Holding

The Fast Track Courts Scheme is constitutionally valid and must be implemented under the supervision of the High Courts with the guidelines prescribed by this judgment.

Summary

The Supreme Court examined the constitutionality of the Fast Track Courts Scheme introduced under the Eleventh Finance Commission, which sought to appoint retired judges, promote judicial officers ad‑hoc, and enlist members of the Bar to clear pending cases. Petitioners challenged the scheme on grounds that the Constitution did not sanction employment of retired judges, lacked effective guidelines, and suffered infrastructural deficiencies. The Court held that the scheme is constitutionally valid, as Articles 233, 234 and 235 empower High Courts to make appointments and exercise control over subordinate courts, and the Finance Commission’s recommendations do not contravene any constitutional provision. It further ruled that retired judges with clean service records may be appointed, but those with adverse records must be excluded, and that High Courts must oversee implementation through detailed guidelines. The Court issued comprehensive directions on the order of preference for appointments, staffing, vacancy filling, and periodic reporting, and dismissed the petitions, ordering the scheme to proceed.

Issues considered

The constitutional validity of the Fast Track Courts Scheme, particularly the appointment of retired judges
Whether the scheme violates Articles 233, 234, 235 and 309 of the Constitution
Whether the lack of detailed guidelines and infrastructural facilities renders the scheme invalid
Scope of the High Court's control over appointments and promotions in subordinate courts

Legislation cited

Constitution of Indias. Article 139-A, s. Article 233, s. Article 234, s. Article 235, s. Article 275, s. Article 309

Subjects

Fast Track CourtsJudicial appointmentsConstitutional lawHigh Court controlRetired judgesGuidelinesInfrastructureJudicial independence

Judgment

A BRIJ MOHAN LAL
v.
UNION OF INDIA AND ORS.

MAY 6, 2002 --
B B.N.KIRPAL CJ., K.G. BALAKRISHNAN AND
[S.P. BHARUCHA',
ARIJIT PASAYAT, JJ.]

Scheme of Establishment of Fast Track Courts:

c Challenge on the ground of lack of constitutional sanctions for
employment ofretired Judges-Held, there is nothing constitutionally improper
in the Scheme-High Court has to play a pivotal role in its implementation
in compliance with the constitutional requirements as per provisions of
Chapter VI of the Constitution-Constitution of India; Articles 233, 234, 235 ..
D and 309.

Challenge on the ground that no restriction placed on appointment of
retired Judges with adverse service records-Held, The Judges need to have
the strength and necessary facilities to put an end to injustice-Hence service
rendered should be evaluated before appointment to Fast Track Courts.
E
Challenge on the ground of non-availability of effective guidelines-
Detailed guidelines issued for appointment of Judges and functioning of Fast
Track Courts for compliance by the State Governments and High Courts-
Status reports to be submitted periodically.

F Words and Phrases:

'Control'-Meaning of in the context of Article 235 of the Constitution
of India.

The question in all these cases relates to the establishment and
G functioning of Fast Track Courts. Finance Commission allocated funds to be
utilized within 5 years and State Governments were to take necessary steps to
establish such Courts for disposal of pending cases. Finance Commission had
also suggested that States may consider re-employment of retired Judges for
these Courts. The Scheme of Fast Track Courts was challenged in High Courts
H on the ground that there was no constitutional sanction for employment of
810
BRI.I MOHAN LAL v. U.0.1. 811
retired Judges, lack of infrastructural facilities and effective guidelines for A
implementation of the Scheme and a plea was also made that instead of retired
Officers eligible members of the Bar should be considered for appointment as
Judges of these Courts.

