Nihshank Upadhyay, Jindal Global Law School
ABSTRACT
The following article delineates that the fast-track courts have done more harm than good in ensuring the right to a fair trial guaranteed by article 21 of the Indian constitution. The paper envisions the establishment of the fast- track courts under the concept of the right to life. It highlights the journey of these courts from the failure of the initial plan to special fast track courts hitting a roadblock in recent times. The fast-track courts' ability to deliver high-quality justice has also been put to test. While not a complete failure, the fast-track courts have mostly proved to be fast in letter and not spirit. With a rise in the pendency of cases, impractical expectations continue to surmount these courts. Poor infrastructure, staff shortage, impractical expectations, and undefined mandates have caused them to fail on both quantitative and qualitative fronts. Possible arguments in favour of the fast- track courts and their loopholes have also been addressed via the paper.
Keywords: Fast-track, right to life and liberty, Article 21, Judicial efficiency, fair trial, speedy justice.
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