AIR 2002 SUPREME COURT 2096 ::2002 AIR SCW 2164 ::(2004) 1 BankJ 40 ::2002 (2) UJ (SC) 898 ::2002 UJ(SC) 2 898 ::2002 SCC (L&S) 615 ::2002 (5) SCC 1 ::(2002) 4 Scale 433 ::(2002) 2 BankCLR 1538 ::2002 (3) ServLJ 141 SC ::2002 (48) All LR 312 ::(2002) 3 All WC 1825 ::(2004) 3 BankCas 334 ::(2002) 2 Cg LJ 162 ::2002 (3) GujLR 2082 ::2002 (2) ESC 112 ::2002 (4) MadLW 674 ::(2002) 3 Mad LJ 17 ::2002 (3) Ker LT 474 ::(2002) 3 Lab LN 14 ::(2002) 2 JCR 138 (SC) ::2002 (2) SCT 1085 ::2003 (1) Cal LT 1 ::(2002) 3 UPLBEC 2042 ::2002 (2) LRI 604 ::2002 (3) SLT 593 ::2002 (4) Supreme 117 ::(2002) 4 Andh LT 17 ::2002 (6) SRJ 389 ::(2002) 4 JT 605 (SC) ::2002 (4) JT 605

Supreme Court Of India

Hon'ble Judge(s): B. N. Kirpal, K. G. Balakrishnan, Arijit Pasayat , JJJ

(A) Constitution of India , Art.233, Art.234, Art.235— Fast Track Courts - Establishment of - Not unconstitutional - Appointments to Fast Track Courts have to be made by High Court in compliance with Chapter 6 of Constitution - Fact that such scheme has stemmed from Central Govt. is of no consequence. It cannot be said that Constitution does not envisage establishment of Fast Track Courts. Though the Fast Track Court Scheme is envisaged by the Central Government on the basis of the views indicated by the Finance Commission, yet appointments to the Fast Track Courts are to be made by the High Court keeping in view the modalities set out. Therefore, merely because the suggestion has stemmed from the Central Government; it cannot be said that there has been any violation of any constitutional mandate. Chapter VI of the Constitution deals with Subordinate Courts. While Article 233 relates to the recruitment to the District Judges, Article 234 relates to the recruitment of members of the judicial service of the State other than District Judges. The power of appointment under Article 234 does not include the power to confirm the promotion of judicial officers other than judicial officers which is vested exclusively in the High Court by Article 234. Any rule which provides that the authority belongs to the Governor in consulation with the High Court, shall be void.....