3 *0 0'#T T$'C4 C*$T# I) I)+I'................................ 77.

'. %()+()C3 *0 C'#(#............................................................................ 77.

B. $IG/T T* #%((+3 T$I'" ..................................................................... 79.

C. $(C*22()+'TI*)# ')+ #*"TI*)#........................................... 7:.

I;. C*)C"#I*)................................................................................................. 71.

;. BIB"I*G$'%/3............................................................................................. 7


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I . INTRODUCTION

A. Brief *verview of 'ccess to ustice in India

The concept of “Access to Justice” has undergone dynamic changes since its inception.

'long with the wide ranged talks on poverty, “Access to Justice” has also gained a

significant platform when it comes to discussion on contemporary issues and challenges

faced by the people of this )ation. India today is a fast developing economy but we are still a

country with millions starving and where even fulfilling the basic necessities is still an issue.

The Constitution of India does not guarantee only mere political justice to its citi=ens but also

social and economic justice, creating interdependence. If the ustinians Corpus uris Civilis

definition of justice is taken into consideration it states that “Justice is constant an

!er!etual will to rener to everyone that to which he is entitle”, thus a broader view of this

statement shall mean that the rights guaranteed to a person are itself inherent in the notion of

justice.

ustice defined in the terms of rights would thus include the ability of a person to

approach the appropriate authority for effectively claiming the enforcement of their rights and

“Access to Justice” as the sum total of all those rights and remedies which area available to a

person through which he can seek enforcement of his>her rights. The role of judiciary has

always been to make the concept of justice real for the people at large and it needs to

continue to do so in the true sense and spirit for those consumers of justice who have been

constantly deprived of it.

The Constitution of India has a progressive set of +irective %rinciple of #tate %olicy

which is influenced in part by the niversal +eclaration of /uman $ights.7The framers of the

Indian Constitution had the perception of encompassing a progressive range of economic,

social, legal and political ambitions while setting forth the +irective %rinciples of #tate

%olicy. Besides incorporating socio?economic rights in the +irective %rinciples, India has also

acceded to the International Covenant on (conomic, #ocial and Cultural $ights

@AIC(#C$,9 which makes the progressive realisation of social?economic rights compulsory.

1

$'(#/ 42'$, )I;($#'"# GI+( T* T/( C*)#TITTI*) *0 I)+I' 1D @9877E 2.$. BI,/2') $IG/T# I) ' +(;("*%I)G #*CI(T3


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The central Fuestion that needs to be visited in this regard is the law?society discourse in

India, to the e!tent of which Indian judges can and should play a greater role in securing the

rights of the people in need. The reason behind this is because those who are socio?

economically disadvantaged receive very less support from the local elected representatives

and civil servants and therefore the role of the judges and the judiciary as a whole is of

utmost importance in order to protect the rights of these people.

' prominent factor which also restricts an individuals right to access to justice is the

clients unfamiliarity with the legal procedure which leads to loss of enormous amount of

time of the lawyers who has to educate them about what can and cannot be done through

litigation. "egal 'id of minimum standard is provided at the bar or the state and thus it

becomes the duty of many judges to fill the role of the educator, representative and

adjudicator for the poor. Inspite so, the adjudicators in the specialised forums often lack

adeFuate training in the areas of labour, consumer protection, land, and social security.-

The civil justice arena of the Indian legal system also highlights a continued failure on the

part of the courts to provide remedies to the aggrieved parties in a timely manner.:The

framers of the Indian Constitution while framing the Indian Constitution in the late 7D:8s, the

assembly members, when drafting Article "#, discussed due process, the right to life and

other issues.1 But the concept of speedy trial was not e!plicitly included in the Constitutional

te!t. It was only in 7D5D that the #upreme Court had included that a speedy trial was a

fundamental constitutional right.


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the same for arbitration, conciliation, mediation or judicial settlement. 'lternate +ispute

$esolution or '+$ can provide relatively fast and ine!pensive resolution of some disputes,

freFuently disposing of cases involving land disputes, petty criminal charges, and divorce in

less than a year.5 In part, this is because the parties appear !ro se, relying on the judges who

free from common delay tactics are incentivi=ed to e!peditiously move cases forward.6 The

absence of lawyers also gives the judges more opportunity to interact with the litigants.

