Constitutional Status of Fast-Track Courts

Fast-track courts are courts intended to dispose of specified categories of cases more quickly through dedicated judges and procedures. They are not a separate constitutional category of court; they function within the existing subordinate judicial hierarchy under the Constitution and ordinary procedural laws.

Constitutional position

The Constitution recognises the Supreme Court, High Courts and subordinate courts, but does not separately mention fast-track courts. A fast-track court is ordinarily constituted or designated at the district level by a State government in consultation with the jurisdictional High Court.

• The constitutional framework for subordinate courts is contained in Articles 233-237.
• Appointments, postings and promotions of district judges are governed by Article 233, while recruitment below that level is governed by Article 234.
• Under Article 235, control over district and subordinate courts, including posting and promotion, is vested in the High Court.

Nature and jurisdiction

Fast-track status changes the allocation and prioritisation of work, not the court's place in the judicial hierarchy. Such courts usually exercise the jurisdiction of an existing subordinate court, such as a Sessions Court or an Additional District and Sessions Court.

• Their jurisdiction comes from applicable procedural and substantive laws, rather than from an independent constitutional grant.
• Their decisions remain subject to the ordinary appellate and supervisory jurisdiction of superior courts.
• The Union may provide financial or policy support, but establishment and continuation are generally undertaken by States in consultation with High Courts.

Constitutional purpose

Fast-track courts seek to advance timely justice, which is connected with the guarantee of life and personal liberty under Article 21. The Supreme Court has recognised the right to speedy trial as part of Article 21, while Article 39A directs the State to promote equal justice and ensure that access to justice is not denied because of economic or other disabilities.

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