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Brij Mohan Lal v. Union Of India And Others
Factual and Procedural Background
The Eleventh Finance Commission (2000-2005) allocated Rs 502.90 crores for the creation of 1,734 Fast Track Courts to expedite disposal of long-pending criminal cases in the subordinate judiciary. Affidavits filed by the Union of India in 2004 indicated efforts to secure continuation of the scheme beyond 31-3-2005 through the Twelfth Finance Commission and resolutions passed at a Chief Ministers–Chief Justices conference on 18-9-2004. When the matter was placed before the Supreme Court on 28-3-2005, no firm decision on extension existed. The Court therefore sought clarification from the learned Solicitor General, who informed the Court that although the Union favoured continuation, no fresh financial sanction had been granted and Rs 82.87 crores of the original allocation remained unspent. The present order was passed in that procedural context.
Legal Issues Presented
- Whether the State can decline its constitutional obligation to secure speedy justice under Article 21 on grounds of financial constraints.
- Whether the Fast Track Courts Scheme, having been successfully implemented and assured of continuation, can be abruptly discontinued after 31-3-2005.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| All India Judges' Assn. v. Union of India, (2002) 4 SCC 247 | An independent and efficient judiciary is part of the Constitution’s basic structure; States bear primary responsibility for funding the administration of justice. | The Court relied on this decision to hold that States cannot evade their duty to provide adequate judicial infrastructure and that financial constraints cannot justify denial of speedy justice. |
Court's Reasoning and Analysis
The Court underscored that speedy justice is a fundamental right implicit in Article 21 and that an adequate judge-population ratio is essential to fulfil this right. Citing the success of the Fast Track Courts Scheme and the assurances previously given by the Union and States, the Court concluded that abrupt discontinuation would:
- Disrupt ongoing criminal trials, many of which were mid-hearing and involved summoned witnesses.
- Create administrative chaos by forcing reversion of ad-hoc promoted judges and adjustments in prosecution resources.
- Undermine public confidence in the justice delivery system.
The Court emphasised that although administration of justice is primarily a State subject, both Union and State Governments must treat continuation of Fast Track Courts as a joint responsibility. Financial crunch cannot be a valid defence when unspent funds remain and when constitutional mandates are at stake.
Holding and Implications
ORDER: The Union of India is directed to continue the Fast Track Courts Scheme for one month beyond 31-3-2005. The unspent Rs 82.87 crores shall not lapse and shall be utilised for salaries and other expenses consistent with the existing terms of the scheme. The matter is to be listed on 29-4-2005, and the Union, States, and High Courts must furnish updated cost estimates and funding details.
Implications: The immediate effect is to prevent disruption of Fast Track Courts and ongoing criminal trials. While no new legal precedent is expressly set, the order reinforces the principle that financial constraints do not absolve the State from its constitutional duty to provide timely justice.
Order
1. The Fast Track Courts Scheme was recommended by the Eleventh Finance Commission for setting up 1734 courts to dispose of long pending cases, particularly on the criminal side in the subordinate judiciary. In that regard, Rs 502.90 crores was allocated. The allocations recommended by the Eleventh Finance Commission covered the period 2000-2001 to 2004-2005.
2. By affidavit dated 8-7-2004 filed on behalf of the Union of India, this Court was informed that the matter of continuation of the above Scheme beyond five years has been taken up with the Twelfth Finance Commission. By the said affidavit, this Court was further informed that the Law Ministry had written a letter on 17-4-2003 to the Chairperson of the Twelfth Finance Commission to favourably consider the proposals for the upgradation of judicial infrastructure including continuation of the Fast Track Courts Scheme and also for creation of another 1500 Fast Track Courts of Magistrates for dealing with non-sessions cases and other criminal matters.
3. A further affidavit was filed on behalf of the Union of India on 13-10-2004 by which this Court was further informed that in the joint conference held at Vigyan Bhawan, New Delhi on 18-9-2004, attended by Chief Ministers and Chief Justices, it was resolved that the Fast Track Courts Scheme be continued for a period of five years beyond 31-3-2005 and that Fast Track Magistrate Courts on similar lines be established.
4. The period of five years in terms of the said Scheme comes to an end on 31-3-2005. Till 28-3-2005, when the matter came before us, there was no indication as to whether the Fast Track Courts Scheme would continue beyond 31-3-2005. In the circumstances, we called upon the learned Solicitor General to look into the matter and inform the Court by 30-3-2005 as to whether the said Scheme would continue beyond 31-3-2005.
5. The learned Solicitor General stated before us that although the Union of India was keen to continue the Scheme, no financial sanction has been accorded by the Twelfth Finance Commission. The learned Solicitor General of India, however, stated that out of the sanctioned allocation of Rs 502.90 crores, till date the amount disbursed is Rs 420.03 crores leaving an unspent amount of Rs 82.87 crores, lying with the Central Government.
