The main legal point established in the judgment is the constitutional obligation to reduce case backlog, increase judge strength, and ensure the appointment of suitable judicial officers to Fast Track Courts to maintain the independence and efficiency of the judicial system.

1. All these cases relate to the establishment and functioning of Courts described as Fast Track Courts, and therefore, are disposed of by this common judgment. The Eleventh Finance Commission (hereinafter referred to as "The Finance Commission") allocated Rs. 502.90 crores under Art.275 of the Constitution of India, 1950 (in short "the Constitution") for the purpose of setting up of 1,734 Courts in various States to deal with long pending cases, particularly, Sessions Cases. As allocation of funds made by the Finance Commission stipulated time-bound utilization within a period of five years, various State Governments were required to take necessary steps to establish such Courts. It appears that the Finance Commission had suggested that the States may consider re-employment of required judges for limited period, for the disposal of pending cases, since these Courts were to be ad hoc in the sense that they would not be a permanent addition to the number of Courts within a particular State. Challenge was made to the Scheme known as the Fast Track Courts Scheme in various High Courts, primarily on the ground that there was no constitutional sanction for employment of retired judges and effective guidelines were not in operation. It was also highlighted that infrastructural facilities were not available so as to make the Scheme a reality. Several such deficiencies were pointed out. A plea was made that instead of retired officers, eligible members of the Bar should be considered for appointment.

2. The stand of the Union of India on the other hand was that on the recommendations of the Finance Commission, a note was prepared by the Department of Justice, Government of India. There is no mandatory requirement for appointment of retired Sessions/ Additional Sessions Judges or other officers. Ad hoc promotion of judicial officers was also contemplated. It was pointed out that consequential vacancies created on account of ad hoc promotions can be filled up by a special drive so that there is no shortfall in the personnel of the lower Courts.

3. Learned Counsel appearing for the various parties were unanimous on one important aspect ie., the problems created by long pendency of cases different Courts all over the country. It was also conceded that any effort for reducing the pendency is a welcome step. Keeping in view the importance of the matter, learned counsel for the parties were asked to give their suggestions. Mr. Harish N. Salve, learned Solicitor General has given several suggestions with which we shall deal later. Learned Counsel for the other parties have more or less agreed to the suggestions, except to the suggestion regarding appointment of retired judges, more particularly, those with adverse service records.

4. The anxiety of all concerned about quick dispensation of justice has been succinctly stated by one of us (Hon'ble Kirpal, J. as he then was) in All India Judges' Association v. Union of India, 2002 (4) SCC 247: JT 2002 (3) SC 503) in the following words:

"An independent and efficient judicial system is one of the basic structures of our Constitution. If sufficient number of judges are not appointed, justice would not be available to the people, thereby undermining the basic structure. It is well known that justice delayed is justice denied. Time and again, the inadequacy in the number of judges has adversely been commented upon. Not only have the Law Commission and the Standing Committee of Parliament made observations in this regard, but even the Head of the judiciary, namely, the Chief Justice of India has had more occasion than one to make observations in this regard thereto. Under the circumstances, we feel it is our constitutional obligation to ensure that the backlog of the cases is decreased and efforts are made to increase the disposal of cases. Apart from the steps which may be necessary for increasing the efficiency of the judicial officers, we are of the opinion that time has now come for prote