Special courts for speedy trial of legislators

NEWS: SC for State-specific approach to setting up special courts for speedy trial of legislators

Amicus curiae has flagged that criminal cases against legislators have leaped over the 5,000-mark, with 400 of them concerning heinous offences

• The SC said that a “one-size-fits-all” approach may not resolve the problem of long pendency of criminal cases involving MPs and MLAs because the burden of cases is different for each state.

 Background :

• In 2017, the SC had ordered that special courts be set up across the country to fast-track the long-pending trials of lawmakers.
  • Following this, 12 special courts were set up across 11 States exclusively to try sitting MPs and MLAs.
• In September 2020, an SC-appointed amicus curiae (friend of the court), in his two reports, highlighted :
• Close to 4,442 criminal cases involving 2,556 sitting MP and MLAs are pending.
  • Now crossed the 5,000-mark, with 400 of them concerning heinous offences.
• A Special Court is a court with constrained purview, that manages a specific field of law as opposed to a specific regional ward. 
• In India, these courts are established under the Special Courts Act of 1979.
• In India, there are various special courts that have been established to deal with specific types of cases. These courts have been set up to provide speedy justice and to address the unique legal challenges associated with certain types of cases.

Jurisdiction:

• Special jurisdiction is the Courts’ jurisdiction over certain types of cases such as bankruptcy, claims against the government, probate, family matters, immigration, and customs, or limitations on courts’ authority to try cases involving maximum amounts of money or value. Special jurisdiction is also known as limited jurisdiction.

Read about other Supreme Court judgements: On UAPA, Consensual Divorce

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