Question : Fast Track Courts

(a) the aims and objectives envisaged under the scheme of Fast Track Courts along with its present status;

(b) the criteria fixed for setting up of Fast Track Courts (FTCs) in the country along with the number of FTCs constituted and the achievement made by these courts including number of cases transferred and disposed of during the last three years and the current year, State/UT-wise;
(c) the details of the specific facilities being provided in these courts;
(d) the total funds allocated for such courts during the said period, State-wise;
(e) whether the funds being provided to FTCs are not adequate to meet the recurring and non-recurring expenditure being incurred by such courts and if so, the steps taken by the Government in this regard; and
(f) whether some States have been providing support to FTCs from their own resources ever since the central support was discontinued and if so, the details thereof, State-wise?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)

(a) to (f): Setting up of subordinate courts including Fast Track Courts (FTCs) and its functioning comes within the domain of the State Governments in consultation with the respective High Courts. The 11th Finance Commission had recommended a scheme for creation of 1734 FTCs in the Country for disposal of long pending cases. The criteria adopted for creation of number of FTCs was based on the report of Sh.N.C.Jain, Member, 11th Finance Commission that one such court can dispose of upto 168 number of cases per year. The Scheme continued up to 2010-11 and then it was decided to discontinue. An amount of Rs. 870 Cr. was released to the State Government within the period of 11 years and central funding was not continued beyond 31.03.2011. However, the Central Government decided to provide funds up to a maximum of Rs. 80 Cr. per annum on a matching basis up to 31.03.2015. Out of 38.99 Lakh cases transferred to FTCs since inception, 32.93 Lakh cases were disposed of as per the report received as on 31.03.2011.
In its judgment in Brij Mohan Lal & Others V/s. UoI & Others on 19.04.2012 the Hon’ble Supreme Court of India had inter-alia directed the States that they shall not take a decision to continue FTCs on an ad-hoc and temporary basis. They will need to decide either to bring the FTCs Scheme to an end or to continue the same as a permanent feature in the State. Number of States opted to discontinue the Scheme.
Considering the need for setting up of FTCs for specific nature of cases pending in Courts viz. cases of heinous nature, civil cases involving senior citizen women and children and other marginalized section of society and civil disputes involving land acquisition etc. pending for more than five years, the Union of India proposed setting up of 1800 FTCs at a total cost of Rs. 4144 Cr. during the period of 2015-2020, in its memorandum to the 14th Finance Commission. The Commission endorsed the proposal and urged the State Government to use the additional fiscal space provided by the Commission in the tax devolution to meet the requirements. Further the Union Government has also urged the State Governments to allocate funds for the activities mentioned in the 14th FC recommendation including setting up of FTCs from their State budgets from the financial year 2015-16 onwards. The number of FTCs and fund proposed, State wise, is given at Annexure-I.
The present status of number of Fast Track Courts functional, the information on the number of cases disposed of during the last three years including the current year, the number of cases presently pending in these courts as made available by the various High Courts is given at Annexure-II.
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ANNEXURE-I
LOK SABHA UNSTARRED QUESTION NO.1476 TO BE ANSWERED ON 27.11 2019
STATUS OF NO. OF FAST TRACK COURTs & FUND PROPOSED DURING 14TH FINANCE COMMISSION (2015-20) , STATE-WISE


(Rs. in Crore)
S.No Name of the State No. of FTCs proposed Funds proposed
1. Andhra Pradesh 47 108.21
2. Telangana 37 85.18
3. Assam 36 82.88
4. Arunachal Pradesh 0 0.00
5. Mizoram 07 16.12
6. Nagaland 03 6.91
7. Bihar 147 338.43
8. Chhattisgarh 28 64.46
9. Gujarat 174 400.59
10. Himachal Pradesh 13 29.93
11. Jammu & Kashmir 21 48.35
12. Jharkhand 50 115.11
13. Karnataka 95 218.72
14. Kerala, Lakshadweep 41 94.39
15. Madhya Pradesh 133 306.20
16. Maharashtra, D&N, Daman & Diu 204 469.67
17. Goa 05 11.51
18. Manipur 03 6.91
19. Meghalaya 04 9.21
20. Orissa 63 145.04
21. Punjab 50 115.11
22. Chandigarh 02 4.61
Haryana 48 110.51
23. Rajasthan 93 214.11
24. Sikkim 01 2.3
25. Tamil Nadu, Puducherry 89 204.91
26. Tripura 09 20.72
27. Uttar Pradesh 212 488.08
28. Uttarakhand 28 64.46
29. West Bengal, A&N Islands 94 216.42
30. Delhi 63 145.05
Total 1800 4144.11



ANNEXURE-II
THE LOK SABHA UNSTARRED QUESTION NO. 1476 TO BE ANSWERED ON 27.11.2019
STATUS OF STATE-WISE NO. OF FAST TRACK COURTs, FUNCTIONAL, CASES DISPOSED DURING LAST THREE YEARS INCLUDING CURRENT YEAR AND CASES PENDING AS ON 30.09.2019.

Sl. No. Name of the State/UT No. of FTCs functional
(as on 30.09.
2019) Cases disposed off in FTCs during 2016 Cases disposed off in FTCs during 2017 Cases disposed off in FTCs during 2018 Cases disposed of in FTCs during 2019 (upto30.09.2019) Cases pending in FTCs
(as on 30.09.2019
1. Andhra Pradesh 21 1861 2615 2504 2252 6555
2. Assam 26 - 2990 2314 4370 16320
3. Maharashtra 74 30153 35046 32807 68394 91118
4. West Bengal & Andaman and Nicobar 88 12351 15482 16358 12456 48580
5. Chhattisgarh 23 - 3840 3862 3526 5030
6. Manipur 04 675 cases disposed during last three years 195 213
7. Bihar 59 - 5889 11525 5423 21483
8. Delhi 10 1295 1487 1559 1075 6555
9. Haryana 06 - - 166 3071 863
10. Sikkim 02 - 03 09 15 9
11. Tripura 09 897 cases disposed during last three years 374 849
12. Uttar Pradesh 286 - 456477 cases disposed of during 2017&2018 247955 417744
13 Mizoram 02 197 161
14 Jammu & Kashmir 05 27 851
15 Tamilnadu 51 11153 73921
16 Telangana 38 2054 11226