Lok Sabha Question No. 452 (STARRED), answered on 2019-07-24
Subject: Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: Mohammad Jawed, Shobha Karandlaje

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO.452

## TO BE ANSWERED ON WEDNESDAY, THE 24 TH  JULY, 2019

## Fast Track Courts

## *452. DR. MOHAMMAD JAWED:

## KUMARI SHOBHA KARANDLAJE:

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

(a) whether Government has asked the States/UTs to set up Fast Track Courts (FTCs)  to speed up disposal of pending cases and if so, the details thereof;

(b) whether  Government  proposes  to  set  up  more  FTCs  in  the  country, especially in Bihar and if so, the details thereof;

(c) whether FTCs are not being set up in some States, if so, the details thereof and the reasons therefor;

(d) the funds allocated to the States to strengthen the judicial system during the last five years, State/UT-wise; and

(e) whether the Government has also directed the States to establish FTCs to expedite  cases  relating  to  offences  against  women,  children,  differently  abled persons, senior citizens and marginalised sections of the society, in pursuance of the Resolution of the Conference of CMs and Chief Justices held in 2013 and if so, the details thereof along with the response of the States thereto?

## ANSWER

## MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

## (SHRI RAVI SHANKAR PRASAD)

(a) to (e): A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF THE LOK SABHA STARRED QUESTION NO.452 FOR 24 TH  JULY, 2019 REGARDING FAST TRACK COURTS

(a)  to  (c)  &  (e):  The  decision  of  setting  up  of  Fast  Track  Courts  (FTCs)  and allocation of funds lies 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. 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 had, inter alia, directed the States that they shall not take a decision to continue FTCs on an ad-hoc and temporary basis. They (States) 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. A statement indicating State-wise number of FTCs  reported functional is enclosed as Annexure-I .

In the Conference of Chief Ministers of States and Chief Justices of High Courts held in 2013, it  was  resolved that  the  State  Governments  in  consultation with  the  Chief  Justices  of  respective  States,  take  immediate  steps  to  establish  a suitable number of FTCs relating to offences against women, children, differentlyabled persons, senior citizens and marginalized sections of society and to sanction posts of Judicial Officers with corresponding infrastructure and support staff for these Courts. The State Governments shall provide adequate funds for the purpose of creating and continuing these FTCs.

Accordingly in order to strengthen the judicial system in States, the Union of  India  proposed  setting  up  of 1800 FTCs  for  cases  of  heinous  crimes;  cases involving  senior  citizens,  women,  children,  disabled  and  litigants  affected  with HIV  AIDS  and  other  terminal  ailments;  and  civil disputes involving  land acquisition and property/rent disputes pending for more than five years at a cost of Rs.4144 crore as a component  of its  Memorandum  to  the  14 th Finance Commission  (14 th FC) which 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 which is enclosed as Annexure-II.

(d):     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 .  The  Central  grants  released  to  the  States  for FTCs  from  2000-2001  to  2010-2011  is  given  as Annexure-III .  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 following the direction of Supreme Court in the case of Brij Mohan Lal Vs. Union of India.  The State Governments and Chief Justices of the High Courts were requested to utilize these positions for creation of FTCs also. Further the 14 th FC while endorsing the proposal of the Union of India to strengthen the judicial system in States which includes, inter-alia, establishing 1800 FTCs  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  Union  Government  also  urged  the  State  Governments  to allocate funds for the activities mentioned in the 14 th FC recommendations from their State budgets from the Financial Year 2015-16 onwards and to strengthen the existing coordination and monitoring mechanism between the State Governments and the Judiciary for effective implementation of the recommendations of the 14 th FC. The details of funds allocation by the States as per recommendations of 14 th FC to strengthen the judicial system during the last five years is not maintained at Central Government level.