#ometimes specialised court judges arrive at decisions much faster when they have become

specialist in that particular field of law that their tribunal is designed to oversee.D

B. /istory of 0ast?Track Courts in India

0ast Track Courts were set in the first instance by the Central Government in order to

dispose off cases which were long pending cases which mostly comprised of session court

cases. The 77th 0inance Commission sanctioned budget for creation of 0ast Track Courts in

India. It created a scheme for the creation of 75-: 0ast Track courts in the country. 78 The

2inistry of 0inance sanctioned an amount of $s. 189.D8 crores as “s!ecial !roble. an

u!graation grant” for judicial administration. The term of this grant came to an end in

9881, and was renewed by the 0inance Commission for the maintenance of 7,178>71,

httpH>>www.legalserviceindia.com>article>l9D5?$ight?To?#peedy?Trial.html. + '3)' 4*T/'$I '%'$)' $';I, T26 47T2 8F *$667 A9 *:B*TA9T-;6 J:*T-C6 5 @9871,

httpH>>clpr.org.in>wp?content>uploads>9871>80ast?Track?Courts?$eport?0inal.pdf ., -)1- 2I)I#T$3 *0 "' ')+ #TIC(, +(%'$T2()T *0 #TIC(, B$I(0 )*T( *) T/( #C/(2( *0

0'#T T$'C4 C*$T# @9887, httpH>>pib.nic.in>feature>feyr9887>fmay9887>f878198879.html .11 -)12 "' C*22I##I*) *0 I)+I', %$*%*#'" 0*$ #(TTI)G % *0 /IG/?T(C/ 0'#T?T$'C4

C*22($CI'" +I;I#I*)# I) /IG/ C*$T,@+(C(2B($, 988-

httpH>>lawcommissionofindia.nic.in>reports>766thL98report.pdf .1' "' C*22I##I*) *0 I)+I', 0'#T T$'C4 2'GI#T($I'" C*$T# 0*$ +I#/*)*$(+

C/(M( C'#(# @)*;(2B($, 9886,httpH>>lawcommissionofindia.nic.in>reports>report97-.pdf .

http://www.legalserviceindia.com/article/l297-Right-To-Speedy-Trial.htmlhttp://www.legalserviceindia.com/article/l297-Right-To-Speedy-Trial.htmlhttp://clpr.org.in/wp-content/uploads/2015/06/Fast-Track-Courts-Report-Final.pdfhttp://pib.nic.in/feature/feyr2001/fmay2001/f010520012.htmlhttp://pib.nic.in/feature/feyr2001/fmay2001/f010520012.htmlhttp://pib.nic.in/feature/feyr2001/fmay2001/f010520012.htmlhttp://lawcommissionofindia.nic.in/reports/188th%20report.pdfhttp://lawcommissionofindia.nic.in/reports/report213.pdfhttp://www.legalserviceindia.com/article/l297-Right-To-Speedy-Trial.htmlhttp://clpr.org.in/wp-content/uploads/2015/06/Fast-Track-Courts-Report-Final.pdfhttp://pib.nic.in/feature/feyr2001/fmay2001/f010520012.htmlhttp://lawcommissionofindia.nic.in/reports/188th%20report.pdfhttp://lawcommissionofindia.nic.in/reports/report213.pdf


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which most of them were wound up. It is also interesting to note here that these 0TCs were

set up in an ad?hoc manner and lacked legislative backing. 7: hen the Central Government

decided to stop its funding for the fast track courts, it was challenged in the case of Brij

4ohan 0al v) :nion o+ -nia#additional

session judges, judges promoted on an ad?hoc basis and posted in these courts or from among

members of the Bar. The selection of the judges would be done by /igh Courts. The scheme

also envisaged setting up of an average of five fast track courts in each district of the

country.98

1( Brij 4ohan 0al v) :nion o+ -nia 8rs @9879 1 #.C.$. -81.15 @9879 1 #.C.$. -81.1) -)1* ayanth 4. 4rishnan, ra!!ling at the rassroots/ Access to Justice in -nias 0ower Tier, 95 /'$;'$+

/2') $IG/T# ". 71:.1+ "ok #abha nstarred Muestion )o. 76-5, answered on 87.79.9877.1,

+$. $'2(#/ 42'$, #C/(2( *0 0'#T T$'C4 C*$T# @987-, httpH>>ecurrentaffairs.in>wp?content>uploads>987->8:>#C/(2(?*0?0'#T?T$'C4?C*$T#.pdf .2- -)

http://ecurrentaffairs.in/wp-content/uploads/2013/04/SCHEME-OF-FAST-TRACK-COURTS.pdfhttp://ecurrentaffairs.in/wp-content/uploads/2013/04/SCHEME-OF-FAST-TRACK-COURTS.pdfhttp://ecurrentaffairs.in/wp-content/uploads/2013/04/SCHEME-OF-FAST-TRACK-COURTS.pdfhttp://ecurrentaffairs.in/wp-content/uploads/2013/04/SCHEME-OF-FAST-TRACK-COURTS.pdf


