The Supreme Court (SC) in India has advised a state-specific plan to establish special courts for accelerated trials involving legislators. The Court highlighted that the ‘one-size-fits-all’ approach might not provide an effective solution due to differing caseloads in various states. Below are details about this suggestion and some context behind it.
The Initiative of Special Courts
In 2017, the Supreme Court ordered the setup of special courts countrywide to hasten long-standing trials involving lawmakers. Post this directive, 12 such special courts were instituted across 11 states, exclusively to try ongoing MPs and MLAs. However, despite the court’s optimal efforts, nearly 4,442 criminal cases involving 2,556 sitting MPs and MLAs remain unresolved according to reports by an SC-appointed friend of the court, also known as amicus curiae, in September 2020. Currently, the total number of such pending cases have crossed the 5,000-mark, with 400 concerning serious offenses.
Understanding Special Courts
Special courts, established under the Special Courts Act of 1979, are judicial bodies with limited jurisdiction concentrating on a specific legal field rather than a territorial jurisdiction. Numerous special courts in India handle specific case types, providing expedited justice and addressing unique legal challenges linked with particular cases. They have restricted authority over certain cases like bankruptcy, claims against the government, probate, family matters, immigration, and customs, or limitations on courts’ authority to try cases involving maximum amounts of money or value. Judges serve for a specified term in these special courts which operate within a narrow jurisdiction. Their primary role is to adjudicate on the constitutionality of challenged laws.
Other Related Initiatives
Several additional projects complement efforts to establish special courts. For instance, there are special courts dealing with Protection Of Children from Sexual Offences (POCSO) cases. There’s also the Scheme for Fast Track Courts, which aims to accelerate the legal process further. Another notable project is the e-Courts Integrated Mission Mode Project, which leverages technology to simplify court proceedings.
The Way Forward
As politics dominates the bureaucracy and controls business, civil society, and media, it is crucial for the country to have governance unmarred by criminal activities. Public pressure on prosecution could be a viable solution. If a political leader faces retribution for offering nominations to large numbers of tainted candidates, it may bring about a positive change. These measures, in combination with the special courts, could help ensure that justice is both swift and fair.
This article draws information from source: TH.