It was contended for the Union of India that there was no mandatory
requirement for appointment of retired Sessions/Additional Sessions Judges B
or other Officers and ad-hoc promotions of Judicial Officers could also be
considered; and that vacancies so created could be filled up by a special drive
' for the smo~th functioning of the lower Courts. On behalfof other parties, it
was contended that there might be chances of appointment of retired Judges
particularly those with adverse service records. c
Disposing of the Petitions, the Court

HELD: 1.1. Plea taken by the parties questioning constitutional validity
of the Fast Track Courts Scheme is clearly without any substance. In cases
governed by Article 233(2), as a matter of rule, the High Court's D
recommendation must be accepted. Departure from the opinion of the High
,.. Court should be a rare event. The Constitution relies on the collective wisdom
of the High Court as a body and not that of any single individual. Though the
Fast Track Courts Scheme is envisaged by the Central Government on the
basis of the views indicated by the Finance Commission, yet appointments to E
the Fast Track Courts are to be made by the High Court keeping in view the
modalities set out. Therefore, merely because the suggestion has stemmed from
the Central Government it cannot be said that there has been any violation of
any constitutional mandate. 1820-B-D-EJ

Supreme Court Advocates-on-Record Association and Ors. v. Union of F
- r India. 1199313 SCC 441, followed.

1.2. The power of appointment under Article 234 does not include the
power to confirm the promotion of judicial officers other than judicial officers
which is vested exclusively in the High Court by Article 234. Any rule which
provides that the authority belongs to the Governor in consultation with the G
Higll Court, shall be void. While the promotion of District Judges shall be in
the hands of the Governor acting in consultation with the High Court in terms
of Article 235, the posting and promotion etc. of officers of the State Judicial
Services other than the District Judges lie exclusively in the hands of the
High Court. The word "control" referred to in Article 235 is used in a H
812 SUPREME COURT REPORTS [2002] 3 S.C.R.

A comprehensive sense to include general superintendence of the working of
the Subordinate Courts. In other words the control vested in t.he High Court
under this Article is complete control, subject only to the power of the Governor
in the matter of appointment and promotion of District Judges. The provision
under this Article is to ensure independence of judiciary. Thus, there is nothing
constitutionally improper in the Scheme. It is the High Court which has to
B play a pivotal role in the implementation of the Scheme for its effective
implementation and achievement of the above objectives, of course, complying
with the constitutional requirements embodied in relevant provisions of Chapter
VI of the Constitution. [820-F-G-H; 821-A-B)

C State of Assam and Anr. v. SN Sen and Anr., [1971 [ 2 SCC 889, relied
on.

2. It is not desirable to appoint judicial officers who did not carry good
reputation so far as their honesty and integrity is concerned. The qualities
desired of a Judge can be simply stated; 'that if he be a good one and that he
D be thought to be so'. Such credentials are not easily acquired. The judge needs
to have 'the strength to put an end to injustice' and 'the faculties that are
demanded of the historian and the philosopher and the prophet'.
[818-G; 819-B)

E All India Judges' Association v. Union of India and Ors., [1992) l SCC
119; All India Judges' Association and Ors. v. Union of India and Ors., (1993)
4 SCC 288 and All India Judges' Association and Ors. v. Union of India and
Ors., JT [2002) 3 SC 503, relied on.

P. Ramachandra Rao v. State ofKarnataka, JT (2002) 4 SC 92, referred
F to.
'Judges' by David Pannick, referred to. -
3. Following directions/Guidelines are issued for appointment of Judges
and functioning of such Courts for compliance by the State Governments and
G for submission of status reports by respective High Courts. [821-C)

A. Order of preferences for appointment of Judges of the Fast Track
Courts:

(i) By adhoc promotions from amongst eligible Judicial Officers. High
H Court to follow the existing procedure of promotions to such posts in the Higher
BRIJ MOHAN LAL v. U.0.1. 813

Judicial Service. [821-D] A
(ii) Re:ired Judges with goods service records and with no adverse
comments in their A.CRs. Those who were not given the benefit of two years
extensiOn of the age of superannuation, shall not be considered for
appointment. It should be ensured that they·satisfy the conditions laid down in
Article 233(2) and 309 of the Constitution. The concerned High Court shall B
take a decision with regard to the minimum-maximum age of eligibility to
• ensure that they are physically fit for the work in Fast Track Courts.
[821-E-F]

(iii) No Judicial Officer who was dismissed or removed or compulsorily C
retired or made to seek retirement shall be considered for appointment under
the Scheme. Judicial Officers who have sought voluntary retirement after
initiation of Departmental proceedings/inquiry shall not be considered, for
appointment. [821-H[

