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2005 (3) TMI 760 - SC - Indian LawsWhether the Fast Track Courts Scheme would continue beyond 31.3.2005? Whether the State can deny its obligation to set up such number of courts as are necessary for fulfilling its constitutional obligation on the ground of financial constraints or otherwise?
Issues:
1. Continuation of the Fast Track Courts Scheme beyond 31.3.2005. 2. Obligation of the State to provide speedy justice despite financial constraints. 3. Allocation of funds and infrastructure for the Fast Track Courts Scheme. 4. Judicial system as a basic structure of the Constitution. 5. Responsibilities of the Union of India and the States in maintaining Fast Track Courts. 6. Direction for the continuation of the Scheme and financial disbursement. Issue 1: Continuation of the Fast Track Courts Scheme beyond 31.3.2005 The Supreme Court considered the Fast Track Courts Scheme recommended by the XIth Finance Commission, which aimed to dispose of long-pending cases, especially on the criminal side. Despite assurances of continuation, financial sanction beyond the initial five-year period was pending from the XIIth Finance Commission. The Court emphasized the importance of maintaining the Scheme to avoid disruption in ongoing cases and the potential chaos that could result from its sudden discontinuation. Consequently, the Court directed the Union of India to continue the Scheme for one month pending further proceedings. Issue 2: Obligation of the State to provide speedy justice despite financial constraints The Court highlighted the constitutional obligation of the State to ensure speedy justice to all citizens, as guaranteed under Article 21 of the Constitution of India. It questioned whether financial constraints could be a valid reason for the State to deny setting up necessary courts to fulfill this obligation. Referring to the huge backlog of cases and the judge-population ratio in India, the Court emphasized the importance of not compromising on access to justice due to financial limitations. Issue 3: Allocation of funds and infrastructure for the Fast Track Courts Scheme The Court reviewed the allocation of funds under the Fast Track Courts Scheme, noting the effective utilization of the sanctioned amount by the XIth Finance Commission. It emphasized the need for States to approach the Finance Commission or the Union of India for additional funds to support the judicial infrastructure. The Court stressed the success of the Scheme and the importance of time-bound utilization of allocated funds for the efficient functioning of the judiciary. Issue 4: Judicial system as a basic structure of the Constitution Citing a previous judgment, the Court affirmed that an independent and efficient judicial system is a fundamental pillar of the Indian Constitution. It underscored that the appointment of an adequate number of judges is essential to ensure justice for all citizens. The Court reiterated that the expense of administering justice is primarily the responsibility of the States, and they should seek additional funds to support the judiciary. Issue 5: Responsibilities of the Union of India and the States in maintaining Fast Track Courts The Court emphasized that the maintenance of Fast Track Courts is a joint responsibility of the Union of India and the States. It urged both entities to collaborate in providing necessary funds to support the Scheme and ensure the continuation of speedy justice delivery. The Court directed the Union of India to continue the Scheme temporarily and instructed the States to estimate the costs for administering the Scheme post the initial period. Issue 6: Direction for the continuation of the Scheme and financial disbursement In response to the pending financial sanction for the Fast Track Courts Scheme, the Court directed the Union of India to continue the Scheme for a month beyond 31.3.2005. It instructed that the unspent amount of funds should not lapse and disbursement under the Scheme, including salaries for judges and staff, should continue as per the Scheme's terms. The Court sought detailed information on the expenditure costs, allocation of funds, and infrastructure upgrades related to the Scheme from both the Union of India and the respective States for further consideration. This comprehensive analysis of the Supreme Court's judgment highlights the critical issues surrounding the Fast Track Courts Scheme, the obligations of the State in providing speedy justice, the allocation of funds and infrastructure, and the responsibilities of the Union of India and the States in maintaining the judicial system. The Court's directions underscore the importance of upholding constitutional principles and ensuring efficient judicial processes despite financial challenges.
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