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Fast-Track Courts: Legal Basis, Functioning and Pendency Challenges (Source: Indian Express)

Context

The proposal to expand Fast-Track Courts has renewed attention to their legal basis, jurisdiction and performance. Although intended to expedite trials, many FTCs continue to face heavy pendency, infrastructure shortages and judicial vacancies.

Fast-Track Courts: Speedy Justice and Legal Challenges

Explanation:

  • Fast-Track Courts (FTCs) are special courts created through government schemes and judicial directions; there is no single central law governing all FTCs.
  • They were initially recommended by the 11th Finance Commission to clear long-pending criminal cases.
  • Fast-Track Special Courts primarily try rape cases and offences under the POCSO Act, 2012.
  • Under Article 14, creation of a special court must rest on a reasonable classification and serve a legitimate objective.
  • In State of West Bengal v. Anwar Ali Sarkar (1952), arbitrary selection of cases for special trial was invalidated.
  • High Courts may designate courts for speedy trial, but case allocation must follow objective criteria.
  • FTCs remain constrained by judicial vacancies, weak infrastructure, prosecution delays, forensic shortages and frequent adjournments.
  • Speedy trial forms part of Article 21, but expedition cannot override due process and fair-trial safeguards.

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