(iv) Members of the Bar, preferably in the age group of35-45, for direct D
appointment in these Courts so that they could aspire to continue against the
regular posts ifthe Fast Track Courts cease to function. The question of their
continuance in service shall be reviewed periodically by the High Court based
on their performance. They may be absorbed in regular vacancies, if subsequent
recruitment takes place and their performance in the Fast Track Courts is
found satisfactory. For the initial selection, the High Court shall adopt such E
methods of selection as are normally followed for selection of members of the
Bar as direct recruits to the Superior/Higher Judicial Services. [822-A-B-C]

(v) Overall preference for appointment in Fast Track Courts shall be
given to eligible officers who are on the verge of retirement subject to they F
being physically fit. [822-CJ

B. Other directions/guidelines:

(i) The recommendation for selection shall be made by a Committee of at
least three Judges of the High Court, constituted by the Chief Justice of the G
concerned High Court in this regard. The final decision in the matter shall be
taken by the Full Court of the High Court. [822-D]

(ii) After ad-hoc promotion of judicial officers to the Fast Track Courts,
the ccnsequential vacancies shall be filled up immediately by organizing a
special recruitment drive. Steps should be taken in advance to initiate process H
814 SUPREME COURT REPORTS [2002) 3 S.C.R.

A for selection to fill up these vacancies much before the judicial officers are
promoted to the Fast Track Courts, so that vacancies may not be generated at
the lower levels of the subordinate judiciary. 1822-E-F-Gf

(iii) Priority shall be given by the Fast Track Courts for disposal of those
Sessions cases which are pending for the longest period of time, and/or those
B involving under trials. Similar shall be the approach for Civil cases i.e. old
cases shall be given priority. 1822-Hf

(iv) The staff earmarked for each such Court are a Peskhar/
Superintendent, a Stenographer and an Orderly. If the staff is inadequate,
C High Court amt the State Government shall take appropriate decision to appoint
additional staff who can be accommodated within the savings out of the existing
allocations by the Central Government. 1823-A-Bf

(v) Provisions for the appointment of Public Prosecutor and Process
Server has not been made under the Fast Track Courts Scheme. A Public
D Prosecutor may be earmarked for each such Court and the expenses for the
same shall be borne out of the allocation under the head 'Fast Track Courts'.
Process service shall be done through the existing mechanism. 1823-DJ

(vi) A State Level Empowered Committee headed by the Chief Secretary
E of the Staff shall monitor the setting up of earmarked number of Fast Track
Courts and smooth functioning of such Courts in each State, as per guidelines
already issued by the Government of India. 1823-Ef

(vii) The State Governments shall utilize the funds promptly and will not
withhold any such funds or divert them to other uses. They shall send the
F utilization certificates to the Central Government, who ensure immediate
release of funds to the State Governments on receipt of required utilisation ,,.
certificates. 1823-Ff

(viii) At lel!st one Administrative Judge shall be nominated in each High
Court to monitor the disposal of cases by Fast Track Courts and to resolve the
G difficulties and shortcomings, if any, with the administrative support and
cooperation of the concerned State Government. State Government shall ensure
requisite cooperation to the Administrative Judge. 1823-G I

(ix) No right will be conferred on Judicial Officers in Service for I>
H claiming any regular promotion on the basis of his/her appointment on ad-
BRIJ MOHAN LAL v. U.0.1. 815
hoc basis under the Scheme. The service rendered in Fast Track Courts will A
be deemed as service rendered in the present cadre. In case any Judicial
Officer is promoted to higher grade in the present cadre during his !ensure
in Fast Track Courts, the service rendered in Fast Track Courts will be deemed
to be service in such higher grade. [824-A-BJ

(x) The retired Judicial Officers who are appointed under the Scheme B
shall be entitled to the pay and allowance they were drawing al the time of
their retirement, minus total amount of pension drawn/payable as per rules.
[824-C[
'
(xi) Persons appointed under the Scheme shall be governed by the rules C
and regulations which are applicable to the members of the Judicial Services
of the State of equivalent status, for the purpose of leave, reimbursement of
medical expenses, TAIDA and conduct rules and such other service benefits.
[824-DJ