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II. CONTEMPORARY CHALLENGES TO FAST TRACK COURTS IN INDIA

The effectiveness of both the special fast track courts and other fast track courts for

securing justice for the citi=ens of this )ation has been under the scanner for a long period of

time now. *ut of the >www.prsindia.org>theprsblog>JpN9-66.22I""I'2 G'"*, 6++ectiveness o+ -nias ‘Fast Track’ Courts Euestione @987-,

httpH>>www.voanews.com>content>effectiveness&Fuestioned&of&indias&fast&track&courts&seeking&justice&for&ra

pe&victims>7156898.html.2' #*TI4 BI#'#, o -nias ‘+ast Track’ courts work G 987-, httpH>>www.bbc.com>news>world?asia?india?

98D::


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as sanctioned in 9888.9: The fast track courts were initially set up to look into cases

which are pending for long but afterwards they were directed to try specific cases.

ustice $avi #hankar %rasad also submitted that just D5< of the 7,5-: fast?track courts

sanctioned in 9888 are still functional. hen fast track courts were set up, a budget

of $s 188 crore of Central funds were sanctioned for their establishment in the

#tates.91

The initial scheme was to run these courts for a period of five years and by

9881, 71


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democratic unit at the same time. In other words, citi=ens with democratic rights

including the right to access to justice are the duty of the #tate to provide. The 798 th

"aw Commission $eport also recommended the a five?fold increase of the judicial

strength at all levels of the Indian udiciary from 78.1 to 18 judges per million of the

population, pointing out that Indias judge?population ratio stands in poor contrast

when compared to several other countries.-7

The 0ast?Track Court scheme envisaged the appointment of ad?hoc judges for

a period of two years from amongst the retired sessions or additional sessions udges,

members of the Bar and judicial officers who would be promoted on an ad?hoc basis.

The selection of the judges is to be made by the /igh Courts and the Centre had also

issued a direction to the #tate Governments to fill up the vacancies that might arise in

the wake of ad?hoc promotions through a special drive. They failed to take under

consideration the lack of accountability that might arise amongst the presiding officers

because of the offer of short term in office after retirement.-9 The fear which lies in

this regard is that litigants who wield influence at the +istrict level can make use of

the scheme to their favour through e!pedious disposal of cases in which they hold an

interest which might sometimes lead to miscarriage of justice. The same concern was

raised in the case of Bar Council of Anhra $raesh v) :nion o+ -nia, "& wherethe Bench observed that if the identification of the cases that the fast track courts

should try was left to the discretion of the Chief ustice of the /igh Courts, the

scheme would have worked better and also wondered that how retired +istrict udges

could be recruited as presiding officers and under whose jurisdiction they would be.

It has been observed that fast track courts are sometimes under e!treme

pressure from the public in order to dispose of cases of great public importance.

'ccording to the +epartment of ustice, the latest available information states that

around -9.-: lakh cases have been disposed of by these courts and out of -6.D8 lakh

cases have been transferred to these courts leaving


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The Best Bakery Case

This particular case can be regarded as a prime e!ample of how fast tracking a

case can have serious repercussions if the procedure and evidence are not taken

properly by the Court in the beginning of the case. 'ppro!imately 7: people were

burnt alive in one of the post Godhra riots in Gujarat in the city of ;adodara in 9889.

The case was tried by the Baroda 0ast Track Court )o.7 which amidst the allegations

of the faulty procedure acFuitted 97 accused. The trial continued for a period of ::

days. The court blamed the police for not doing their job properly and also that many

witnesses retracted their statements in the Court. (ven the /igh Court upheld the

verdict it was only after the )ational /uman $ights Commission intervened that the

matter was taken up by the #upreme Court which ordered a re?trial. Thus, it must be

noted that timely investigation is of great essence, and lapses by the police as well as

the 0ast Track Courts can lead to miscarriage of justice.

