Dedicated courts established for the speedy disposal of specific categories of criminal cases — including rape, POCSO offences, senior citizen cases, and cases involving persons in custody — to reduce trial pendency in these sensitive categories.
Explanation
Fast Track Courts (FTCs) were first recommended by the 11th Finance Commission (2000) and established by the Central Government in 2000-2001 with the objective of disposing pending sessions cases and long-standing cases. After the Nirbhaya gang rape case (December 2012), Fast Track Special Courts (FTSCs) for rape and POCSO cases were established as a distinct category. As of 2024: (a) Fast Track Special Courts specifically for rape and POCSO cases have been established in most states under a central scheme; (b) these courts have exclusive jurisdiction over rape cases under Section 64 BNS and POCSO Act cases; (c) they are intended to complete trial within 2 months.
Statutory Provision
Section 28, Protection of Children from Sexual Offences Act (POCSO), 2012: 'The State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under this Act.' This mandates special courts for POCSO offences. The Criminal Law (Amendment) Act, 2013 (post-Nirbhaya) added provisions to CrPC (now BNSS) for fast track disposal of rape cases.
The constitutional arrangement by which governmental powers are divided and distributed between the Union (Central Government) and the States, each being supreme within its own sphere defined by the Constitution.
Explanation
India's federalism is 'quasi-federal' — the Constitution distributes legislative powers among three Lists (Union List, State List, Concurrent List under Schedule VII), but gives the Union substantial overriding powers in certain situations. The Union has residual powers (Article 248), can legislate on State subjects in national interest (Article 249), during Emergency (Articles 352-360), on request of States (Article 252), and can override State legislation on Concurrent List subjects. The Supreme Court in S.R. Bommai (1994) declared federalism a basic structure principle — it cannot be abolished even by constitutional amendment.
Statutory Provision
Article 246, Constitution of India: 'Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the Union List).' Schedule VII sets out the three lists dividing legislative powers.
The ultimate relief granted by a court after final disposal of a case — based on full evidence, complete arguments, and final determination of the parties' rights — as distinguished from interim relief granted during the pendency of the case.
Explanation
Final relief is the definitive judicial response to a dispute — the order or decree that finally resolves the matter. It may take the form of: (a) a decree for specific performance; (b) a perpetual injunction; (c) damages; (d) a declaratory decree; (e) a decree for possession; (f) an order quashing an administrative decision; or (g) a writ issued after full hearing. Final relief is based on full evidence and complete arguments from both sides — unlike interim relief (which is based on prima facie assessment). The final relief is also what becomes res judicata — binding on the parties and preventing re-litigation of the same issues.
Statutory Provision
Section 2(2), Code of Civil Procedure, 1908: 'decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit...' A decree is the primary form of final relief in civil proceedings. In constitutional proceedings: the final order after full hearing constitutes the 'final relief' — whether a writ issues, is refused, or is disposed of on terms.
A bill introduced in Parliament annually to give effect to the financial proposals of the Government for the ensuing year, including imposition of new taxes and changes to existing taxes — broader than a money bill but usually certified as one.
Explanation
The Finance Bill is the vehicle for the Union Budget's tax proposals. Unlike a 'money bill' (which is a constitutional category under Article 110 covering only specific matters), 'Finance Bill' is a parliamentary and budgetary usage. The annual Finance Bill gives legal effect to changes in income tax rates, customs duties, GST, and other fiscal measures. When it contains only matters in Article 110(1), it is certified as a money bill. When it contains other matters (such as the Finance Act 2017, which amended tribunal compositions), it may be a 'finance bill' that is not technically a 'money bill' — but the line has been blurred by the Aadhaar and Finance Act controversies.
Statutory Provision
No separate constitutional definition of 'Finance Bill' — the term is used in Rule 219 of the Rules of Procedure of the Lok Sabha to describe the bill that gives effect to the financial proposals of the Central Government for the ensuing financial year. Constitutionally, it may or may not qualify as a 'Money Bill' under Article 110 depending on its contents.
A proclamation under Article 360 of the Constitution by which the President may declare that the financial stability or credit of India or of any part thereof is threatened.
Explanation
Financial Emergency under Article 360 has never been invoked in India's constitutional history, making it the least used of the three emergency provisions. When proclaimed: (a) the executive authority of the Union extends to giving financial propriety directions to States; (b) all money bills passed by State Legislatures may be reserved for President's consideration; (c) salaries and allowances of all government servants, including Supreme Court and High Court judges, may be reduced. Parliamentary approval (both Houses, simple majority) is required within 2 months. The provision was inspired by the US Emergency Banking Act (1933) during the Great Depression.
Statutory Provision
Article 360(1), Constitution of India: 'If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part thereof is threatened, he may by a Proclamation make a declaration to that effect.'
A contractual provision excusing a party from performance obligations when specified extraordinary events beyond their control — such as natural disasters, wars, pandemics, or government actions — prevent performance.