(xii) The respective High Courts shall periodically review the functioning D
of the Fast Track Courts and in case of any deficiencies and/or shortcoming,
take immediate remedial measures, taking into account the views of the
Administrative Judge nominated. [824-E[

(xiii) The High Court and the State Government shall ensure that there
exists no vacancy so far as the Fast Track Courts are concerned, and necessary E
steps in that regard shall be taken within three months from the date of the
Judgment [824-F[

CIVIL APPELLATE JURISDICTION : Transferred Case (C) No. 22 of
2001.
F
(Under Article 139-A of the Constitution of India.)

WITH

TC. (C) No. 23/2001, SLP (C) No. 7870, 10645 of2001 and T.P. (C) No.
407-410 of2001. G
Harish N. Salve, Solicitor General, K.S. Saini, Chander Shekhar Ashri,
T.V. Ratnam, K. Subba Rao, Prateek Jalan, P. Parmeswaran, Ms. Aishwarya
Rao, Ms. Kamini Jaiswal, P.S Narasimha, Ananga Bhattacharjee, Narender
Verma, Prashant Bhushan, K. Ram Kumar, B. Sridhar, Ms. Rachna Gupta and
Ms. Rachana Srivastava for the appearing parties. H
816 SUPREME COURT REPORTS [2002] 3 S.C.R.

A The Judgment .:if the Court was delivered by

ARIJIT PASA YAT, J. All these cases relate to the establishment and
functioning of Courts described as Fast Track Courts and, therefore, are
disposed of by this common judgment. The Eleventh Finance Commission
(hereinafter referred to as the 'Finance Commission') allocated Rs. 502.90
B crores under Article 275 of the Constitution of India, 1950 (in short 'the
Constitution') for the purpose of setting up of 1734 Courts in various States
to deal with long pending cases, particularly, Sessions cases. As allocation
of funds made by the Finance Commission stipulated time bound utilization
within a period of five years, various State Governments were required to take
C necessary steps to establish such Courts. It appears that the Finance
Commission had suggested that the States may consider re-employment of
retired judges for limited period, for the disp~sal of pending cases, since these
Courts were to be ad hoc in the sense that they would not be a permanent
addition to the number of Courts within a particular State. Challenge was
made to the Scheme known as the Fast Track Courts Scheme in various High
D Courts, primarily on the ground that there was no constitutional sanction for
employment of retired judges and effective guidelines were not in operation.
It was also highlighted that infrastructural facilities were not available so as
to make Scheme a reality. Several such deficiencies were pointed out. A plea ,,..
was made that instead of retired officers, eligible members of the Bar should
E be considered for appointment.

Stand of the Union of India on the other hand was that on the
recommendations of the Finance Commission, a note was prepared by the
Department of Justice, Government of India. There is no mandatory requirement
for appointment of retired Sessions/Additional Sessions Judges or other
F officers. Ad hoc promotion of judicial officers was also contemplated. It was
pointed out that consequential vacancies created on account of ad hoc
promotions can be filled up by a special drive so that there is no shortfall in
the personnel of the lower Courts.

Learned counsel appearing for the various parties were unanimous on
G one important aspect i.e. the problems created by long pendency of cases in
different Courts all over the country. It was also conceded that any effort for
reducing the pendency is a welcome step. Keeping in view the importance of
the matter, learned counsel for the parties were asked to give their suggestions.
Mr. Harish N. Salve, learned Solicitor General has given several suggestions
H with which we shall deal later. Learned counsel for the other parties have more
BRIJ MOI !AN LAL v. lJ.0.1. fARIJIT !'ASAY AT . .I.] 817

or less agreed to the suggestions, except to the suggestion regarding A
appointn1ent of retired judges, tnore particularly, those with adverse service
records.