C. 2I#C(""')(*#

i /ostile itnessesH *ne of the primary reasons why the large number of

acFuittals in the cases that has been disposed of by the fast track courts has

resulted in acFuittals was because the complainants, victims or other witnesseshave turned hostile. This can be regarded as the failure of the trial process

itself. The problem of witnesses turning hostile in the fast track courts is not

something which is newE many such occurrences have been noted before and

are still being continued in the same line.-:

ii Consideration of (videnceH $ecent studies conducted also highlights that in

few cases, judges possess lack of training when it comes to considering

evidence.-1

III. NECESSITY OF FAST TRACK COURTS IN INDIA

'' /'$"(() 4'$, I) #C/ ' /'#T(? T/( #3#T(2 *0 0'#T T$'C4 C*$T# I) I)+I', available

at/ httpH>>blog.ipleaders.in>the?system?of?fast?track?courts?india>.'(

The problem of hostile witnesses, available atH httpH>>www.thehindu.com>todays?paper>tp?opinion>the? problem?of?hostile?witnesses>article-769


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'. %()+()C3 *0 C'#(# I) T/( I)+I') C*$T#

't current there are around three crores cases which are pending in the Indian courts. The cry

for speedy justice is going to be shriller in ne!t three decades as a conservative judicial

estimate predicts that case pendency is going to register a five?fold increase to touch 71 crore

but the judge?strength will go up only four times to settle at 51,888. 't present nearly 7D,888

judges, including 76,888 in trial courts, are dealing with a pendency of - crore cases,

resulting in a civil case lasting for nearly 71 years and giving credence to the adage “justice

elaye is justice enie)”D(

The nion "aw 2inister has recently launched the “4ission 4oe $rogra..e +or

1euction o+ $enency o+ Arrears in Courts)”2edia $eports suggested that the programme

aims to dispose of :8 percent of the pending cases in subordinate courts across the country. -5

's on #eptember -8, 9878, a total of 9.6 crore cases are pending in subordinate courts and :9

lakh in /igh Courts. 'ppro!imately DL of these cases have been pending for over 78 years

and a further 9:L cases have been pending for more than 1 years.-6

Te pendency of cases have increased over -6L in the last decade with the about

11,888 cases pending with the #upreme Court, :9 lakh with the /igh Courts and 9.6 with the

subordinate courts. The amount of pendency has also increased by 7:6L in the #upremeCourt, 1-L in the /igh Courts and ->timesofindia.indiatimes.com>india>India?to?have?71?crore?pending?cases?by?98:8?report?says>articleshow>7681:


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2odi Government, when its law ministry wanted the #upreme Court to disclose greater

details about itself, including court?wise pendency of civil as well as criminal cases, number

of adjournments in each particular case and sanctioned and working strength of judges to

increase transparency in the legal system. The suggestions, given with intent to increase

transparency in the appraisal of judges, were given to e?court committee of the #upreme

Court that operates under the )ational udicial +ata Grid @)+G.:8But despite such

initiatives, the rate of case disposal has not kept its pace with the rate of case institution.:7

;acancies across the courts are also very high. --L of the sanctioned positions in

/igh Courts are currently vacant. 'mong /igh Courts, the highest number of vacancies are in

the 'llahabad /igh Court @>www.legallyindia.com>Bar?Bench?"itigation>hear?hear?law?ministry?wants?more?better?data?from?sc?about?pending?cases?functioning. (1 %$# $eport, ;IT'" *TAT*/ $enency o+ Cases in -nian Courts @uly 8>>+H>"awL98@#em

L98;>$esearchL98%apers>'I">7-7887:9D7??;italL98#tatsL98?L98%endencyL98ofL98CasesL98inL98IndianL98CourtsL988:ul77L98v1L98?L98$evised.pdf .(2 Court )ews, #upreme Court of India @last visited 78>79>7: ,httpH>>supremecourtofindia.nic.in>courtnews.htm.(' *u!ra note :7.((G3')')T #I)G/, 4oily !ro.ises to +ree " lakh unertrials @anuary 9>indiatoday.intoday.in>story>2oilyL98promisesL98toL98freeL989L98lakhL98undertrials>7>68D59.html.(5

%$(## T$#T *0 I)+I', 9early three crore cases !ening, CJ- says trail to en within < years , T/(I)+I') (O%$(#, 'pril 1, 9871, httpH>>indiane!press.com>article>india>india?others>nearly?three?crore?cases? pending?cji?says?trial?to?end?within?1?years>.