6. All accused are entitled to speedy justice in terms of Article 21 of the Constitution. The question has been raised as to 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. In this connection, it is relevant to note that in terms of the Annual Report of the Ministry of Law for the year 2003-2004, the total number of pending cases runs into the figure of 2.27 crores (approximately). Further, in the year 2000, the Eleventh Finance Commission had allocated Rs 502.90 crores under Article 275 of the Constitution to set up 1734 courts. The allocation stipulated time-bound utilisation. Suffice it to state at this stage that the funds have been utilised effectively. We have examined the statistics and the status reports submitted by the States which indicate success of the Scheme and time-bound utilisation of funds. Therefore, the question which arises for determination before us is of importance. Is it open to the State not to fulfil its obligation with regard to speedy justice on the basis of financial crunch, particularly when the Judge-population ratio of 10.5 Judges per 10 lakh people in India is the root cause for huge backlog of undecided cases?
7. In All India Judges' Assn. v. Union of India (2002) 4 SCC 247 this Court has held that an independent and efficient judicial system is one of the basic structures of our Constitution and if sufficient number of judges are not appointed, justice would not be available to the people, thereby undermining the basic structure. In the said judgment, it has been observed that the expense on administration of justice in the States is incurred by the respective States. It is for the States to approach the Finance Commission or the Union of India for more allocation of funds. In the conference held on 18-9-2004, the States have agreed to continue the Scheme for a further period of five years beyond 31-3-2005.
8. As can be seen from the above facts, this Court has been repeatedly assured that the said Scheme will continue beyond 31-3-2005. The said Scheme has two components, namely, financial and infrastructural. Having introduced the Scheme under which Fast Track Courts have become operational, the Scheme should not be disbanded all of a sudden. Judges have been appointed at Fast Track Courts from three sources viz. by way of promotion, direct appointment from advocates and retired District Judges. If the entire Scheme has to be disbanded now, chaos will be created inasmuch as not only services of several officers who had been promoted on an ad hoc basis will have to be reverted to their substantive post. Similarly, if corresponding promotion had been given to others, it will be necessary also to pass orders of reversion in such cases. Thousands of cases are pending adjudication before Fast Track Courts and some of them might have been heard in part. Witnesses in many cases might have been summoned. The State Governments have also appointed Special Public Prosecutors. The requirements to continue the Scheme, furthermore, may vary from State to State. In some States, there may not be many sessions cases pending requiring continuation of the Scheme, as earlier proposed. In some States, the requirement may not be of such magnitude to appoint the number of officers specified in the earlier Scheme. All these questions must be worked out and the views of the respective State Governments should also be ascertained.
9. As stated above, speedy justice is an obligation of the State. As held in All India Judges' Assn. (2002) 4 SCC 247 administration of justice is a State subject. Therefore, maintenance of Fast Track Courts has to be looked after by the States. They cannot disown their responsibility of providing speedy justice by pleading financial crunch. At the same time, we expect the Union of India and the States to treat this venture as a joint venture, particularly in providing funds to the States.
10. We expected the Scheme to continue beyond 31-3-2005 as we were repeatedly assured that the Scheme would continue. We cannot allow the Scheme to be disbanded suddenly. We, therefore, direct the Union of India to continue the said Scheme for a period of one month pending hearing and final disposal of Writ Petition (C) No. 140 of 2005 and other cases. For the said purpose, we direct that the said unspent amount of Rs 82.87 crores lying with the Central Government will not lapse on 31-3-2005 and the disbursement under the said Fast Track Courts Scheme (including the salary payable to the Judges and other staff) shall continue as in the past in accordance with the terms and conditions of the said Scheme. This order shall, however, be subject to any other or further orders which may be passed and subject to orders for adjustment of necessary fund by and between the Union of India and the States concerned. In the meantime, we would also like to know from the Union of India the current monthly expenditure/costs State wise in respect of the administration of the Scheme as we are informed that the establishment costs now stand considerably reduced, particularly on and from 1-4-2005. We would also like to know simultaneously from the respective States and respective High Courts to whom notices have been ordered to be issued, as to their estimate of expenditure/costs for administering the Scheme after 1-4-2005. Lastly, we would also like to know from the Union of India whether any portion of Plan expenditure of Rs 1,72,500 crores for 2005-2006 (including Rs 26,000 crores under the new pattern of financing the States as recommended by the Twelfth Finance Commission) has been allocated for upgradation of judicial infrastructure as was done by the Eleventh Finance Commission in its report.
11. Office is directed to forward copy of this order to the Registrar Generals of the High Courts concerned for compliance.
12. List the matters on 29-4-2005.
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