The anxiety of all concerned about quick dispensation of justice has
been succinctly stated by one of us (Hon'ble KirpaL J. as he then was) in
All India Judges Association and Ors. v. Union of India and Ors., JT (2002) B
3 SC 503 in the follo\ving words:

·'An independent and efficient judicial systen1 is one of the basic
structures of our Constitution. If sufficient nu1nber of judges are not
appointed, justice would not be available to the people, thereby C
undennining the basic structure. It is well kno\Vn that justice delayed
is justice denied. Time and again the inadequacy in the nu111ber of
judges has adversely been commented upon. Not only have the Law
Comn1ission and the standing con1n1ittee of Parliament made
observations in this regard, but even the head of the judiciary, na~ely,
the Chief Justice of India has had more occasions than once to make D
observations in regard thereto. Under the circumstances, we feel it is
our constitutional obligation to ensure that the backlog of the cases
is decreased and efforts are 1nade to increase the disposal of cases.
Apart fro1n the steps which may be necessary for increasing the
efficiency of the judicial officers, we are of the opinion that time has E
now come for protecting one of the pillars of the Constitution, namely,
the judicial system, by directing increase, in the first instance, in the
judge strength from the existing ratio of 10.5 or 13 per 10 lakhs people
to 50 judges for I 0 lakh people. We are conscious of the fact that
overnight these vacancies cannot be filled. In order to have additiqnal
judges, not only the posts will have to be created but infrastructure F
required in the form of additional court rooms, building, staff, etc.,
would also have to be made available. We are also aware of the fact
that a large nu1nber of vacancies as of today from amongst the
sanctioned strength remain to be filled. We, therefore, first direct that
the existing vacancies in the subordinate courts at all levels should G
be filled, if possible, latest by 31st March, 2003, in all the States. The
increase in the judge strength to 50 judges per 10 lakh people should
be effected and implemented with the filling up of the posts in a
phased 1nanner to be detennined and directed by the Union Ministry
of Law, but this process should be completed and the increased
vacancies and posts filled within a period of five years from today. H
818 SUPREME COURT REPORTS [2002) 3 S.C.R.

A Perhaps increasing the judge strength by 10 per 10 lakh people every
year could be one of the methods which may be adopted thereby
completing the first stage within five years before embarking on further
increase if necessary."

The following observations of a Seven Judge Bench in a recent decision
B P. Ramachandra Rao v. State of Karnataka, JT (2002) 4 SC 92 are also
relevant:

"A perception of the cause for delay at the trial and in conclusion of
criminal proceedings is necessary so as to appreciate whether setting
up bars of limitation entailing termination of trial or proceedings can
C be justified. The root cause for delay llYdispensation of justice in our
country is poor judge-population ratio. Law Commission of India in
its I 20th report on man power planning in Judiciary (July I 987), based
on its survey, regretted that in spite of Article 39A added as a major
Directive Principle in the Constitution by 42nd amendment ( 1976),
obliging the State to secure such operation of legal system as it
D
promotes justice and to ensure that opportunities for securing justice
are not denied to any citizen. Several reorganization proposals in the
field of administration of justice in India have been basically patch
work, ad hoc and unsystematic solutions to the problem. The judge-
population-ratio in India (based on 1971 census) was only I 0.5 judges
...
E per million population while such ratio was 41.6 in Australia, 50.9 in
England, 75.2 in Canada and I 07 in Unites States. The Law Commission
suggested that India required I 07 judges per million of Indian
population; however to begin with the judge strength needed to be
raised to five-fold, i.e. 50 judges per million population in a period of
five years but in any case not going beyond ten years. Touch of said
F sarcasm is difficult to hide when the Law Commission observed (in its
120th report, ibid) that adequate reorganization of the Indian Judiciary '(
is at the one and at the same time everybody's concern and, therefore,
nobody's concern."

G We find substance in the stand taken by the learned counsel who have
highlighted the non-desirability of appointing judicial officers who did not
carry good reputation so far as their honest)'. and integrity is concerned. It
is to be noted that in All India Judges' Association v. Union.of India and
Ors., [1992] 1 SCC 119] and in All India Judges' Association and Ors. v.
Union of India and Ors .. [1993] 4 SCC 288, this Court took note of the non-
H desirability to grant the benefit of two years extension in service i.e. from 58
BRIJ MOHAN LAL v. U.0.1. [ARIJIT PASAYAT, J.] 819

years to 60 years in the case of officers who were not found to be of A
continued utility. In each case an evaluation of the service records was
directed to be undertaken to find out whether the officer has or lacks potentiality
for getting such benefit.