http://www.legallyindia.com/Bar-Bench-Litigation/hear-hear-law-ministry-wants-more-better-data-from-sc-about-pending-cases-functioninghttp://www.legallyindia.com/Bar-Bench-Litigation/hear-hear-law-ministry-wants-more-better-data-from-sc-about-pending-cases-functioninghttp://www.legallyindia.com/Bar-Bench-Litigation/hear-hear-law-ministry-wants-more-better-data-from-sc-about-pending-cases-functioninghttp://www.legallyindia.com/Bar-Bench-Litigation/hear-hear-law-ministry-wants-more-better-data-from-sc-about-pending-cases-functioninghttp://d/Law%20(Sem%20V)/Research%20Papers/AIL/1310014291--Vital%20Stats%20-%20Pendency%20of%20Cases%20in%20Indian%20Courts%2004Jul11%20v5%20-%20Revised.pdfhttp://d/Law%20(Sem%20V)/Research%20Papers/AIL/1310014291--Vital%20Stats%20-%20Pendency%20of%20Cases%20in%20Indian%20Courts%2004Jul11%20v5%20-%20Revised.pdfhttp://d/Law%20(Sem%20V)/Research%20Papers/AIL/1310014291--Vital%20Stats%20-%20Pendency%20of%20Cases%20in%20Indian%20Courts%2004Jul11%20v5%20-%20Revised.pdfhttp://supremecourtofindia.nic.in/courtnews.htmhttp://supremecourtofindia.nic.in/courtnews.htmhttp://indiatoday.intoday.in/story/Moily%20promises%20to%20free%202%20lakh%20undertrials/1/80972.htmlhttp://indiatoday.intoday.in/story/Moily%20promises%20to%20free%202%20lakh%20undertrials/1/80972.htmlhttp://indianexpress.com/article/india/india-others/nearly-three-crore-cases-pending-cji-says-trial-to-end-within-5-years/http://indianexpress.com/article/india/india-others/nearly-three-crore-cases-pending-cji-says-trial-to-end-within-5-years/http://www.legallyindia.com/Bar-Bench-Litigation/hear-hear-law-ministry-wants-more-better-data-from-sc-about-pending-cases-functioninghttp://www.legallyindia.com/Bar-Bench-Litigation/hear-hear-law-ministry-wants-more-better-data-from-sc-about-pending-cases-functioninghttp://d/Law%20(Sem%20V)/Research%20Papers/AIL/1310014291--Vital%20Stats%20-%20Pendency%20of%20Cases%20in%20Indian%20Courts%2004Jul11%20v5%20-%20Revised.pdfhttp://d/Law%20(Sem%20V)/Research%20Papers/AIL/1310014291--Vital%20Stats%20-%20Pendency%20of%20Cases%20in%20Indian%20Courts%2004Jul11%20v5%20-%20Revised.pdfhttp://d/Law%20(Sem%20V)/Research%20Papers/AIL/1310014291--Vital%20Stats%20-%20Pendency%20of%20Cases%20in%20Indian%20Courts%2004Jul11%20v5%20-%20Revised.pdfhttp://supremecourtofindia.nic.in/courtnews.htmhttp://indiatoday.intoday.in/story/Moily%20promises%20to%20free%202%20lakh%20undertrials/1/80972.htmlhttp://indianexpress.com/article/india/india-others/nearly-three-crore-cases-pending-cji-says-trial-to-end-within-5-years/http://indianexpress.com/article/india/india-others/nearly-three-crore-cases-pending-cji-says-trial-to-end-within-5-years/


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time, as to provide certainty and definiteness to rights and obligations. :lawcommissionofindia.nic.in>7?

18>$eport7:vol7.pdf . (* @7DD5 1 #CC :15.(+ 'I$ 7D5D #C 7-78>71,

httpH>>shodhganga.inflibnet.ac.in>bitstream>7878-5->D>8D&chapterL98-.pdf . 5- -)51

nder the provisions of Consumer %rotection 'ct, 7D6


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improvement of justice in the year 9878. These funds were used for setting up of 2orning>

(vening> #hift Courses including other types of special courts with the objective of clearing

the backlog of cases. The #tate of Gujarat reportedly was successful in disposing of 15, -6:

cases introducing the system.

