BEST BAKERY CASE: THE WORST EXAMPLE OF FAST TRACK INJUSTICE
Indian judiciary and fast track courts.
Indian Judicial System
The three-tiered system of Indian
judiciary comprises of Supreme Court.
High Courts standing at the head of state
District and Sessions courts in the judicial
districts into which the states are
The lower rung of the system then
comprises of courts of civil & criminal
The Supreme Court
Highest judicial forum and final court of appeal.
The Supreme court has the power of Constitutional review.
Established : 28 January 1950
Location :New Delhi
Decisions are appealed to President of India for Clemency/Commutation
Judge term length : 65 years of age
Number of positions : 31 (30+1)
Judges at the time of inauguration : Chief Justice Harilal J. Kania
Justice Saiyid Fazl Ali
Justice M. Patanjali Sastri
Justice S. R. Das
The Supreme Court
The proceedings of the Supreme Court are conducted in
Judges of Supreme Court used to be appointed by
the President of India.
The Registry of the Supreme Court is headed by the Registrar
Three types of Advocates: SENIOR ADVOCATES, ADVOCATESON-RECORD & OTHER ADVOCATES .
The High Courts
Supreme judicial authority at the State level.
There are currently 24 High Courts in India.
The High Courts are generally the last court of regular
High Courts can be approached for enforcement of other
It has the power to supervise the subordinate courts falling
within its territorial jurisdiction.
The High Courts are Courts of Record.
The High Courts also exercises original jurisdiction under the
The Subordinate Courts
They are under the administrative control of the High Court
of the State.
Their jurisdiction is confined to the districts they are
The Subordinate Courts are:
The decisions of the District Courts are of course subject to
the appellate jurisdiction of the High Courts.
Fast Track Courts
A category of special courts within a Judiciary or Court
System that have exclusive jurisdiction over an area of law.
Introduced in April 2001.
The services of retired judges were availed of to man these
First instance (trial) and/or Appellate Courts.
NEED FOR FAST TRACK COURTS
Aimed at clearing the massive backlog in court cases.
Expected to substantially reduce the number of undertrials
Speedy trial as a fundamental right.
Rely on improved Case Management Systems and Court
A demonstration of the judiciary’s commitment to end
sexual and gender based violence.
Advantages of Fast Track Court
Alleviation of the general or ordinary caseload
burden/decongestion of ordinary courts.
Promotes specialization and professionalization.
Enhances Judicial efficiency and effectiveness.
High case disposal rate, expeditious trials and appeals.
Assures consistency and predictability.
Disadvantages of Fast Track Courts
Lead to Judicial isolation.
Fast-track courts doesn’t do full justice in many
Narrow subject matter and lowers professional
stature of Judges
Offers non comprehensive remedy.
Exhorbitant and high costs.