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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