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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 $esearch %aper thus seeks to address new routes to promote the concept of ‘Fast Track
Courts’ as an effective tool for providing ‘access to justice’ and to protect the same.
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INDEX
%'G( )*.
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FAST TACK COURT : A CRITIQUE
I. I)T$*+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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FAST TACK COURT : A CRITIQUE
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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FAST TACK COURT : A CRITIQUE
- $*B($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/'$'", ACC6** T8 J:*T-C6 @Dth #eptember, 988>www.supremecourtofindia.nic.in>speeches>speeches&988cuttack.pdf .
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@987-,
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FAST TACK COURT : A CRITIQUE
77 9u.bers o+ Fast5Track Courts have reuce to ?HD, T/( (C*)*2IC TI2(# ,
G 9871 httpH>>articles.economictimes.indiatimes.com>9871?86?
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L98#tatsL98?L98%endencyL98ofL98CasesL98inL98IndianL98Courts
L988:ul77L98v1L98?L98$evised.pdf
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L98freeL989L98lakhL98undertrials>7>68D59.html
98 %$(## T$#T *0 I)+I', 9early three crore cases !ening, CJ- says trail to
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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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