Supreme Court Directs States to Establish Exclusive UAPA and NDPS Special Courts

Background and Overview

The Supreme Court of India reaffirmed on July 21, 2026, that States must create exclusive Special Courts for cases under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which is a major step towards improving India’s criminal justice system. The Court noted that the current practice of allocating UAPA and NDPS cases to courts that handle regular criminal proceedings has led to excessively long delays, undermining the purpose of Special Courts. It emphasized that the administration of justice must strike a balance between national security and the constitutional guarantee of individual liberty, and that accused people should not be detained for years just because their hearings are delayed.

Constitutional & Statutory Provisions

Supreme Court primary focus was on Article 21 of the Indian Constitution, which protects the Right to Life and Personal Liberty and has been judicially interpreted to include the right to a speedy justice. The Court looked at the legislative framework governing Special Courts to support this constitutional mandate, specifically Section 22 of the National Investigation Agency Act, 2008, which permits State Governments to establish Special Courts for offenses investigated by the NIA or State agencies and Section 36 of The Narcotic Drugs and Psychotropic Substances Act of 1985, establishes Special Courts for NDPS offenses. The Court noted that in order to ensure prompt resolution and minimize extended pre-trial detention, the legislative aim behind these provisions can only be fully realized when such courts operate solely to try UAPA and NDPS matters.

Directions Issued

The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi directedall the concerned states and union territories to separate the UAPA and NDPS cases from the regular criminal cases by directing the formation of exclusive special courts for hearing such cases. The Union Government has been asked to provide the financial assistance required for this purpose. The State government was asked to consult their respective high court to look into the number of exclusive courts that need to be formed. The Presiding Officers of such special courts were directed to not hear any other type of cases so that they can complete the UAPA and NDPS cases on a day to day basis and finish them within a year if possible. The Court also directed appointment of Public Prosecutors to each of the special courts and to set up judicial infrastructure and staff as required to hear such cases. Directions were also issued by the Court to have more judicial officers appointed if required. The Court also asked the State Governments to provide status updates on the number of exclusive courts formed in order to hear UAPA and NDPS cases. The State Governments and Union Governments were directed to cooperate with each other and the high courts to facilitate expeditious disposal of such cases and to ensure the rights of speedy trial afforded to citizens under the Indian Constitution.

Case: In Re: Creation of Special Exclusive Courts [SMW(Crl) No. 1/2026]

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Editorial Note: This article has been reviewed by the LegalRath Editorial Team to ensure legal accuracy, editorial quality, and clarity before publication.