Lok Sabha Question No. 3586 (UNSTARRED), answered on 2018-08-08
Subject: Funding for Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: RAJU ALIAS DEVAPPA ANNA SHETTI

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 3586

TO BE ANSWERED ON WEDNESDAY, THE 8 TH  AUGUST, 2018

Funding for Fast Track Courts

†3586. SHRI RAJU SHETTY:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether Fast Track Court scheme has been launched as 100 per cent Centrally Sponsored Scheme;
- (b) if so, the details thereof;
- (c) whether  Central  assistance  regarding  this  scheme  has  been reduced substantially during the last few years;
- (d) if so, the details thereof;
- (e) whether extra burden has been borne by the State Governments for extension of this scheme; and
- (f) if  so,  the  details  thereof  along  with  the  steps  taken  by  the Government in this regard?

## ANSWER

Minister of State for Law & Justice and Corporate Affairs (SHRI P.P. CHAUDHARY)

(a)  to  (f):  Setting  up  of  subordinate  courts  which  includes  Fast  Track Courts (FTCs) and their functioning falls within the domain of the State Governments who set up such courts as per their need and resources, in consultation with the concerned High Courts.

The  11 th Finance  Commission  had  recommended  a  scheme  for creation of 1,734 FTCs in the country for disposal of long pending cases and the cases involving undertrial prisoners. The scheme recommended by the 11 th Finance Commission was for a period of five years upto 2004-

05. The Government accorded its approval for the continuation of central funding  of  1,562  FTCs  that  were  operational  as  on  31.3.2005  for  a further period of 5 years i.e. up to 31 st March, 2010.  The scheme was continued  for  another  one  year  upto  31 st March,  2011.    An  amount  of Rs.870 crore was released to the State Governments for FTCs during a period of 11 years from 2000-01 to 2010-2011 and Central funding was discontinued beyond 31.03.2011.

In  its  judgment  in  Brij  Mohan  Lal  &  Others  Vs  Union  of  India  & Others on 19.04.2012, Supreme Court endorsed the position of Government of India that continuation of FTCs is within the domain of the states and  directed the States that they need to decide either to bring the  FTC  scheme  to  an  end  or  to  continue  the  same  as  a  permanent feature  in  the  State.  A  number  of  States  have  continued  FTCs beyond 31.03.2011 with their own resources.

However, the Central Government decided to provide funds upto a maximum  of Rs.80 crore per annum  on  a matching basis upto 31.03.2015  from  the  13 th Finance  Commission  Award  for  meeting expenditure on salaries of the 10% additional positions of Judges being created in the subordinate judiciary pursuant to the direction of Supreme Court in the case of Brij Mohan Lal Vs. Union of India.

The  Union  Government  submitted  a  Memorandum  to  the  14 th Finance Commission for strengthening of the judicial system in States at an estimated expenditure of Rs.9749.00 crore, which, inter-alia, included establishment  of  1,800  Fast  Track  Courts  for  cases  of  heinous  crimes involving senior citizens, women, children etc at an estimated expenditure  of  Rs.4,144.00  crore.    The  Commission  endorsed  the proposal of the Government and urged the State Governments to use the additional fiscal  space  provided  in  the form  of  enhanced tax  devolution (from 32% to 42%) to meet such funding requirements.

The  Government  has  also  followed  up  the  matter  and  requested State  Governments/High  Courts  for  setting  up  FTCs  for  expeditious disposal of cases of crimes against women, senior citizens and children as per the recommendations of the 14 th Finance Commission. In accordance  with a Supreme  Court  order, Government  is providing financial assistance for running 12 FTCs in 11 states to deal with criminal cases of MPs and MLAs.

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