Question : Fast Track Courts

(a) the criteria fixed for setting up of Fast Track Courts (FTCs) in the country;
(b) the number of FTCs opened during each of the last three years and the current year, State-wise and along with the total number of FTCs set up till date;

(c) 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 details of funds provided, State-wise including Gujarat for the last three years and the steps taken by the Government with regard to inadequate funds;

(d) whether the Government has further extended the scheme and increased allocation for the same and if so, the details thereof; and

(e) the objectives of setting up of fast track court and the facilities being provided by them along with number of cases resolved by these courts, State-wise?

Answer given by the minister

ANSWER

MINISTER OF STATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS
(SHRI P.P. CHAUDHARY)

(a) & (c): Setting up of subordinate courts including Fast Track Courts (FTCs) falls within the domain of State Governments who do so in consultation with respective High Courts. The Union Government had submitted a proposal to the 14th Finance Commission for strengthening the judicial system in States at a cost of Rs.9,749 crore which included inter-alia establishing 1,800 FTCs during a period of five years for all cases of heinous crimes like cases involving senior citizens, women, children, other vulnerable sections of the society and civil nature cases related to property disputes that are more than 5 years old etc. at a cost of Rs.4,144 crore. The Commission endorsed the proposal and urged the State Governments to use the additional fiscal space provided by the Commission in the tax devolution (from 32% to 42%) to meet such requirements. The details of the state-wise funds earmarked as per the recommendations of the 14th Finance Commission are given in Annexure-I.

(b): In its judgment in Brij Mohan Lal & Others v/s Union of India & Others on 19.04.2012, the Hon’ble Supreme Court of India endorsed the position of Government of India that continuation of FTCs is within the domain of the State Governments and directed the States that they need to decide either to bring the FTCs scheme to an end or to continue the same as a permanent feature in the State. As per information received from High Courts, the details of the FTCs functional during the last four years (State-wise) are given in Annexure-II.

(d) & (e): The scheme of Fast Track Courts is presently operational up to 14th Finance Commission period i.e. 31.03.2020. Fast Track Courts were set up for disposing of cases of heinous nature viz., cases involving senior citizens, women, children, other vulnerable sections of the society and civil nature cases related to property disputes that are more than 5 years old etc. The number of cases resolved by these courts State-wise as per data provided by the High Courts is given in Annexure-III.

ANNEXURE-I
Funds earmarked for establishment of 1800 Fast Track Courts for a period of five years (2015-2020) as endorsed by the 14th Finance Commission
Sl.
No. Name of the State Funds earmarked/allocated
(in crore)
1. Andhra Pradesh 108.21
2. Telangana 85.18
3. Assam 82.88
4. Mizoram 16.12
5. Nagaland 6.91
6. Bihar 338.43
7. Chhattisgarh 64.46
8. Gujarat 400.59
9. Himachal Pradesh 29.93
10. Jammu & Kashmir 48.35
11. Jharkhand 115.11
12. Karnataka 218.72
13. Kerala, Lakshadweep 94.39
14. Madhya Pradesh 306.20
15. Maharashtra, D&N, Daman & Diu 496.67
16. Goa 11.51
17. Manipur 6.91
18. Meghalaya 9.21
19. Orissa 145.04
20. Punjab 115.11
21.
Chandigarh 4.61
Haryana 110.51
22. Rajasthan 214.11
23. Sikkim 2.30
24. Tamil Nadu, Puducherry 204.91
25. Tripura 20.72
26. Uttar Pradesh 488.08
27. Uttarakhand 64.46
28. West Bengal, A&N Islands 216.42
29. Delhi 145.05
Total 4144.11
ANNEXURE-III
Total cases resolved by the Fast Track Courts (State-wise) during the Calendar Years 2017 and 2018
Sl.
No. Name of the State Cases resolved by FTCs during the Calendar Year 2017 Cases resolved by FTCs during the Calendar Year 2018
1. Andhra Pradesh 3835 3949
2. Assam 2990 2314
3. Bihar 5889 11525
4. Chhattisgarh 3840 3862
5. Delhi 560 638
6. Goa 0 0
7. Gujarat 0 0
8. Haryana 0 768
9. Himachal Pradesh 0 0
10. Jammu & Kashmir 0 0
11. Jharkhand 979 1946
12. Karnataka 0 0
13. Kerala& Lakshadweep 0 0
14. Madhya Pradesh 0 0
15. Maharashtra 127362 160641
16. Manipur 210 190
17. Meghalaya 0 0
18. Mizoram 144 215
19. Nagaland 1 8
20. Odisha 0 0
21. Punjab 0 0
22. Puducherry 0 0
23. Rajasthan 0 0
24. Sikkim 14 19
25. Tamil Nadu 15382 14911
26. Tripura 3591 1423
27. Telengana 4118 1694
28. Uttar Pradesh 239728 254446
29. Uttarakhand 608 562
30. West Bengal 15482 16358
Total 4,24,733 4,75,469

ANNEXURE-II

Fast Track Courts functional during each of the last three years and the current year (State-wise)

Name of the State FTCs functional
in the calendar year 2015 FTCs functional in the calendar year 2016 FTCs functional in the calendar year 2017 FTCs functional in the calendar year 2018
Andhra Pradesh 38 38 38 21
Assam 0 3 0 3
Arunachal Pradesh 0 0 0 0
Bihar 0 0 55 48
Chandigarh 0 0 0 0
Chhattisgarh 0 14 21 23
Delhi 15 13 14 4
Goa 3 5 4 2
Gujarat 0 0 0 0
Haryana 0 0 0 6
Himachal Pradesh 0 0 0 0
Jammu & Kashmir 5 0 5 0
Jharkhand 11 12 14 32
Karnataka 0 0 0 0
Kerala 0 0 0 0
Madhya Pradesh 0 0 0 0
Maharashtra 80 100 100 93
Manipur 2 0 3 4
Meghalaya 0 0 0 0
Mizoram 0 0 0 2
Nagaland 2 0 0 1
Odisha 0 0 0 0
Punjab 2 0 0 0
Puducherry 0 0 0 0
Rajasthan 0 0 0 0
Sikkim 1 1 2 2
Tamil Nadu 0 39 69 39
Telengana 34 34 34 38
Tripura 0 1 3 3
Uttar Pradesh 0 183 273 286
Uttarakhand 0 4 4 4
West Bengal 88 77 88 88
Total 281 524 727 699

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