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Supreme Court Orders States to Set Up Exclusive UAPA Courts for 1‑Year Trial Completion — UPSC Current Affairs | March 24, 2026
Supreme Court Orders States to Set Up Exclusive UAPA Courts for 1‑Year Trial Completion
The Supreme Court has directed 17 states/UTs to determine the number of exclusive courts required to try cases under the <span class="key-term" data-definition="Unlawful Activities (Prevention) Act — anti‑terror law that empowers the state to curb unlawful activities; a key GS2 topic">UAPA</span> within a year, urging High Courts to ensure adequate staff and prosecutors, and mandating the appointment of dedicated Public Prosecutors or Special Public Prosecutors where needed.
Supreme Court’s Directive on Special Courts for UAPA Trials The Supreme Court issued a suo motu order compelling 17 states and Union Territories to identify the number of exclusive courts needed to ensure that trials under the UAPA are concluded within one year. The order also stresses the role of High Courts, investigative agencies, and the appointment of dedicated prosecutors. Key Developments States must submit, within four weeks, a concrete count of exclusive courts required for day‑to‑day UAPA trials, with a categorical commitment that each case be disposed of within 12 months. The High Courts are instructed to procure adequate judicial staff for these courts. The NIA , CBI , and other agencies must ensure at least one dedicated Public Prosecutor for each special court. Where prosecutor shortages exist, the Union and State governments must notify Special Public Prosecutors (SPPs) in consultation with the respective High Courts. A pilot project, based on the Union’s Office Memorandum dated 07.01.2026 , sees each of the 17 states initially establishing one exclusive court for NIA/UAPA matters with central financial assistance. The Court also mandated a separate mechanism to evaluate the ACRs of presiding officers in these courts, given their atypical workload. Important Facts The order was delivered by a bench comprising CJI Surya Kant and Justice Joymalya Bagchi . Additional Solicitor Generals Aishwarya Bhati and SD Sanjay , along with the Advocate Generals of the 17 states, appeared before the Court. Earlier, in September 2025, the Court had recommended increasing the cadre strength of judicial officers rather than reallocating existing judges, to avoid overburdening regular courts. In November 2025, it urged the Union to devise a pan‑India mechanism for speedy disposal of special‑statute cases within six months. The present order also seeks responses from the Registrars General of the 17 states, underscoring the administrative coordination required. UPSC Relevance Understanding the Court’s intervention is vital for GS2 (Polity & Governance) as it illustrates judicial activism, federal‑state coordination, and the functioning of special courts. The discussion of MCOCA alongside UAPA highlights the broader challenge of handling terrorism‑related offences. The role of investigative agencies like NIA and CBI is pertinent for questions on law‑enforcement architecture. For GS4 (Ethics & Integrity), the emphasis on dedicated prosecutors and performance appraisal (ACR) of judges reflects concerns about accountability and efficiency in the justice system. Way Forward States should conduct a rapid audit of pending UAPA cases and map required court infrastructure. High Courts must fast‑track recruitment of judicial officers, court staff, and prosecutors to operationalise the exclusive courts. The Union should formalise the financial assistance model and establish a central monitoring cell to track trial timelines. A uniform ACR evaluation framework for presiding officers should be drafted in consultation with the Judicial Academy. Periodic review mechanisms, possibly through a Supreme Court‑led committee, can ensure adherence to the one‑year disposal target. Effective implementation will not only reduce pendency in terrorism‑related cases but also strengthen public confidence in the judicial system, a key objective of India’s democratic governance.
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Overview

Supreme Court mandates exclusive UAPA courts to ensure 1‑year disposal, underscoring judicial activism in terrorism trials

Key Facts

  1. Supreme Court, in a suo motu order (bench of CJI Surya Kant & Justice Joymalya Bagchi), directed 17 states/UTs to set up exclusive UAPA courts.
  2. Each state must submit the required number of courts within 4 weeks and ensure trial completion within 12 months.
  3. High Courts are tasked to recruit adequate judicial staff; NIA, CBI and other agencies must appoint at least one dedicated Public Prosecutor per special court.
  4. A pilot scheme (Office Memorandum dated 07.01.2026) provides central financial assistance for one exclusive court per state for NIA/UAPA matters.
  5. Where prosecutor shortages exist, Union and State governments must notify Special Public Prosecutors (SPPs) in consultation with High Courts.
  6. The order also calls for a separate mechanism to evaluate Annual Confidential Reports (ACRs) of presiding judges handling these cases.

Background & Context

The directive addresses chronic pendency in terrorism‑related prosecutions under the Unlawful Activities (Prevention) Act, reflecting the judiciary's role in ensuring speedy justice. It dovetails with broader UPSC themes of judicial activism, federal‑state coordination, and reforms in the criminal justice system to combat internal security threats.

UPSC Syllabus Connections

GS2•Statutory, regulatory and quasi-judicial bodiesGS3•Role of external state and non-state actors in security challengesPrelims_GS•Constitution and Political SystemGS2•Constitutional posts, bodies and their powers and functionsGS2•Executive and Judiciary - structure, organization and functioning

Mains Answer Angle

GS2 – Discuss the implications of the Supreme Court's order for judicial efficiency and federal cooperation in handling terrorism cases. Evaluate whether special courts are a sustainable solution for expediting UAPA trials.

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Analysis

Practice Questions

GS2
Easy
Prelims MCQ

Judicial reforms / Special courts for terrorism cases

1 marks
4 keywords
GS2
Medium
Mains Short Answer

Role of prosecutorial agencies in special courts

5 marks
4 keywords
GS2
Hard
Mains Essay

Judicial activism, federal‑state coordination, special courts

20 marks
6 keywords
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