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Monday, December 9, 2024

How the Supreme Court Hears Cases - A Complex Balance of Justice and Efficiency

The Supreme Court of India (SC) stands as the guardian of the Constitution, a symbol of justice, and the ultimate arbiter in the country. Every year, thousands of cases are filed, adding to an already massive backlog. This poses a critical question: How does the apex court decide which cases to prioritize?

Deciding Priorities 

To manage the burgeoning docket, the SC adopts specific strategies for prioritizing cases. Recently, under Chief Justice of India (CJI) Sanjiv Khanna, the focus has shifted to addressing special leave petitions (SLPs) pending at the admission stage. These are appeals requiring the SC’s leave for a detailed hearing. By dedicating Tuesdays, Wednesdays, and Thursdays to these cases, the court aims to either admit or dismiss them quickly, clearing the path for regular hearings. 

This streamlined approach limits detailed hearings to Mondays and Fridays, known as "Miscellaneous days," when fresh cases are heard. With over 82,000 cases currently pending, prioritizing SLPs offers a practical means to reduce the load efficiently. Historically, only 14% of SLPs are admitted, and each such admission decision averages just 1 minute and 33 seconds.

Weekly Schedule and Pendency Management 

Under the CJI’s new schedule, cases that require quick decisions, such as "after notice miscellaneous matters," take precedence. These cases often involve shorter hearings and can be resolved swiftly. By contrast, regular hearing matters, which require extensive arguments and deliberations, are addressed later, despite their years-long pendency. While this approach speeds up the disposal of newer cases, it adds to the waiting time for older, more complex matters.

Evolving Approaches by CJIs 

Each CJI brings a unique strategy to pendency management. Justice D Y Chandrachud, for instance, prioritized long-pending regular hearing and Constitution Bench matters, reducing regular case pendency significantly during his tenure. His predecessor, Justice U U Lalit, also emphasized clearing constitutional matters. In contrast, CJI Khanna’s focus on admission-stage cases reflects an ongoing experiment to find the best balance.

The Journey of a Case 

A case’s journey in the SC begins with filing by an Advocate-on-Record (AoR), who submits necessary documents through the court’s e-Filing portal or at a filing counter. The Registry, an administrative wing of the court, verifies documents, assigns a diary number, and ensures defects are cured within stipulated timeframes. Once listed, the case undergoes various stages—from “fresh” to "after notice miscellaneous" to "regular hearing" matters—before reaching a final verdict.

The SC’s Registry, divided into judicial and administrative wings, plays a pivotal role in managing these processes. It ensures seamless coordination, allowing the judiciary to focus on its primary function of dispensing justice.

Balancing Justice and Efficiency 

The Supreme Court’s dynamic scheduling reflects a constant effort to balance timely justice delivery with addressing the backlog. While prioritizing SLPs clears immediate hurdles, regular hearing matters—often pending for years—demand sustained attention. The court’s ability to adapt, innovate, and streamline its procedures ensures that the scales of justice remain balanced, even amid overwhelming challenges.

 

 

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