Constitution & Law

Centre urges States to set up Special NDPS Courts as backlog hits 3.9 lakh

03 August 2026UPSCSSCBank

In Brief

Ministry of Home Affairs directs states to create dedicated courts to clear 3.9 lakh pending drug cases.

The Union Ministry of Home Affairs directed state governments across India to immediately establish dedicated Special Courts to expedite trial proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985. The central directive comes as nationwide judicial pendency in drug-related offences reached an unprecedented high of nearly 3.9 lakh cases across various state judiciaries.

Section 36 of the NDPS Act explicitly empowers state governments to constitute Special Courts through official gazette notifications, subject to concurrence from the Chief Justice of the respective High Court. The primary structural objective behind setting up these specialized judicial tribunals is providing speedy trials for severe offenses involving commercial quantities of illicit substances and organized drug cartels.

Official data revealed severe regional disparities in judicial infrastructure, with Punjab holding nearly 60,000 pending drug cases without a single functioning Special NDPS Court. Similarly, Kerala accumulated over 50,000 pending cases while maintaining only two functional special courts. Under Section 36A of the law, offenses punishable with imprisonment exceeding three years are exclusively triable by these designated Special Courts.

Fast-tracking drug trials is vital for criminal deterrence, reducing undertrial overcrowding, and upholding the fundamental right to a speedy trial guaranteed under Article 21 of the Constitution. Examiners frequently frame Prelims questions on statutory provisions of the NDPS Act, while Mains topics focus on judicial administration, court pendency, and rule of law reforms.

UPSC Study NotesHIGHGS2 — Polity & Governance (Judiciary)

GS2 — Polity & Governance (Judiciary)

📌 Exam Angle

Prelims can test statutory provisions of the NDPS Act, specifically who establishes Special Courts and the necessity of High Court concurrence. Mains questions will focus on structural judicial backlog, specialized tribunals, and enforcing the fundamental right to a speedy trial.

⚠️ Key Concerns

Severe regional infrastructure deficits—such as Punjab having 60,000 pending cases with zero functioning Special Courts—paralyze enforcement. Prolonged detentions without trial violate Article 21 safeguards and severely exacerbate undertrial overcrowding across Indian prisons.

💡 Why It Matters

Swift judicial adjudication dismantles organized drug cartels, directly safeguarding national security and public health. It modernizes criminal justice administration by aligning statutory enforcement mandates with constitutional guarantees of fair and timely justice.

🔑 Must Remember

• Section 36 empowers State Governments to set up Special NDPS Courts with High Court Chief Justice concurrence. • Section 36A mandates exclusive trial by Special Courts for offenses carrying imprisonment exceeding three years. • Nationwide judicial pendency in drug-related offences has reached an unprecedented high of nearly 3.9 lakh cases.

📝 Key Terms

NDPS Act 1985Section 36Article 21Judicial PendencySpecial CourtsUndertrial OvercrowdingHigh Court ConcurrenceRule of Law

Centre urges States to set up Special NDPS Courts as backlog hits 3.9 lakh

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