Explanation
A force majeure (French: 'superior force') clause excuses non-performance when extraordinary events outside a party's control prevent them from meeting their contractual obligations. Unlike the statutory frustration doctrine (Section 56 ICA — which discharges the entire contract), a force majeure clause may: (a) merely suspend performance during the event; (b) give either party a right to terminate if the event persists beyond a specified period; or (c) limit specific obligations (e.g., delivery timelines) without affecting payment obligations. The COVID-19 pandemic generated massive force majeure litigation globally — courts examined whether pandemic and lockdown orders constituted force majeure under specific contract clauses. In India, many COVID-19 force majeure claims failed because: (a) the events were foreseeable for some parties (those who contracted after the pandemic began); or (b) the clause didn't specifically include pandemics or government actions.
Statutory Provision
No statutory force majeure provision — force majeure is a contractual mechanism. Section 56, Indian Contract Act, 1872 ('frustration' doctrine): 'An agreement to do an act afterwards becomes impossible or unlawful by reason of some event which the promisor could not prevent shall be void.' The force majeure clause is a contractual mechanism that supplements (and often modifies) the Section 56 statutory frustration doctrine — parties can define their own force majeure events, procedures, and consequences, rather than relying on the default statutory frustration rules.
Evidence derived from the application of scientific methods and techniques to the investigation of crime — including fingerprints, DNA analysis, ballistics, toxicology, handwriting analysis, digital forensics, and forensic medicine.
Explanation
Forensic evidence is admitted in Indian courts under the expert opinion provisions of the BSA — Section 45 BSA (formerly Section 45 IEA) admits opinions of persons specially skilled in science, art, foreign law, or trade when the court requires that opinion to form a judgment. Forensic experts include: forensic pathologists (cause of death), fingerprint experts, DNA analysts, handwriting experts, ballistics experts, toxicologists, and digital forensics experts. Forensic evidence has increasingly become the gold standard in serious criminal trials — replacing reliance on confessions and eyewitness testimony with objective scientific proof. The BNSS 2023 specifically emphasises forensic investigation (Section 176 BNSS) as mandatory in serious offences.
Statutory Provision
Section 45, Bharatiya Sakshya Adhiniyam (BSA), 2023 (formerly Section 45 IEA): 'When the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts.' Section 176(3), BNSS 2023: in offences punishable with 7+ years imprisonment, forensic experts must visit the scene and the State must maintain a forensic laboratory.
The rights of Scheduled Tribes and other traditional forest dwellers over forest land and forest resources, recognised and vested under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Explanation
The Forest Rights Act (FRA), 2006 addresses the historical injustice of displacing tribal communities from their ancestral forest lands during the colonial era's forest reservation process. Key rights recognised: (a) individual forest rights — right to live in and cultivate forest land that the community has been occupying for three generations (before 13 December 2005); (b) community forest rights — rights over community forest resources (NTFPs, grazing, fishing, water bodies); (c) forest management rights — right to protect, conserve, and manage community forest resources; and (d) individual rights over habitat for Particularly Vulnerable Tribal Groups (PVTGs). The process for claiming rights: Gram Sabha (village assembly) initiates the process; Forest Rights Committee verifies; Sub-Divisional Level Committee decides; District Level Committee for appeals.
Statutory Provision
Section 3(1), Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: 'For the purposes of this Act, the following rights, which secure individual or community tenure or both, shall be the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands, namely: — (a) the right to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dwellers...'
The court's determination of the specific points in dispute between parties, based on their pleadings, to focus the trial on contested questions only.
Explanation
Framing of issues is a pivotal pre-trial stage under Order XIV CPC where the court identifies the precise controversies—factual and legal—that must be decided. Issues arise where a material proposition of fact or law is affirmed by one party and denied by the other. The court may frame issues at any time before passing a decree, and issues not framed cannot ordinarily be decided. Proper framing avoids unnecessary evidence and keeps the trial focused.
Statutory Provision
Order XIV Rule 1, Code of Civil Procedure, 1908: 'Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.'
A Preamble value pledging to promote among citizens a sense of brotherhood — assuring the dignity of the individual and the unity and integrity of the Nation.
Explanation
Fraternity is the third of the three great values in the French Revolutionary tradition (Liberté, Égalité, Fraternité) and the one most often overlooked. In the Preamble, fraternity is linked to two goals: (a) assuring the dignity of the individual; and (b) the unity and integrity of the nation. Dr. Ambedkar considered fraternity the most important of all values — without a spirit of brotherhood, equality and liberty become empty words. Fraternity requires citizens to see each other as members of a common society, transcending divisions of caste, religion, language, and region.
Statutory Provision
Preamble, Constitution of India: 'We, the People of India...resolve to secure to all its citizens: JUSTICE...LIBERTY...EQUALITY...and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.' Fundamental Duty Article 51A(e): Duty to promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic and regional or sectional diversities.
