Lok Sabha Question No. 1656 (UNSTARRED), answered on 2019-02-13
Subject: Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: HARISHCHANDRA DEORAM CHAVAN, OM BIRLA, RAMA DEVI, MOHANBHAI KALYANJIBHAI KUNDARIYA

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)

## LOK SABHA

## UNSTARRED QUESTION NO.1656

## TO BE ANSWERED ON WEDNESDAY, THE 13 th  FEBRUARY, 2019

## Fast Track Courts

1656.  SHRI HARISHCHANDRA CHAVAN:

SHRI OM BIRLA:

SHRIMATI RAMA DEVI:

SHRI KUNDARIYA MOHAN BHAI KALYANJI BHAI:

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

- (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

## 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 14 th 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 statewise funds earmarked as per the recommendations of the 14 th 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  (Statewise) are  given in Annexure-II.

(d) & (e): The scheme of Fast Track Courts is presently operational  up to 14 th 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 14 th 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               |                                 306.2  |
| 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                       |                                   2.3  |
| 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                                               |

## 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 |