In 2017, Fast-track courts (FTCs) in only 6 states managed to dispose 50% of their cases within a year.
In this backdrop, here is an overview of the evolution and the performance of Fast Track Courts in India.
How did FTCs come up?
The Eleventh Finance Commission’s report was submitted in 2000, and the recommendations were for 2000 to 2005.
The report noted that there was a pendency of about 2 crore cases in the district and subordinate courts of the States in India.
The FC recommended a grant of around Rs. 500 crore for creation of additional courts specifically for the purpose of disposing of the long-pending cases.
This will enable the States to create 1,734 new additional courts.
Though the Eleventh Finance Commission did not use the expression, these 1,734 courts were fast track courts (FTCs).
How did FTCs evolve?
In consultation with High Courts, state governments were supposed to establish FTCs.
FTCs were meant to be till March 31, 2005.
By that date, state governments notified 1,711 FTCs, and 1,562 were functional.
Per FTC, the all-India average of cases disposed per month was 15.
Originally, this was meant to be a per judge norm, not a per FTC norm.
Continuance - In a case (Brij Mohan Lal vs Union of India), the Supreme Court instructed that FTCs should not be disbanded overnight.
Hence, the Union government approved Rs. 509 crore for the 1,562 functional FTCs to continue till March 31, 2010.
This deadline was later extended till March 31, 2011.
The Union of India stated that it would not, in any case, finance expenditure of the FTC Scheme beyond this deadline.
However, some of the States have resolved to continue the FTC Scheme up to 2012, 2013 and even 2016.
A few States are even considering the continuation of the FTC Scheme as a permanent feature in their respective States.
Complexity - The decision of some states to continue with FTCs has created an anomaly in the administration of Justice in the States and the entire country.
This meant that while some States continued the Scheme, others were forced to discontinue or close it because of non-availability of funds.
Are FTCs effective in fulfilling their objective?
On ground, the performance widely varied among the states.
On December 31, 2018, there were 699 FTCs (some earlier ones having been closed down).
These were for cases against women, children, senior citizens, differently abled, those with terminal ailments, and civil property disputes more than 5 years old.
FTCs are rightly considered to be fast if they dispose the case transferred to them within a year.
But, out of the cases disposed in 2017, J&K, Jharkhand, Karnataka, MP, Rajasthan, and TN are the States/UTs whose FTCs disposed of at least half their cases within one year.
On the other hand, of the 6,704 cases completed in FTCs in Bihar in 2017, 2,507 cases took more than 10 years, and 1,655 cases took between 5 and 10 years.