## ANNEXURE-I

## STATEMENT REFERRED TO IN REPLY TO PARTS (a)-(c) OF THE LOK SABHA STARRED QUESTION NO. 452 TO BE ANSWERED ON 24.07.2019

|   Sl. No. | Name of the State/UT   |   No. of FTCs functional (as on 31.03.2019) |
|-----------|------------------------|---------------------------------------------|
|         1 | Andhra Pradesh         |                                          21 |
|         2 | Assam                  |                                          03 |
|         3 | Arunachal Pradesh      |                                           0 |
|         4 | Mizoram                |                                          02 |
|         5 | Nagaland               |                                           0 |
|         6 | Bihar                  |                                          45 |
|         7 | Chhattisgarh           |                                          23 |
|         8 | Delhi                  |                                          14 |
|         9 | Goa                    |                                           0 |
|        10 | Maharashtra            |                                          77 |
|        11 | Gujarat                |                                           0 |
|        12 | Haryana                |                                          05 |
|        13 | Punjab                 |                                           0 |
|        14 | Chandigarh             |                                           0 |
|        15 | Himachal Pradesh       |                                           0 |
|        16 | Jammu &Kashmir         |                                           0 |
|        17 | Jharkhand              |                                           0 |
|        18 | Karnataka              |                                           0 |
|        19 | Kerala &Lakshadweep    |                                           0 |
|        20 | Madhya Pradesh         |                                           0 |
|        21 | Manipur                |                                          04 |
|        22 | Meghalaya              |                                           0 |
|        23 | Odisha                 |                                           0 |
|        24 | Rajasthan              |                                           0 |

| 25.       | Sikkim                           | 02        |
|-----------|----------------------------------|-----------|
| 26.       | Tamil Nadu                       | 50        |
| 27.       | Puducherry                       | 0         |
| 28.       | Tripura                          | 03        |
| 29.       | Uttar Pradesh                    | 206       |
| 30.       | Uttarakhand                      | 0         |
| 31.       | West Bengal &Andaman and Nicobar | 88        |
| 32.       | Telangana                        | 38        |
| 33.       | Daman &Diu                       | 0         |
| 34.       | Dadra &Nagar Haveli              | 0         |
| Total 581 | Total 581                        | Total 581 |

## ANNEXURE-III

## STATEMENT REFERRED TO IN REPLY TO PARTS (c) AND (d) OF THE  LOK   SABHA STARRED QUESTION NO.452 FOR 24.07.2019

Central Grants released to States for Fast Track Courts from 2000-01 to 2010-11 (Rs. In lakh)

