Special Courts

Introduction

Special Courts are created by the legislature to try specific types of offences. Article 14 ensures that such courts do not violate equality by providing clear rules and guidelines. The law must prevent arbitrary actions by the executive while maintaining fairness in trials.

Meaning / Definition

Under Article 14, equality before the law and equal protection of the law must be maintained. Special Courts may be set up to try offences quickly or under special circumstances, but they must follow legal principles and cannot grant uncontrolled powers to the government or executive.

Modes or Types

Guidelines for Special Courts

• Offences must be properly classified.
• Duration of Special Courts must be specified.
• Procedures should align closely with ordinary law.
• Executive powers must be guided and controlled.
• Special Courts should ensure fairness and prevent arbitrariness.

Important Case Law

• In re Special Courts Case: Supreme Court held that Special Courts set up for offences during the Emergency (1975–77) were valid, as offences were classified and procedures were proper.
• State of West Bengal v. Anwar Ali: Act giving arbitrary power to select offences for special trials violated Article 14. Lack of guidelines and differing procedures from Cr.P.C. made it invalid.
• Kathi Ranning v. State of Saurastra: Law specifying offences and providing guidelines for special trials was upheld as valid.

Distinction / Comparison

• Ordinary Courts vs Special Courts: Ordinary courts try all offences equally, while Special Courts focus on specific offences with clear guidelines. Special Courts are valid if they do not give arbitrary powers and follow procedural fairness.

Practical Example

During a state emergency, the government can create Special Courts to try cases of corruption or sabotage. These courts must follow set rules, classify offences clearly, and maintain fairness similar to regular courts.

Summary

• Special Courts can be established under law but must follow Article 14.
• Offences must be clearly classified; arbitrary selection by the executive is invalid.
• Procedures should not differ substantially from ordinary law.
• Article 14 ensures equality before the law and protection from arbitrary state action.
• Judicial pronouncements have expanded Article 14 to prevent arbitrariness in Special Courts.