C. $(C*22()+'TI*)# ')+ #*"TI*)#

'midst the demand for setting up of more 0ast track courts1:, systematic changes in the

system are of outmost importance in the current scenario to protect the concept of fast track

courts in India and to protect the interest of the poor litigants. #olutions to the problemH?

i #pecial "egislationH The basic problem that arises with regard to fast track courts

in India is the lack of legislation. These courts have been mainly set up in order to

respond to political pressure on an ad?hoc basis and therefore lack any proper

mechanism so reFuired for their effective functioning. The lack of any special rule

or method of functioning also adds to the dilemma making these courts acting as

any other ordinary court. Thus a proper legislation, laying down procedures for

speedy disposal of cases is the need of the hour.

ii TrainingH #peciali=ed training shall be provided to the judicial officers, lawyers

and registrars and more importantly, the legislation shall also include such

provisions for training.

iii %eriodic 2onitoringH The 0ast Track Courts shall be made subjected to periodic

monitoring in order to keep a check on the effectiveness of such courts. The same

shall be done by including in the legislation a provision for data collection method

to monitor and evaluate the performance of these courts.

iv %rocedure for judges selectionH The #upreme Court has time and again noted that

the judges who are appointed to these 0ast track courts lack the veracity and thus

the guidelines issued by the Court shall be strictly adhered to. 11 In addition to this,

a former 0TC judge shall also be given incentive and other benefits that are

available to other retired judicial officers.1<

5( 'B/I)'; G'$G, *et u! .ore Fast Track Courts +or s!eey justice to wo.en, T/( TI2(# *0 I)+I',

2'$C/ D, 9871, httpH>>timesofindia.indiatimes.com>city>delhi>#et?up?more?fast?track?courts?for?speedy? justice?to?women>articleshow>:


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IV. CONCLUSION

hether 0ast Track Courts can be regarded as the future of the Indian ustice system is

still a Fuestion that awaits a conclusive debate taking into consideration the hardships it faced

when implemented in the first instance. 's already been discussed in this $esearch paper, the

amount of pendency of cases in the Indian Courts is incomprehensible and therefore

addressing this situation, the efficient constitution and implementation of 0ast Track Courts is

of vital important in order to give the Indian udiciary, a chance of reducing its number of

pending cases. 0ast Track courts with the help of proper funding from the Central

Government and by introduction of a proper "egislation to address all its issues and to keep a

check on its working, can make a big difference in the justice system of this country. 'ccess

to speedy and appropriate justice is a fundamental right of the citi=ens of this )ation and thus

it is the duty of a welfare Government to take measures to introduce new mechanisms to

make the concept of 0ast Track Court a grand success and to secure effective justice

accessible by the common people.

V. REFERENCES

• B**4#H?

7 $'(#/ 42'$, )I;($#'"# GI+( T* T/( C*)#TITTI*) *0

I)+I' 1D @9877E 2.$. BI, /2') $IG/T# I) ' +(;("*%I)G

#*CI(T3 article5


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- $*B($T 2**G, /*#( I)T($(#T# '$( #%$(2(J T/(

*$G')IK'TI*)'" %*"ICI(# *0 T/( CI;I" C*$T# I) T/( T*

+I#T$CIT# *0 TT'$ %$'+(#/ @7DD5

• '$TIC"(#H?

7 . 3.4. #'B/'$'", ACC6** T8 J:*T-C6 @Dth #eptember, 988>www.supremecourtofindia.nic.in>speeches>speeches&988cuttack.pdf .

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@+(C(2B($ -7, 9879, httpH>>www.prsindia.org>theprsblog>JpN9-66.

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@987-,

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G 9871 httpH>>articles.economictimes.indiatimes.com>9871?86?

8news>>timesofindia.indiatimes.com>india>India?to?have?71?crore?pending?

cases?by?98:8?report?says>articleshow>7681:www.thehindu.com>todayspaper>tp?national>tp?newdelhi>article9719>www.legallyindia.com>Bar?Bench?"itigation>hear?hear?law?ministry?wants?

more?better?data?from?sc?about?pending?cases?functioning

76 %$# $eport, ;IT'" *TAT*/ $enency o+ Cases in -nian Courts @uly 8>>+H>"awL98@#emL98;>$esearchL98%apers>'I">7-7887:9D7??;ital

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L988:ul77L98v1L98?L98$evised.pdf

7D G3')')T #I)G/, 4oily !ro.ises to +ree " lakh unertrials @anuary 9>indiatoday.intoday.in>story>2oilyL98promisesL98to

L98freeL989L98lakhL98undertrials>7>68D59.html

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D "' C*22I##I*) *0 I)+I', 7:T/ $(%*$T, 7D16, ;*". 7, %.79D,

httpH>>lawcommissionofindia.nic.in>7?18>$eport7:vol7.pdf .
http://lawcommissionofindia.nic.in/1-50/Report14vol1.pdfhttp://lawcommissionofindia.nic.in/1-50/Report14vol1.pdf

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