In India the courts especially at the subordinate level are overburdened with huge number of cases. As of March 20,2019 there were around 1.8 lakh civil cases pending in the subordinate courts of Delhi.
According to chapter II section 3 of the Commercial Courts Act, 2015, the state government after consulting with the concerned High Court can constitute such numbers of commercial courts at district level as it may deem necessary. Both the aim of Commercial Courts and Fast track courts is to clear long pending cases.
In a noteworthy Public Interest Litigation filed through Advocate Sumit Chander on 10th March 2019 against Government of NCT of Delhi, highlighted the concern of the long pendency of the cases in Delhi. According to the PIL the Delhi District Judiciary had the Fast Track Court at the level of ADJ/ASJ on ad-hoc basis, but this scheme was discontinued with the passing of the judgement of Brij Mohan Lal (Supra) in the year 2012.
That in view of the said judgement dated 19.4.2012 in the case of Brij Mohan Lal (Supra), the Hon’ble Court sent a letter dated 3.7.2012 to the government requesting it to continue the FTC scheme as a permanent feature instead of the present ad hoc and temporary scheme under which sanction was last conveyed for continuation of 20 posts of Additional District Judges and 95 posts of ancillary for fast track courts for a period of one year from 1.4.2012 to 31.3.2013.
And then followed a series of letters between the two asking for clarifications and the Hon’ble court providing it with those information.
However no such court became functional against this action.
The court held in May 16,2019 that the state government is duty bound to follow the demand of the court on setting up of certain courts for fast disposal of cases.
The PIL saw its final success when the Delhi Cabinet headed by Arvind Kejriwal approved a proposal this friday for establishing 22 Commercial Courts and 18 permanent Fast Track Courts in various districts of Delhi,on the direction of the Delhi High Court.
The government also acknowledged another proposal of the Delhi High Court to create 212 posts in Delhi Higher Judicial Services including 22 posts for Judges in 22 commercial courts and 90% of the temporary posts will be converted into permanent ones in the Fast track courts.