|        |                   |                                    | Central Grant released by Department of Justice   | Central Grant released by Department of Justice   | Central Grant released by Department of Justice   | Central Grant released by Department of Justice   | Central Grant released by Department of Justice   | Central Grant released by Department of Justice   |             |
|--------|-------------------|------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|---------------------------------------------------|-------------|
| Sl. No | Name of the state | Released from 2000-01 to 2004-05 * | 2005-06                                           | 2006-07                                           | 2007-08                                           | 2008-09                                           | 2009-10                                           | 2010-11                                           | Grand Total |
| 1      | 2                 | 3                                  | 4                                                 | 5                                                 | 6                                                 | 7                                                 | 8                                                 | 9                                                 | 10          |
| 1      | Andhra Pradesh    | 2250.00                            | 550.50                                            | 412.80                                            | 412.80                                            | 142.40                                            | -                                                 | 1096.00                                           | 4864.50     |
| 2      | Arunachal Pradesh | 52.69                              | 19.20                                             | 14.40                                             | 14.40                                             | 14.40                                             | 14.40                                             | 14.40                                             | 143.89      |
| 3      | Assam             | 530.10                             | 128.00                                            | 96.00                                             | 96.00                                             | 91.20                                             | 96.00                                             | 96.00                                             | 1133.30     |
| 4      | Bihar             | 4766.40                            | 960.30                                            | 720.00                                            | 720.00                                            | 720.00                                            | 720.00                                            | 720.00                                            | 9326.70     |
| 5      | Chhattisgarh      | 791.10                             | 198.40                                            | 129.60                                            | 129.60                                            | 148.80                                            | 148.80                                            | 129.60                                            | 1675.90     |
| 6      | Goa               | 125.10                             | 32.00                                             | 24.00                                             | 24.00                                             | 19.20                                             | 14.40                                             | 24.00                                             | 262.70      |
| 7      | Gujarat           | 3226.68                            | 1062.80                                           | 1355.90                                           | 571.20                                            | 580.80                                            | -                                                 | 777.60                                            | 7574.98     |
| 8      | Haryana           | 422.31                             | 102.40                                            | 33.60                                             | 67.20                                             | 38.40                                             | 76.80                                             | 67.20                                             | 807.90      |
| 9      | Himachal Pradesh  | 108.59                             | 57.60                                             | 43.57                                             | 0                                                 | 38.40                                             | 43.20                                             | 43.20                                             | 334.56      |
| 10     | J & K             | 300.60                             | -                                                 | -                                                 | -                                                 | -                                                 | -                                                 | -                                                 | 300.60      |
| 11     | Jharkhand         | 2319.30                            | 569.80                                            | 226.00                                            | 190.17                                            | 249.60                                            | 196.80                                            | 192.00                                            | 3943.67     |
| 12     | Karnataka         | 2431.80                            | 595.40                                            | 610.80                                            | 230.40                                            | 182.40                                            | 446.40                                            | 441.60                                            | 4938.80     |
| 13     | Kerala            | 815.25                             | 198.40                                            | 148.80                                            | 148.80                                            | 148.80                                            | 148.80                                            | 148.80                                            | 1757.65     |
| 14     | Madhya Pradesh    | 2223.90                            | 422.50                                            | 215.40                                            | 259.80                                            | 312.00                                            | 316.80                                            | 316.80                                            | 4067.20     |
| 15     | Maharashtra       | 4352.40                            | 1197.20                                           | 1101.60                                           | 782.40                                            | 417.60                                            | 412.80                                            | 537.60                                            | 8801.60     |
| 16     | Manipur           | 90.00                              | 12.80                                             | 9.60                                              | 9.60                                              | 9.60                                              | 9.60                                              | 9.60                                              | 150.80      |
| 17     | Meghalaya         | 90.00                              | 19.20                                             | 14.40                                             | 0                                                 | 28.80                                             | -                                                 | 28.80                                             | 181.20      |
| 18     | Mizoram           | 90.00                              | 19.20                                             | 17.68                                             | 14.40                                             | 14.40                                             | 14.40                                             | 14.40                                             | 184.48      |
| 19     | Nagaland          | 54.90                              | 12.80                                             | 18.18                                             | 9.60                                              | 9.60                                              | 9.60                                              | 9.60                                              | 124.28      |
| 20     | Orissa            | 1866.60                            | 262.40                                            | 196.80                                            | 158.40                                            | 158.40                                            | 168.00                                            | 168.00                                            | 2978.60     |
| 21     | Punjab            | 746.10                             | 115.20                                            | 48.00                                             | 51.20                                             | 0                                                 | 163.20                                            | 81.60                                             | 1205.30     |
| 22     | Rajasthan         | 2238.05                            | 531.40                                            | 753.64                                            | 398.40                                            | 398.40                                            | 398.40                                            | 398.40                                            | 5116.69     |
| 23     | Sikkim            | 29.70                              | -                                                 | -                                                 | -                                                 | -                                                 | -                                                 | -                                                 | 29.70       |
| 24     | Tamil Nadu        | 1151.90                            | 313.70                                            | 235.20                                            | 235.20                                            | 0                                                 | 470.40                                            | 235.20                                            | 2641.60     |
| 25     | Tripura           | 73.80                              | 19.20                                             | 3.80                                              | 0                                                 | 0                                                 | 11.56                                             | 0                                                 | 108.36      |
| 26     | Uttar Pradesh     | 6319.80                            | 288.00                                            | 3075.69                                           | 495.52                                            | 1161.60                                           | 1161.60                                           | 1094.40                                           | 13596.6 1   |
| 27     | Uttarakhand       | 1173.60                            | 1549.80                                           | 216.00                                            | 129.60                                            | 0                                                 | -                                                 | 99.62                                             | 3168.62     |
| 28     | West Bengal       | 3972.60                            | 761.80                                            | 571.20                                            | 571.20                                            | 571.20                                            | 571.20                                            | 571.20                                            | 7590.40     |
|        | Total             | 42613.27                           | 10000.00                                          | 10292.66                                          | 5719.89                                           | 5456.00                                           | 5613.16                                           | 7315.62                                           | 87010.6     |

## ANNEXURE-II

## STATEMENT REFERRED TO IN REPLY TO PART (d) OF THE LOK SABHA STARRED QUESTION NO.452 TO BE ANSWERED ON 24.07. 2019

Funds proposed for establishment of 1800 Fast Track Courts for a period of five years (20152020) under Grants-in-Aid as endorsed by the 14 th Finance Commission.

(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    |
|      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 |           306.2  |
|     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 | Total                    | 1800 |  4144.11 |