The Hindu : Cost of justice

Online edition of India's National Newspaper
Wednesday, May 28, 2003

Opinion

Opinion - Editorials

Cost of justice

THE RECENT NOTIFICATION by the Centre of 1,308 Fast Track Courts (FTCs) in the country is a definite indication of some progress on the steps launched towards securing speedy delivery of justice. But it is to be borne in mind that the expansion of administrative infrastructure alone cannot mitigate the vexed problem of docket explosion that continues to plague the Judiciary. To that extent, filling vacancies in the High Courts and the Supreme Court, improvements in the rate of conviction and curbs on adjournments are some of the other measures that must supplement the constitution of FTCs. The 100 per cent Centrally-funded project has fallen well behind the target of putting in place a total of 1,734 functional FTCs by April 2001. Under the arrangement, the State Governments are to provide the basic infrastructure for these courts and the High Courts fully empowered in the selection of judges. The scheme envisages appointment of ad hoc judges from among retired sessions or additional sessions judges, members of the Bar and judicial officers for a tenure of two years. Significantly, the very idea of FTCs as an answer to judicial delays, quite apart from their composition and jurisdiction, has been questioned from many quarters.

The Eleventh Finance Commission had recommended the establishment of five FTCs for every district in the country at a total cost of Rs.502.9 crores. One of the primary considerations behind the EFC's proposal appears to have been to introduce a measure of financial prudence in the arena of judicial administration. The constitution of FTCs was put forward as the preferred cost-saving alternative in response to demands from State Governments for grants to the tune of Rs. 4,780 crores for upgrading existing infrastructure and setting up additional courts. This reasoning was also buttressed by the argument that the FTCs should principally try cases of undertrials so as to save on the cost of maintenance, rehabilitation and correctional programmes. The cause of justice would after all be better served if long-pending cases were disposed of within a reasonable period. Even though the entire process of operationalising FTCs was envisaged over a four-year time span, the task of constituting them is yet to be completed. It is important that States that have fallen behind take steps to fulfil one of the basic prerequisites for an efficacious justice delivery mechanism.

The scheme of FTCs suffered a setback when the Andhra Pradesh High Court issued orders in April 2001 suspending their constitution and the appointment of judicial officers. Although the Supreme Court stayed the interim order, it nevertheless questioned the rather limited role assigned to the Judiciary and the manner in which the entire process was set in motion. It specifically observed that the identification of cases to be tried in the FTCs should have been left to the discretion of the High Courts. Clearly, the current state of affairs calls for greater coordination between the endeavours of the political executive and the judicial wings of the state. For, there is a deep connection between the efficacy of the criminal justice administration and the forward march of the Constitutional democratic process in a society. There has been a qualitative shift over the years in understanding judicial delays — from merely being seen as a problem of docket explosion to incorporating the facet of human rights that is intrinsic to the delivery of justice. The priority assigned to FTCs to clear pending cases involving undertrials — despite the economic reasons averred to — should be seen as reflecting this new thinking. The goal of securing speedy convictions is not necessarily incompatible with keeping judicial costs to the minimum. But the former cannot be sacrificed for the latter.

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