Special Courts for MP, MLAs

The issue had come forefront recently when Lok Prahari, an NGO filed a plea in Supreme Court seeking a permanent solution to the delay in cases of corruption ,disproportionate assets and other criminal charges against MLAs or MPs.

Considering the PIL, Supreme Court has directed centre to set up special courts to deal with cases against MPs and MLAs. The Court also directed the centre to disburse the funds of Rs 7.80 crore, kept for establishing courts, to the states. The order was passed pursuant to an earlier judgement of Supreme Court in 2014, which had ordered that trials should be concluded within a year of charges framed against MP and MLAs. Some basic questions are answered here:

What are fast track courts?

It was after the recommendation and grant given by eleventh finance commission that 1734 fast track courts were established by the Central Government for a period of five years from 2000 to 2005. However, the scheme was extended up to 2010-2011, under orders from the Supreme Court. Afterwards the scheme was withdrawn and centre stopped funding the establishment of FTCs but the states had the discretion to set up their own FTCs with their own funds.

The main aim of the fast track courts was to ensure speedy disposal of large number of pending cases in the time bound manner. These courts were headed by retired judges or eligible judicial officers whose selection is done by the High Court of the respective state. The judges are appointed on ad hoc basis.

Need for such a move?

Lack of Legislation

There are some provisions in the statute and constitution for disqualification of a person from being elected, or continuing as a Member of legislature. For instance-Section 8 of Representation of Peoples Act, 1951 lists various offences. However, there are not adequate provisions for time-bound trials or setting up of fast track courts, for trial of disqualifiable offences.

Criminalisation of Politics

Today, more than a third of the members of the current Lok Sabha have criminal cases registered against them. It take years to complete a trial and sometimes legislators even complete their two terms till a case is disposed off against them.

Paucity of infrastructure

Low judge to people ratio, lack of number of courts etc have delayed the trial of criminal cases against the legislators.

Is setting up of fast track courts a solution to the problem?

Setting up of special courts for trial of criminal cases is a welcome move but it has raised a question that whether it will hit at the root causes of the problem or will be a short term solution. First, let us examine the success of the fast track courts in their efficiency of working.

The rate of disposal of cases by fast track courts is only marginally higher than the regular courts. 50 per cent of the fast track courts are not functioning leading to pendency of cases. Pendency is also attributed to lack of infrastructure and qualified judges in such courts. Experts also criticized the concept of fast track courts due to their approach of bypassing procedures and not giving due consideration to the evidence leading to ineffective judgements. Consequently there will be appeals in higher courts, thus, defeating the purpose of such courts.

Moreover it is a piecemeal approach to a larger malaise in the justice delivery system. The entire justice delivery mechanism needs an overhaul from dealing with manpower shortage to infrastructural issues. Apart from this, parliament and Election Commission should come forward with various reforms like to debar legislatures from contesting elections that are framed under serious offences etc.