The qualities desired of a judge can be simpiy stated: 'that if he be a
good one and that he be thought to be so'. Such credentials are not easily B
acquired. The judge needs to have 'the strength to put an end to injustice'
and 'the faculties that are demanded of the historian and the philosopher and
the prophet'. A few paragraphs from the book "Judges" by David Pannick
which are often quoted need to be set out here:

"The judge has burdensome responsibilities to discharge. He has C
power over the lives and livelihood of all those litigants who enter his
court. His decisions may well affect the interests of individuals and
groups who are not present or represented in court. If he is not
careful, the judge may precipitate a civil war or he may accelerate a
revolution. He may accidentally cause a peaceful but fundamental D
change in the political complexion of the country.

• * • •
E
Judges today face tribulations, as well as trials, not contemplated
by their predecessors. Parliament has recognized the pressures of the
job by providing that before the Lord Chancellor recommends anyone
to the Queen for appointment to the Circuit Bench, the Lord Chancellor
'shall take steps to satisfy himself that the person's health is F
satisfactory'. This seems essential in the light of the reminiscences of
Lord Roskill as to the mental strain which the job can impose. Lord
Roskill added that, in his experience, 'the work load is intolerable:
seven days a week, 14 hours a day'

• • G
* *
He [judge] is a symbol of that strange mixture of reality and
illusion, democracy and privilege, humbug and decency, the subtle
network of compromises, by which the nation keeps itself in its familiar
• shape."
H
820 SUPREME COURT REPORTS [2002) 3 S.C.R.

A Burger C.J. of the American Supreme Court once observed: "A sense
of confidence in the Courts is essential to maintain the fabric of ordered
liberty for a free people and it is for the subordinate judiciary by its action
and the High Court by its appropriate control to ensure it".

One of the pleas taken by the parties questioning constitutional validity
B of the Fast Track Courts Scheme is. that Constitution does not envisage
establishment of Fast Track Courts. This plea is clearly without any substance.
As observed by a nine-Judge t5enr!1 of this Court in Supreme Court Advocates-
on-Record Association and Ors. V. Union of India, [1993] 4 sec 441,
appointment of a person to be a District Judge rests with the Governor, but
C he cannot make the appointment unless there has been an effective and
meaningful consultation with the High Court or the High Court has
recommended the appointment. In order that the requirement of consultation
does not end up as an empty formality, in the event of difference of opinion,
there must be an effective interchange of viewpoints. In cases governed by
Article 233(2), as a matter of rule, the High Court's recommendation must be
D accepted. Departure from the opinion of the High Court should be a rare
event. The Constitution relies on the collective wisdom of the High Court as
a body and not that of any single individual. Though the Fast Track Courts
...
Scheme is envisaged by the Central Government on the basis of the views
indicated by the Finance Commission, yet appointments to the Fast Track
E Courts are to be made by the High Court keeping in view the modalities set
out. Therefore, merely because the suggestion has stemmed from the Central
Government; it cannot be said that there has been any violation of any
constitutional mandate. It is to be noted that Chapter VI of the Constitution
deals with Subordinate Courts. While Article 233 relates to the recruitment to
the District Judges, Article 234 relates to the recruitment of members of the
F judicial service of the State other than ~istrict Judges. The power of
appointment under Article 234 does not include the power to confirm the
promotion of judicial offic~rs other than judicial officers which is vested
exclusively in the High Court by Article 234. Any rule which provides that
the authority belongs to the Governor in consultation with the High Court,
shall be void, as observed by this Court in State of Assam and Anr. v. S.N.
G Sen and Anr., [ 1971] 2 sec 889. While the promotion of District Judges shall
be in the hands of the Governor acting in consultation with the High Court
in terms of Article 235, the posting and promotion etc. of officers of the State
Judicial Services other than the District Judges lie exclusively in the hands
of the High Court. The word "control" referred to in Article 235 is used in
H a comprehensive sense to include general superintendence of the· working of
BRIJ MOHAN LAL v. U.O.L [ARLIIT PASAYAT. J.J 821
the Subordinate Courts. In other words the control vested in the High Court A
under this Article is complete control, subject only to the power of the
Governor in the matter of appointment and promotion of District Judges. The
provision under this Article is to ensure independence of judiciary. Above
being the position there is nothing constitutionally improper in the scheme.
It is the High Court which has to play a pivotal role in the implementation
of the scheme for its effective implementation and achievement of the above B
objectives, of course, complying with the constitutional requirements embodied
in relevant provisions of Chapter VI of the Constitution .
•
Keeping in view the laudable objectives with which the Fast Track
Courts Scheme has been conceived and introduced, we feel the following C
directions, for the present, would be sufficient to take care of initial teething
problems highlighted by the parties:

Directions bv the Court:

I. The first preference for appointment of judges of the Fast Track D
Courts is to be given by ad-hoc promotions from amongst eligible
judicial officers. While giving such pro1notion, the High Court
shall follow the procedures in force in the 1natter of pro1notion to
such posts in Superior/Higher Judicial Services.

2. The second preference in appointments to Fast Track Courts shall E
be given to retired judges who have good service records with no
adverse comments in their ACRs, so far as judicial acumen,
reputation regarding honesty, integrity and character are concerned.
Those who were not given the benefit of two years extension of
the age of superannuation, shall not be coi;sidered for appointment. F
It should be ensured that they satisfy the conditions laid down
in Article 233(2) and 309 of the Constitution. The concerned High
Court shall take a decision with regard to the 1ninimum-maxi1nu1n
age of eligibility to ensure that they are physically fit for the work
in Fast Track Courts.
G
3. No Judicial Officer who \vas dismissed or removed or compulsorily
retired or made to seek retirement shall be considered for
appointment under the Scheme. Judicial Officers who have sought
voluntary retirement after initiation of Departmental proceedings/
inquiry shall not be considered for appointment. H
822 SUPREME COURT REPORTS [2002] 3 S.C.R.

A 4. The third preference shall be given to members of the Bar for
direct appointment in these Courts. They should be preferably in
the age group of 35-45 years, so that they could aspire to continue
against the regular posts ifthe Fast Track Courts cease to function.
The question of their continuance in service shall be reviewed
periodically by the High Court based on their performance. They
B may be absorbed in regular vacancies, if subsequent recruitment
takes place and their performance in the Fast Track Courts is ..
found satisfactory. For the initial selection, the High Court shall
adopt such methods of selection as are normally followed for +-
selection of members of the Bar as direct recruits to the Superior/
c Higher Judicial Services.

5. Overall preference for appointment in Fast Track Courts shall be
given to eligible officers who are on the verge of retirement
subject to they being physically fit.

D 6. The recommendation for selection shall be made by a Committee
of at least three Judges of the High Court, constituted by the
Chief Justice of the concerned High Court in this regard. The final ,._
decision in the matter shall be taken by the Full Court of the High
Court.

E 7. After ad-hoc promotion of judicial officers to the Fast Track
Courts, the consequential vacancies shall be filled up immediately
by organizing a special recruitment drive. Steps should be taken
in advance to initiate process for selection to fill up these vacancies
much before the judicial officers are promoted to the Fast Track
Courts, so that vacancies may not be generated at the lower levels
F -<
of the subordinate judiciary. The High Court and the State -,
Government concerned shall take prompt steps to fill up the
consequential as well as existing vacancies in the subordinate
Courts on priority basis. Concerned State Government shall take
necessary decisions within a month from the receipt of the
G recommendations made by the High Court.

