BRIJ MOHAN LAL versus UNION OF INDIA AND ORS.

BRIJ MOHAN LAL versus UNION OF INDIA AND ORS.

The Scheme for establishment of Fast Track Courts and the appointment of retired Judges is constitutionally valid; High Courts have pivotal authority and must comply with relevant constitutional provisions in Chapter VI; the guidelines and directions issued address initial issues and ensure proper implementation.

Parties
Petitioner: Brij Mohan Lal; Respondent: Union of India and Ors.; Respondent: K.S. Saini; Respondent: Chander Shekhar Ashri; Respondent: T.V. Ratnam; Respondent: K. Subba Rao; Respondent: Prateek Jalan; Respondent: P. Parmeswaran; Respondent: Ms. Aishwarya Rao; Respondent: Ms. Kamini Jaiswal; Respondent: P.S. Narasimha; Respondent: Ananga Bhattacharjee; Respondent: Narender Verma; Respondent: Prashant Bhushan; Respondent: K. Ram Kumar; Respondent: B. Sridhar; Respondent: Ms. Rachna Gupta; Respondent: Ms. Rachana Srivastava
Jurisdiction
India
Judgment Date
06 May 2002
Procedural Posture
Transferred Case (civil) No. 22 of 2001; Tc. (c) No. 23/2001; SLP (c) No. 7870, 10645 of 2001; T.p. (c) No. 407 410 of 2001 / Final Judgment
Outcome
petition disposed of
Legal Topics
Establishment of Fast Track Courts, Appointment of Judges, Judicial Independence
Constitutional Law Judicial Administration Establishment of Fast Track Courts Appointment of Judges Judicial Independence

Case Brief

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Parties

Brij Mohan Lal

Petitioner

Union of India and Ors.

Respondent

K.S. Saini

Respondent

Chander Shekhar Ashri

Respondent

T.V. Ratnam

Respondent

K. Subba Rao

Respondent

Prateek Jalan

Respondent

P. Parmeswaran

Respondent

Ms. Aishwarya Rao

Respondent

Ms. Kamini Jaiswal

Respondent

P.S. Narasimha

Respondent

Ananga Bhattacharjee

Respondent

Narender Verma

Respondent

Prashant Bhushan

Respondent

K. Ram Kumar

Respondent

B. Sridhar

Respondent

Ms. Rachna Gupta

Respondent

Ms. Rachana Srivastava

Respondent

Procedural Posture

Transferred Case (civil) No. 22 of 2001; Tc. (c) No. 23/2001; SLP (c) No. 7870, 10645 of 2001; T.p. (c) No. 407 410 of 2001 / Final Judgment

Legal Issues

  1. 1 Whether the Scheme for Establishment of Fast Track Courts is constitutionally valid
  2. 2 Whether appointment of retired Judges under the Scheme is valid
  3. 3 Whether adequate guidelines exist for appointment and functioning of Fast Track Courts

Ratio Decidendi

The Scheme for establishment of Fast Track Courts and the appointment of retired Judges is constitutionally valid; High Courts have pivotal authority and must comply with relevant constitutional provisions in Chapter VI; the guidelines and directions issued address initial issues and ensure proper implementation.

Court Disposition

petition disposed of

Orders

  • Directions and guidelines issued for appointment of Judges and functioning of Fast Track Courts.
  • Quarterly Status Reports to be submitted by each High Court and State Government.