Syllabus: GS2/Governance
In News
- Recently, the Prime Minister of India announced the setting up of Fast-Track Courts (FTCs) for speedy trial and stringent punishment of the culprits involved in paper leak cases.
Fast-Track Courts (FTCs)
- They are special courts established to expedite the trial and disposal of long-pending cases, especially heinous crimes and crimes against vulnerable groups.
- They are expected to help clear the massive backlog in the regular lower judiciary and ensure speedy delivery of justice.
Laws and Regulations of Fast-Track Courts
- India has no single law that governs Fast-Track Courts (FTCs).
- The push to dedicate courts to specific demographics came from the Fourteenth Finance Commission (2015–2020), which recommended setting up 1,800 FTCs to expedite the trial of heinous crimes such as murder, kidnapping, and extortion, as well as property disputes pending for over five years.
- It also recommended them for cases involving vulnerable demographics, including women, children, senior citizens, persons with disabilities, and individuals afflicted with terminal illnesses.
Amendments
- In 2019, following an amendment to the criminal laws and a directive from the Supreme Court, the Union government launched a centrally sponsored scheme to establish fast-track special courts (FTSCs).
- Funded partially by the Nirbhaya Fund, these special courts are exclusively dedicated to the time-bound trial of rape cases and offences under the Protection of Children from Sexual Offences Act.
Deadline for Fast-Track Courts
- In India, litigants do not have a statutory right to trials within a stipulated time.
- However, the Bharatiya Nagarik Suraksha Sanhita (BNSS) says that criminal trials should ideally be completed within two years and sexual offence cases should be completed within two months.
- Under the Centrally Sponsored Scheme for Fast-Track Special Courts (FTSCs) each court is supposed to dispose of 41-42 cases in a quarter or at least 165 cases in a year.
Judicial Observations
- The Supreme Court has held that Fast Track or Special Courts have to comply with Article 14 (Right to Equality).
- In State of West Bengal v. Anwar Ali Sarkar (1952), it was held that cases cannot be transferred to special courts only because they will be tried faster, but there must be a reasonable and objective basis for classification, such as the nature of the offence or the vulnerability of the victims.
- However, courts have later allowed special courts in exceptional cases of great public importance like the Satyam scam and 2G spectrum case for expeditious trials.
- In the case of P. Ramachandra Rao v. State of Karnataka (2002), the Supreme Court in a seven-Judge Constitution Bench held that there can be no fixed time limit for completion of all criminal trials.
- The Court held that the criminal proceedings cannot be stopped merely on the ground of delay.
- The Court observed that mandatory time limits would amount to judicial legislation, which is not within the powers of the Court.
Progress
- As of January 2026, 862 regular FTCs were functioning across 21 states and union territories.
- Alongside them, 774 FTSCs — including 398 exclusive POCSO courts — were operational across 29 states and union territories.
- The disposal rate for the special courts is around 96%, meaning they were either heard or dismissed.
- In 2024, 88,902 new cases were instituted in FTSCs, while 85,595 cases were resolved.
- On average, an FTSC disposes of about 9.5 cases per month, nearly three times the 3.3 cases cleared monthly by a regular trial court of similar jurisdiction.
Issues and Challenges
- Despite these high clearance rates, the volume of litigation means pendency remains a persistent challenge.
- By the end of 2023, over 2.4 lakh cases were still pending in FTSCs.
- Judicial delays are due to many reasons such as lack of infrastructure, complicated cases, poor investigation, weak forensic support, shortage of judges, and procedural inefficiencies.
- Legal experts say that Fast-Track Courts (FTCs) are not enough to solve the problem of judicial backlog unless they are supported by adequate infrastructure and judicial capacity.
- Though FTCs have been successful in some areas like Prevention of Corruption Act cases, their efficiency in handling POCSO and other criminal cases has been limited by the large number of cases and unavailability of exclusive judges.
Conclusion and Way Forward
- Fast Track Courts (FTCs) are an important mechanism for providing speedy justice in priority cases and reducing judicial pendency thereby upholding the principle that “justice delayed is justice denied”.
- They need adequate infrastructure, enough judicial manpower, quality investigations, robust forensic support, technological integration and procedural efficiency for success.
- To ensure that speedy justice is not at the cost of fairness, a comprehensive programme of judicial and institutional reforms is necessary to fulfil the constitutional promise of timely and fair justice.
Source: IE
Previous article
Extension of Preventive Detention Powers under the National Security Act (NSA) in Delhi
Next article
Human trafficking in India