8. Priority shall be given by the _Fast Track Courts for disposal of
those Sessions cases which are pending for the longest period of
time, and/or those involving under-trials. Similar shall be the
approach for Civil cases i.e. old cases shall be given priority.
H
BRIJ MOHAN LAL v. U.0.1. [ARIJIT PASAYAT, J.j 823
9. While the staff of a regular Court of Additional District and A
Sessions Judge includes a Sessions Clerk and an office Peon,
work in Fast Track Courts is reported to be adversely affected due
to shortage of staff as compared to regular Courts performing
same or similar functions. When single Orderly or Clerk proceeds
on leave, work in Fast Track Courts gets held up. The staff
eannarked for each such Court are a Peshkar/Superintendent, a B
Stenographer and an Orderly. If the staff is inadequate, High
Court and the State Government shall take appropriate decision to

" appoint additional staff who can be accommodated within the
savings out of the existing allocations by the Central Goyernment.

10. Provisions for the appointment of Public Prosecutor and Process
c
Server have not been made under the Fast Track Courts Scheme.
A Public Prosecutor is necessary for effective functioning of the
Fast Track Courts. Therefore, a Public Prosecutor may be earmarked
for each such Court and the expenses for the same shall be borne
out of the allocation under the head 'Fast Track Courts'. Process D
service shall be done through the existing mechanism.
~

11. A State Level Empowered Committee headed by the Chief Secretary
of the State shall monitor the setting up of earmarked number of
Fast Track Courts and smooth functioning of such Courts in each
State, as per the guidelines already issued by the Government of E
India.

12. The State Governments shall utilize the funds allocated under the
Fast Track Courts Scheme promptly and will not withhold any
such funds or divert them to other uses. They shall send the
utilization certificates from time to time to the Central Government;
F
who shall ensure immediate release of funds to the State
Governments on receipt of required utilization certificates.

13. At least one Administrative Judge shall be nominated in each
High Court to monitor the disposal of cases by Fast Track Courts G
and to resolve the difficulties and shortcomings, if any, with the
administrative support and cooperation of the concerned State
Government. State Government shall ensure requisite cooperation
to the Administrative Judge.

14. No right will be conferred on Judicial Officers in service for clai1ning H
824 SUPREME COURT REPORTS [2002] 3 S.C.R.

A any regular promotion on the basis of his/her appointment on ad-
hoc basis under the Scheme. The service rendered in Fast Track
Courts will be deemed as service rendered in the parent cadre. Jn
case any Judicial Officer is promoted to higher grade in the parent
cadre during his tenure in Fast Track Courts, the service rendered
in Fast Track Courts will be deemed to be service in such higher
B grade.

15. The retired Judicial Officers who are appointed under the Scheme
shall be entitled to pay and allowances equivalent to the pay and
I-
allowance they were drawing at the time of their retirement, minus
c total amount of pension drawn/payable as per rules.

16. Persons appointed under the Scheme shall be governed, for the
purpose of leave, reimbursement of medical expenses, TA/DA and
conduct rules and such other service benefits, by the rules and
regulations which are applicable to the members of the Judicial
D Services of the State of equivalent status.

17. The concerned High Court shall periodically review the functioning
of the Fast Track Courts and in case of any deficiencies and/or
shortcoming, take immediate remedial measures, taking into account
views of the Administrative Judge nominated.
E
18. The High Court and the State Government shall ensure that there
exists no vacancy so far as the Fast Track Courts are concerned,
and necessary steps in that regard shall be taken within three
months from today. In other words, steps should be taken to set
up all the Fast Track Courts within the stipulated time.
F
It was submitted by learned counsel appearing for some of the parties
that officers with tainted images have been appointed as Fast Track Courts.
It is for the High Court of the concerned State to see if any undesirable
person not fulfilling the requirements indicated in our directions above has
G been appointed, and to take immediate steps for terminating the appointment.

Copies of the judgment be sent by the Registry of this Court to each
High Court and the concerned State Government for ensuring compliance
with our directions.

H Though these petitions are to be treated as closed, Quarterly Status
BRIJ MOHAN LAL v. U.0.1. [ARJJIT PASAYAT, J.] 825
Reports shall be submitted by each High Court and the State Government. A
First such report shall be submitted by the end of August, 2002. The reports
shall be placed for consideration before the Bench to be fixed by Hon'ble the
Chief Justice of India.

S.K.S. Petition disposed of.
B

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