Model Answer
0 min readIntroduction
The Bihar Special Courts Act, 2009 was enacted by the Bihar government to expedite the trial of cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) who faced criminal charges. This legislation established special courts specifically for these cases, aiming to ensure a faster judicial process and reduce the pendency of cases against elected representatives. Recently, the Act has been in the news due to concerns over the slow progress of trials and a Supreme Court directive regarding the allocation of infrastructure and resources for these courts.
Background and Enactment
Prior to the Act, trials involving MPs/MLAs often faced delays due to various factors, including political influence and a heavy caseload in regular courts. The need for a dedicated mechanism to handle these cases was highlighted by concerns about the criminalization of politics. The Bihar government, in 2009, responded by enacting the Bihar Special Courts Act.
Provisions of the Act
- Establishment of Special Courts: The Act provided for the establishment of special courts in Bihar to exclusively try cases involving elected representatives.
- Fast-Track Trials: These courts were mandated to conduct trials on a fast-track basis, with specific timelines for completion.
- Appointment of Judges: The Act outlined the process for appointing judges to these special courts, often drawing from the existing judicial cadre.
- Infrastructure and Resources: The Act implicitly required the state government to provide adequate infrastructure and resources to ensure the effective functioning of these courts.
Recent Developments and Supreme Court Intervention
Despite the enactment of the Act, the progress of trials remained slow. A significant number of cases remained pending for years, defeating the very purpose of the legislation. In December 2023, the Supreme Court took cognizance of the matter and directed the Bihar government to ensure the proper functioning of the special courts.
The Supreme Court expressed concern over the lack of adequate infrastructure, including courtrooms, staff, and record-keeping facilities. It directed the state government to allocate sufficient funds and resources to these courts and to expedite the appointment of judges and staff. The court also emphasized the importance of timely trials to uphold the rule of law and maintain public trust in the judiciary.
Current Status (as of Feb 2024)
As of February 2024, approximately 1,172 cases are pending in these special courts. The Supreme Court is monitoring the progress and has sought regular updates from the Bihar government on the steps taken to address the issues. The state government has assured the court that it is committed to ensuring the effective functioning of the special courts and expediting the trials.
Challenges and Concerns
- Lack of Infrastructure: Insufficient courtrooms, staff, and record-keeping facilities continue to be a major impediment.
- Judicial Vacancies: Delays in the appointment of judges to these courts have contributed to the backlog of cases.
- Political Interference: Concerns remain about potential political interference in the judicial process.
- Resource Allocation: Inadequate allocation of funds and resources has hampered the effective functioning of the courts.
Conclusion
The Bihar Special Courts Act, 2009, was a significant step towards addressing the issue of criminalization of politics and ensuring faster trials for elected representatives facing criminal charges. However, its effectiveness has been hampered by a lack of adequate infrastructure, judicial vacancies, and resource constraints. The recent Supreme Court intervention underscores the need for the Bihar government to prioritize the functioning of these courts and ensure a timely and impartial judicial process. Sustained efforts are crucial to realize the Act’s original intent and uphold the rule of law.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.